Town of Philipstown, NY Article VII Supplementary Regulations

§ 175-30 Supplementary dimensional regulations.

A. Wetlands and watercourses in lot area calculations. In computing minimum lot area for new lots pursuant to the Dimensional Table,[1] the area of wetlands and watercourses, as determined by the Wetlands Inspector or Natural Resources Review Officer, shall not be counted for more than 25% of the minimum required lot area.

[1] Editor's Note: The Dimensional Table is included as an attachment to this chapter.

B. Corner lots and through lots. Wherever a side or rear yard is adjacent to a street, the front setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, two side yards, and no rear yard.

C. Projections into required setback areas.

(1) The following projections into required setback areas shall be permitted:

(a) Steps and stairs: four feet into any required setback area.

(b) Awnings or movable canopies: six feet into any required setback area.

(c) Cornices, eaves, and other similar architectural features: three feet into any required setback area.

(2) Carports, porches, and decks. An open or enclosed carport, porch, or deck shall be considered a part of the building in determining compliance with setback requirements.

D. Driveways. Driveways on lots with 100 feet or more of road frontage shall be set back at least 10 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required for driveways.

E. Height exceptions.

(1) The height limitations in the Dimensional Table[2] shall not apply to any flag pole, radio or television receiving antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet or railing, water tank, or any similar nonhabitable structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area. Such structures shall be limited to the minimum height and area necessary to accomplish their intended purposes and shall not cause the building height to exceed 55 feet except for spires associated with religious institutions. Such structures shall not be accessible to any person for purposes other than the repair and maintenance thereof.

[2] Editor's Note: The Dimensional Table is included as an attachment to this chapter.

(2) Solar energy facilities and communications towers may exceed the height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII. Vegetation planted on green roofs may also exceed height limits. Wind energy conversion systems may not exceed height limits in the Dimensional Table. Any solar energy facility or wind energy conversion system that is used to generate electricity primarily for off-site consumption shall require a special permit from the Zoning Board of Appeals.

[Amended 1-28-2015 by L.L. No. 1-2015]

(3) This Subsection E shall not be construed to permit any structure that is not allowed elsewhere in this chapter.

F. Setback exceptions.

(1) Any accessory structure attached to a principal building, and any detached barn, garage, stable, tennis court, or swimming pool shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas provided that they:

(a) Are not used for human habitation;

(b) Have a footprint no larger than 150 square feet;

(c) Do not exceed 16 feet in building height;

(d) Do not occupy more than 10% of a rear setback area;

(e) Are set back at least 10 feet from side or rear lot lines;

(f) Are not located closer to the street than the front yard setback required for a principal building, except for fences, gates, mailboxes, newspaper receptacles, signs, sand storage bins, bus shelters, and similar roadside structures with less than 100 square feet of footprint, as well as ornamental structures such as entry pillars and statues;

(g) Are not used for housing animals.

(2) For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.

(3) For watercourse setbacks within the WSO District, see § 175-14D(10).

(4) Signs shall be subject to the minimum setback requirements for buildings, except that one freestanding sign shall be permitted to have a minimum front setback of 10 feet. For nonresidential uses, signs that are closer to the street line than the required front building setback shall not be more than four feet in height, 24 square feet in area, and six feet in any dimension.

(5) No setback is required from a railroad right-of-way or an established pierhead line along the Hudson River.

(6) The minimum front setback for a building not exceeding 300 square feet in floor area and a height of 15 feet and used solely as a guardhouse, gatehouse, or security building shall be 10 feet.

G. Setbacks involving irregular buildings and lot lines. Where structures or lot lines are irregular or unusual in configuration, all points on the structure shall satisfy the minimum setback requirements from that point on the lot line which is the shortest distance from the structure.

H. Fences and walls.

(1) The setback requirements of this chapter shall not apply to retaining walls of any height or to fences less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety.

(2) The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split-rail fencing which does not obstruct visibility may be higher.

I. Reduction in lot area. No conforming lot shall be reduced in area in a manner that violates the dimensional requirements of this chapter.[3]

[3] Editor's Note: See § 175-11.

J. Center line of U.S. Route 9. The center line of U.S. Route 9 is a line established by the New York Department of Transportation for the purposes of highway design. (It is noted that this line was intended by the New York Department of Transportation to be along the center of the travelway or pavement as originally constructed.) Where that center line is not so determined, an alternative setback measurement may be made from either a line along the center of the travelway or from a line that is as near to the mean distance between the right-of-way lines as practicable without field survey, whichever results in the greater setback. The alternative setback measurement shall be made at the time of approval of a site plan or grant of a special permit and otherwise by the Zoning Administrative Officer at the time of approval of an application for a certificate of occupancy.

K. Access to Route 9 lots. Nonresidential uses with frontage on both U.S. Route 9 and another road shall be accessed from Route 9, unless such access is not feasible or safe, as determined by the New York State Department of Transportation.

L. Minimum buildable area. In addition to any applicable requirements of Chapter 85 of the Town Code, Environmentally Sensitive Lands, any residential structure, residential accessory structure, or nonresidential structure exceeding 500 square feet in floor area shall be built within a "buildable area" as defined in Chapter 85.

§ 175-31 Rural siting principles.

The following principles are recommended for consideration in the siting of buildings and site improvements in all districts other than the HM and HR Districts. These are in addition to and are not intended to replace or supersede more specific or more restrictive provisions in this chapter.

A. Wherever feasible, retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)

B. Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.

C. Avoid placing buildings in the middle of open fields. Place them either at the edges of fields or in wooded areas. Septic systems and leach fields may be located in fields, however.

D. Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Group buildings in clusters or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a "sprawl" pattern.

E. Minimize clearing of vegetation along roads and driveways, clearing only as much as is necessary to create driveway entrances with adequate sight distance. Use curves in the driveway to increase the screening of buildings.

F. Site buildings so that they do not protrude above treetops and crest lines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, any opening up of views should be by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees. More specific preservation measures for ridgelines and hillsides are contained in § 175-36.

G. Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walkout basements, garages under buildings), rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas.

§ 175-32 Stormwater management.

See Chapter 147A of the Town Code, entitled "Stormwater Management and Erosion and Sediment Control," and Chapter 147B of the Town Code, entitled "Storm Sewers," Article I, entitled "Illicit Discharges, Activities, and Connections."

§ 175-33 Sanitary disposal and water supply.

A. Sanitary disposal. No person shall construct any structure in the Town without meeting applicable requirements of the Town, the Putnam County and New York State Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities that regulate water supply and sewage disposal systems. Issuance of a certificate of occupancy shall be subject to sanitary system inspection and certification by the Putnam County Department of Health, and compliance with all conditions imposed by any other governmental authority.

B. Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability, and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 175-16.)

§ 175-34 Excavation, filling, grading and clearcutting.

A. Excavation, filling, and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not change the runoff characteristics of the property or otherwise adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety.

B. In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials by the property owner, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced, or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.

C. The Planning Board may, in connection with a major project site plan, require an applicant to furnish an irrevocable letter of credit, certified check, or other form of security to guarantee reclamation of areas to be excavated or graded if a project is abandoned. Such security shall be for an amount reasonably related to the potential cost of such reclamation, and shall be in a form deemed acceptable by the Town Attorney.

D. For regulation of soil mining, see § 175-17 of this chapter.

E. No excavation, filling, or grading and no clearcutting of 2,000 square feet or more in preparation for site development shall be undertaken prior to the grant of any special permit, site plan, or subdivision approval required for such development.

F. Excavation, clear cutting, or grading of any area exceeding 2,000 square feet and/or filling with more than 100 cubic yards of material shall require a permit from the Natural Resources Review Officer, unless such excavation, grading, filling, or clear cutting is performed pursuant to an approved site plan, special permit, subdivision plat, building permit, or timber harvesting plan, or as a normal and customary activity conducted in conjunction with a farm operation (as defined in Article XII). The Natural Resources Review Officer shall not issue a permit for such activities unless the applicant has demonstrated that the activities will not alter the runoff characteristics of the property or otherwise adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety. Any land disturbance involving more than 20,000 square feet of land that is not performed in connection with an approved building permit, special permit, or site plan, shall require plan approval from the Conservation Board using the procedures provided for in § 93-9 of the Town Code for wetlands permit plan review.

[Amended 10-3-2013 by L.L. No. 6-2013]

G. Excavation and grading activities shall comply with applicable requirements for erosion and sediment control in the Town Code.

H. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

I. The excavation or grading on any lot, or removal from any lot, of earth, loam, topsoil, sand, gravel, clay or stone are permitted when conducted in accordance with the standards and requirements specified below. All other excavation, grading or removal activities shall be deemed to be mining activities and shall be allowed only within the Soil Mining Overlay District.

(1) Operations in connection with construction of improvements, changing of contours and grading of lots in an approved subdivision plat in accordance with final plat maps, construction plans and grading plans approved by the Philipstown Planning Board under Chapter 112, Land Development.

(2) Operations in connection with bona fide construction or alteration of buildings, structures, off-street parking and loading areas, access, outside storage areas, landscaping and other site development in accordance with a site plan for particular uses and approved by the Philipstown Planning Board, Board of Appeals or Town Board, as the case may be, under Article IX of this chapter.

(3) Operations reasonably necessary in connection with bona fide agricultural pursuits (production of crops, livestock and livestock products, aquacultural products and woodland products as defined in § 301 of the New York Agriculture and Markets Law), provided that no earth materials are removed from the tract or tracts that constitute the farm unit.

(4) Operations reasonably necessary in connection with the bona fide construction or alteration of a building or structure, and access, parking spaces, structures or facilities accessory thereto and landscaping therefor, for a use permitted in a district as of right, and for which any required building permit has been issued and an application for a certificate of occupancy has been approved, provided that no more than 1,000 cubic yards of earth materials are removed from the lot for which the building permit has been issued and application for certificate of occupancy has been approved.

(5) Bona fide landscaping operations, provided that:

(a) Not more than 1,000 cubic yards of earth materials are removed from the lot where the landscaping operation is being conducted.

(b) The excavation, grading or removal conforms to all of the operations standards set forth in § 175-17.2D(3) through (8).

(c) When the landscaping operation involves removal of more than 250 cubic yards from the lot, written notice of intent to conduct such operation has been given to the Code Enforcement Officer together with topographic survey, prepared by and bearing the seal of a land surveyor or engineer licensed to practice in the State of New York, showing the location and limits of the proposed operation on the lot and existing contour lines in the operations area and proposed contour lines resulting from the operation, such survey to be drawn to a scale of not less than 100 feet equals one inch and with a contour interval not to exceed two feet.

(6) In addition to the above, the excavation, grading, or removal, in any calendar year, of not more than 100 cubic yards of earth material from each separate 40,000 square feet of lot area.

J. Permitted operations specified in § 175-34I(1) and (2) shall be conducted in accordance with plans approved by the Philipstown Planning Board, Board of Appeals and/or Town Board as specified above. For permitted operations specified in § 175-34I(4), (5) and (6) where the excavation, grading or removal results in disturbed area of 1/2 acre or more or affects a drainage system or regulated wetland or watercourse or may cause drainage flow onto adjoining streets or property, measures for soil erosion and sediment control shall be installed, maintained and completed in accordance with the October 1991 edition of "Guidelines for Urban Erosion & Sediment Control," published by the USDA — Soil Conservation Service, a copy of which is on file in the office of the Town Clerk of the Town of Philipstown.

K. Any land disturbance which violates this § 175-34 shall be remedied by restoring the land to its condition prior to the violation by order of the Zoning Administrative Officer. A land disturbance committed in violation of this chapter shall preclude the issuance of any type of permit for development of the parcel on which such violation occurs for a period of one year from the date the Zoning Administrative Officer determines that disturbance has been remedied.

§ 175-35 Wetland and watercourse protection.

See Chapter 93 of the Town Code, entitled "Freshwater Wetlands and Watercourses."

§ 175-36 Steep terrain and ridgeline protection regulations.

A. Purpose and applicability. The purpose of this section is to identify, protect, and provide for the proper management of steep terrain, ridgelines, and hillsides. This section shall apply throughout the Town, in all zoning districts, and to all uses that involve land disturbance, including all land use permitting decisions under this chapter as well as under Chapter 112, Land Development, and other Town of Philipstown land use laws and regulations. The exact locations of slopes, ridgelines, ridgeline protection areas, and hillside protection areas shall be based upon site-specific field-surveyed topography.

B. Slope restrictions.

(1) Except as provided in Subsection B(7) below, on slopes of 20% or greater, land disturbance shall be restricted to only those areas clearly needed for the following:

(a) Streets and highways shown on a plat approved under Chapter 112 and proposed for acceptance by the Town of Philipstown.

(b) Open development area private rights-of-way or easements of access shown on a plat approved under Chapter 112.

(c) Motor vehicle driveways running from the principal building site area to the street providing access to the lot.

(d) Footpaths and essential utility corridors.

(e) Boat launch access driveways.

(f) Retaining walls, drainageways, culverts, and other ancillary structures required in connection with Subsection B(1)(a) through (e) above.

(2) On slopes greater than 35%, and within steep terrain wetland/watercourse transition areas, land disturbance shall be further restricted to only those areas clearly needed for footpaths, essential utility corridors, and for soil mining and timber harvesting as permitted by Subsection B(3) below.

(3) On any slope of 20% or greater (including slopes greater than 35%), land disturbance also may occur in connection with permitted soil mining or timber harvesting operations conducted in a manner that avoids adverse effects of land disturbance on such slopes and provides for appropriate site restoration.

(4) Activities, uses, and construction which involve land disturbance on slopes 20% or greater and within steep terrain wetland/watercourse transition areas and which are subject to authorization or approval under this Chapter 175 and Chapter 112 shall be referred to the Philipstown Conservation Advisory Council/Conservation Board for review and advice with regard to the effects of the land disturbance, alternatives for development, and mitigation measures consistent with the purpose of this chapter.

(5) Land disturbance on slopes of 20% or greater that is within special flood hazard areas is subject to permit under Chapter 90. Land disturbance on slopes of 20% or greater within watercourses and controlled wetlands and their buffer zones is subject to permit under Chapter 93.

(6) Slopes shall be measured by utilizing two-foot contours, which can contain a rectangle on a horizontal plane having a length of 50 feet and a width of 25 feet, and exclusive of areas which cannot contain such rectangle.

(7) The Planning Board may grant a special permit allowing the disturbance of slopes of 20% or greater for a purpose other than those listed in Subsection B(1) above, provided that the Board makes a written finding that the proposed development would involve less land disturbance and have less overall impact on soils, vegetation, scenic views, and water resources than would development in compliance with Subsection B(1) of this section. An example of proper application of this Subsection B(7) would be to allow building on a site which has a slope exceeding 20% but which is at a relatively low elevation on a property and requires a short access driveway, as compared to a less steep site located at a higher elevation accessed by a longer driveway crossing slopes exceeding 20%. The latter may have a greater impact on the hillside both because of locating the building at a higher elevation and because the longer driveway across steep slopes would involve more land disturbance.

C. Ridgeline and hillside protection. The purpose of this Subsection C is to maintain the scenic beauty and rural character of the Town by minimizing visual intrusions into the landscape and preserving the important aesthetic, scenic, and ecological character of the Town's ridgelines and adjacent hillsides. The Town of Philipstown Resource Protection Zoning Map, Scenic Ridgelines[1] designates significant ridgelines for protection.

[Amended 9-7-2011 by L.L. No. 4-2011]

(1) Designation of ridgeline and hillside protection area. The ridgeline and hillside protection area shall consist of all land lying 50 feet downslope, measured vertically, below a ridgeline indicated on the Zoning Map.

(2) Review of development within protection area. Within the ridgeline and hillside protection area, any structure containing 500 square feet or more of floor area or that is more than 20 feet in height, and any land disturbance (as defined herein) of 2,000 square feet or more, shall be subject to site plan review. Structures built within the ridgeline and hillside protection area shall be no more than 30 feet in height, notwithstanding the provisions of § 175-30E, and shall not project above such ridgeline when viewed from any publicly accessible place. Vegetative screening of new structures shall be required as necessary to minimize visibility from publicly accessible places, consistent with the limitations in Subsection C(3) below. The Planning Board may, but shall not be required to, waive this site plan review requirement if it finds that the proposed development site is not visible from any publicly accessible place.

(3) Notwithstanding any other provision in this chapter, landowners shall not be required to plant vegetative screening and shall be permitted to cut, clear, or remove vegetation on their property to the extent necessary to keep and maintain views that existed on May 5, 2011, the date of original adoption of this § 175-36.

[1] Editor's Note: Said map is included at the end of this chapter.

§ 175-37 Protection of agriculture.

A. Agricultural buffers. Wherever residential uses are established abutting an existing agricultural use, the applicant for the residential use shall provide buffers to reduce its exposure to odors, noise, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features. This provision shall not apply to building on individual residential lots in existence prior to the adoption of this § 175-37 (May 5, 2011).

B. Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides, and to engage in farm practices which may generate dust, odor, smoke, noise, and vibration." This disclosure shall be required as a note on a subdivision plat or site plan, and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, inclusion in an offering plan or real estate listing information sheet, or letter of notification. This section may also be applied to any commercial development at the discretion of the Planning Board.

C. Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 175-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.

D. Keeping livestock as an accessory use. Subsections A through C above shall not apply where farm animals are kept on residential properties as an accessory use and are not part of a farm operation. See § 175-49.

E. Agricultural zoning exemptions. Within an agricultural district as defined in Article 25-AA of the New York State Agriculture and Markets Law, adopted by the county and certified by the state, the following exemptions from provisions of this Zoning Law shall apply to land and buildings on farm operations:

(1) There shall be no height limits on agricultural structures, including but not limited to barns, silos, grain bins, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation. The fencing restrictions in § 175-15I shall not apply.

(2) Lot line setback restrictions on agricultural structures shall be 30 feet from all property lines, except that setbacks from lots that are either not within the agricultural district or lots that have existing residential uses shall meet generally applicable setback requirements of this chapter. Agricultural structures containing animals, animal feed, or animal waste shall be set back at least 150 feet from watercourses and from lots that have existing residential uses, whether or not such residential lots are within an agricultural district. This setback requirement shall not apply to preexisting nonconforming structures.

(3) Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 15,000 square feet shall require minor project site plan approval pursuant to § 175-67.

[Amended 10-3-2013 by L.L. No. 6-2013]

§ 175-38 Off-street parking and loading.

A. Off-street parking.

(1) Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking, and to avoid the negative impacts of excessive parking lot construction.

(2) Minimum parking required for residential uses.

(a) For single-family or two-family dwelling: two spaces per dwelling unit.

(b) For multifamily dwelling: 1 1/2 spaces per dwelling unit.

(c) These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed-use development, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.

(3) Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.

(a) Provisional parking standards.

[1] Retail or service business uses: four spaces per 1,000 square feet of enclosed floor space, excluding space used for storage.

[2] Industrial/warehouse uses: one space per 1,000 square feet of enclosed floor space.

[3] Office uses: three spaces per 1,000 square feet of floor space.

[4] Lodging facility: one space for each bedroom plus one space for each nonresident employee and one space for every 200 square feet of floor space for meetings and functions.

[5] Restaurants, theaters, and other places of public assembly: one space for every three seats.

[6] Uses not listed above. As appropriate to the circumstances.

(b) Criteria for applying provisional standards. In applying or modifying the provisional parking standards for any proposed use, the Planning Board shall consider:

[1] The maximum number of vehicles that would actually be parked at the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand. The likelihood of people walking, bicycling, or carpooling to the proposed use shall be taken into consideration.

[2] The size of the structure(s) and the site.

[3] The environmental, scenic, or historic sensitivity of the site (including applicable limitations on impervious surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the Planning Board may require a reduction in the size of the structure so that the available parking will be sufficient.

[4] The availability of safely usable on-street parking.

[5] The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates such off-site land for public parking or demonstrates a legal right to shared use.

[6] The requirements for parking for the disabled as prescribed by the Americans with Disabilities Act.

(c) Set-aside for future parking. The Planning Board may, as a condition of reducing the provisional parking standards, require an applicant to set aside land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped, but may not be used in a manner that would prevent it from being developed for parking in the future.

(d) Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District by special permit. Such spaces shall be screened from adjoining properties and roads, and shall not exceed five spaces per lot.

(4) Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.

(a) Location and screening.

[1] All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. The Planning Board may modify or waive this requirement on lots that are located in the OC, M, and HC Districts only, where unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, where parking visible from the road is a commercial necessity for the business, or where most surrounding development has parking in front of buildings, provided that the applicant mitigates the visual impacts of such parking areas using appropriate landscaped buffers. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.

[2] Within any district, parking may be located anywhere on the site if it is screened from public roads and adjoining properties, or if it is part of a commercial or institutional development which is not visible from any public road, public recreation area, public building, or residential property.

[3] Within the HC and OC Districts, a maximum of one row of on-site parallel, perpendicular, or diagonal parking may be located in front of the principal building, but not within the required front yard. If parking spaces are located in front of the principal building, a minimum of 20 feet of the front setback area shall be planted with alternating double rows of trees or, if wooded, left in its natural state. This tree-planting requirement may be modified or waived where parking visible from the road is a commercial necessity for the business.

[4] If a parking lot containing 10 or more spaces lies within or borders the SR, RC, or RR Districts, a buffer zone at least 50 feet wide shall be planted with trees or dense vegetation to provide screening along all boundary lines, unless the adjoining properties are in the HC, OC, or M Districts or contain a nonresidential use.

[5] Parking layouts in the HM and HR Districts shall follow the Hamlet Design Guidelines cited in § 175-5.

(b) Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and runoff. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.

(c) Landscaping. Parking areas shall be landscaped in compliance with § 175-65D(2).

(d) Lighting. Lighting within parking lots shall comply with § 175-40L.

(e) Nonconforming parking lots shall be brought into conformity with this Subsection (A)(4) to the extent practicable whenever a site plan or special permit application is filed for an expansion or change of the use.

B. Off-street loading.

(1) General requirement. Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them with the architecture of the building. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service alleys.

(2) Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.

§ 175-39 Signs.

A. Purpose. The purpose of this section is to control the location, size, quantity, character, and lighting of signs in order to maintain the attractive appearance of the Town and avoid conditions of clutter and unsightliness. Through these regulations the Town seeks to:

(1) Protect public health and safety by ensuring that signs do not create dangerous conditions, obstruct vision necessary for traffic safety, or confuse, distract, or mislead motorists, bicyclists, or pedestrians; and

(2) Promote the general welfare by creating a more attractive visual environment that preserves the Town's historic and rural character, protects property values, encourages economic growth, enables businesses and other establishments to identify themselves, and minimizes negative impacts of signs on adjoining properties.

B. Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 175-39D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.

(1) Permanent signs.

(a) Signs not exceeding one square foot in area and bearing only property numbers, postal route box numbers, or names of occupants of premises.

(b) One sign, not exceeding 32 square feet in area, designating a farm.

(c) Flags and insignia of any government, except when displayed in connection with commercial promotion.

(d) Noncommercial information signs. Signs providing noncommercial information to the public, including community service information signs, public utility information signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historic points of interest, traffic control signs, directional parking signs, and all signs erected by a public officer in the performance of a public duty.

(e) One on-premises sign, either freestanding or attached, in connection with any residential building, for permitted home occupations, not exceeding three square feet and set back at least 10 feet from the traveled way or at the right-of-way, whichever is greater. Such signs shall not be illuminated.

(2) Temporary signs.

(a) Temporary nonilluminated "for sale" or "for rent" real estate signs and signs of similar nature concerning the premises upon which the sign is located. For residential uses, one sign per lot, not exceeding six square feet on each side. For nonresidential uses, one sign per lot, not exceeding 12 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within 10 days after closing of the sale, lease, or rental of the premises.

(b) Temporary nonilluminated window signs and posters not exceeding 25% of each window surface. (Such signs are normally used to advertise specific products or sales and are removed or replaced on a regular basis.)

(c) Two temporary signs for a roadside stand selling agricultural produce grown on the premises in season, provided that such signs do not exceed 32 square feet each, are set back at least five feet from the public right-of-way, and are removed at the end of the selling season.

(d) On-premises signs for garage sales and auctions, not exceeding four square feet, for a period not exceeding seven days.

(e) Posters, banners, and signs, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, for a period not exceeding 60 days in any six-month period.

(f) One sign, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, listing the architect, engineer, contractor, and/or owner, on premises where construction, renovation, or repair is in progress, limited to the duration of the construction period.

(g) Signs, portable or otherwise, advertising special events for nonprofit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall not exceed 24 square feet in area and shall not be displayed for more than 30 days.

(h) Signs required to be posted in connection with hearings on development applications, as provided in § 175-62F(3).

(i) Signs marking areas of highway or utility construction, repair, or maintenance.

C. Prohibited signs.

(1) No off-premises commercial signs shall be allowed, except that signs not exceeding four square feet directing the public to specific establishments may be allowed with site plan approval by the Planning Board.

(2) No exterior sign shall be illuminated internally, and no sign shall contain flashing, intermittent, rotating, or moving lights, except that one neon sign not exceeding three square feet may be allowed inside the window of a business establishment.

(3) Portable signs that are mounted on wheels, including unregistered motor vehicles or unregistered trailers parked in one location for more than 30 days in any calendar year and functioning primarily as signs, shall be prohibited.

(4) No permanent sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.

D. General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.

(1) Permit applications. Applications for new signs or proposed changes in existing signs shall include a scaled drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing the location of the sign on the building or property. A building permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign. No building permit shall be required if only the words or images on the sign are changed.

(2) Location and maintenance.

(a) Signs shall be erected, constructed, and maintained in a manner that does not obstruct traffic movement or visibility or cause any hazard to public safety.

(b) No signs shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property may be placed on trees. No signs shall be placed on municipally owned property without permission of the Town Board.

(c) All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted at all times.

(d) Signs shall be subject to the minimum setback requirements for buildings, except that on any lot, one freestanding sign shall be permitted to have a minimum front setback of 10 feet from the street line. For nonresidential uses, signs that are closer to the street line than the required front building setback shall not be more than four feet in height, 24 square feet in area, and six feet in any dimension.

(3) Sign area and height.

(a) Freestanding signs. Individual freestanding signs shall not exceed 16 square feet in area nor 10 feet in height above finished grade level. Freestanding signs that are grouped together on one sign structure shall not exceed a cumulative total of 50 square feet per structure, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit.

(b) Projecting signs. Projecting signs shall not exceed 12 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no nearer to the ground than 10 feet and no higher than 15 feet above the finished grade.

(c) Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.

(d) Window signs. Signs placed in windows shall not cover more than 25% of the window area.

(e) Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.

(f) Sign area bonuses. To encourage design excellence, the maximum sizes for individual signs specified above may be increased if the criteria below are satisfied. Sign bonuses shall not apply to exempt signs or to freestanding signs that exceed six feet in height. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:

[1] Fifteen percent when the sign is made of wood.

[2] Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.

[3] Twenty percent if the sign is the only sign identifying the establishment or its principal product.

[4] Twenty percent if the sign is not designed or used with illumination.

[5] Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.

(g) Maximum cumulative sign area per lot. The maximum amount of total sign area per lot shall be one square foot of total sign area for every two linear feet of lot frontage on a public street.

(h) Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.

(4) Illumination. No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed:

(a) Toward a residence;

(b) Upon a public street, highway, sidewalk, or adjacent premises in a manner that causes glare or reflection sufficient to constitute a nuisance or a traffic hazard; or

(c) Upward toward the sky.

(5) Sign design manual. The Town Board may adopt a sign design manual developed specifically for the Town of Philipstown or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this chapter.

E. Removal of signs.

(1) Signs advertising an establishment or institution that has permanently closed shall be removed within one month of such closure.

(2) The Zoning Administrative Officer shall notify in writing the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Zoning Administrative Officer shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.

(3) Upon failure to comply with such notice within the prescribed time, the Zoning Administrative Officer is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.

(4) Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Zoning Administrative Officer to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.

§ 175-40 Environmental performance standards.

A. Compliance with performance standards. No use shall hereafter be established, altered, moved, or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 175-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety. The standards in this section may be modified by a reviewing board where such modification is necessary for the commercial viability of the use and will not adversely affect neighboring land uses, where there is a specific federal or state standard with which the use is in compliance, or where the owner of the use can demonstrate that the standard is obsolete, unenforceable, or otherwise inappropriate under the circumstances.

B. Purpose of performance standards. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of all uses in order to:

(1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutants outside the building in which the use is conducted.

(2) Control noise and light perceptible beyond the boundaries of the site of the use.

(3) Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.

(4) Limit the dissemination of vibration, heat, or electromagnetic interference beyond the immediate site on which the use is located.

(5) Limit physical hazard by reason of fire, explosion, radiation, or any similar cause.

(6) Regulate and control the generation and flow of vehicular traffic in order to prevent hazardous conditions, traffic congestion, and excessive noise in the streets.

C. Noise. The following standards apply to noise.

(1) Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.

(2) No person, firm, or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of:

(a) Fifty decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m.; or

(b) Forty decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.; or

(c) Five decibels above the ambient noise at the point on the boundary of the lot where measured, whichever is greater.

(3) Sounds emitted at levels lower than those prohibited by Subsection (C)(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive, or in continual disharmony with the character of an adjoining or nearby residential neighborhood.

(4) Exemptions. The following shall be exempt from the noise level regulations:

(a) Noises not directly under the control of the property user.

(b) Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset, Monday through Friday.

(c) The noises of safety signals, warning devices, emergency pressure-relief valves, or other emergency warning signals.

(d) Bells or chimes from a church or other place of worship.

D. Vibration.

(1) Method of measurement. For the purpose of measuring vibration, a three-component measuring system adopted by resolution of the Town Board shall be employed.

(2) Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:

	Vibration Displacement
	Frequency (cycles per second)	Steady-State (inches)	Impact (inches)
	Under 10	0.0005	0.0010
	10 to 19	0.0004	0.0008
	20 to 29	0.0003	0.0006
	30 to 39	0.0002	0.0004
	40 and over	0.0001	0.0002

E. Smoke, dust, and other atmospheric pollutants.

(1) General control. The emission of smoke and other particulate matter shall not be permitted in violation of applicable regulations of the New York State Department of Environmental Conservation (DEC), including but not limited to 6 NYCRR Part 201. Pollutants that are not regulated by DEC shall not be emitted if they pose a substantial risk to public health, safety, or welfare.

(2) Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA Methods 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.

(3) Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas, or other atmospheric pollutant, except as authorized by a permit granted pursuant to applicable state and federal regulations. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.

(4) Maximum permitted emission of dust.

(a) The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per 1,000 pounds of flue gas adjusted to 50% excess air for combustion.

(b) There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.

(c) Properties shall be suitably improved and maintained with appropriate landscaping, paving, or other materials to minimize windblown dust and other particulate matter.

F. Odor. No land use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is conducted.

G. Toxic or noxious matter. No use shall be permitted which will cause the release of toxic or noxious fumes or other matter outside the building in which the use is conducted.

H. Radiation. The handling, storage, or disposal of radioactive materials or waste by-products shall be conducted strictly in accordance with applicable federal and state standards.

I. Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area, unless federal or state regulation requires such operation to be permitted.

J. Fire and explosion hazard. All activities involving the use or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, with adequate fire-fighting and fire suppression equipment and devices standard in the industry. Such activities shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code, [1]DEC regulations, and the National Fire Protective Association (NFPA) Code. Copies of forms filed with the Putnam County Emergency Response Agency shall also be filed with the Zoning Administrative Officer.

[1] Editor's Note: See Ch. 62, Building Construction and Fire Prevention.

K. Heat. There shall be no emission of heat which would cause an air temperature increase in excess of 1° F. along any adjoining lot line.

L. Exterior illumination and glare. The location, height, design, direction and brightness of outdoor illumination (area lighting, floodlighting and illumination of signs) shall be arranged and maintained as follows:

(1) Exterior lighting shall be the minimum needed to provide sufficient illumination for safety, convenience and security. No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. All exterior lighting, including security lighting, in connection with all buildings, signs, or other uses shall be directed away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.

(2) Exterior lighting fixtures shall be shielded and directed downward to prevent light from shining directly onto neighboring properties or public ways or upward into the night sky. Parabolic aluminized reflector (PAR) lamps and wall pack lighting shall be prohibited. Floodlights, when used, shall be shielded or baffled so that they illuminate only the object intended to be lighted. Lighting shall not result in discomfort glare or disability veiling glare in any street, walkway, or vehicular parking, loading and circulation area, whether on the lot where the lighting is located or on any other lot.

(3) Lighting within parking lots shall be on poles of 12 feet maximum height, with color-corrected lamps and full cutoff luminaires designed to minimize glare and light pollution. Design of poles and luminaires shall be compatible with the style of the architecture and adjoining streetscape treatment. Walkways leading from parking lots shall be lit with bollard lighting and indirect illumination of buildings and vegetation.

(4) All lighting above 2,000 lumens shall be restricted to full cutoff luminaires.

(5) Gasoline pump canopy lights shall be fully recessed.

(6) Light standards shall not exceed 20 feet in height.

(7) Trespass lighting to other lots, especially from commercial projects into residential areas, shall be prohibited.

M. Liquid and solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws, and regulations of the Putnam County Health Department, New York State Department of Environmental Conservation, or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

N. Traffic. For the purpose of preventing congestion in the streets, promoting the safe and efficient use of public transportation, protecting air quality, promoting fuel conservation, and otherwise protecting the public health, safety, and welfare, the following specific traffic standards are hereby established to serve as a guide for Town officials and agencies in the review of applications for development approvals:

(1) The proponent of any development shall provide the Planning Board with information pertaining to potential traffic generation. If the Planning Board determines that it is necessary, the Planning Board may require the submission of a traffic impact study (TIS) prepared by a qualified traffic engineer.

(a) The TIS shall evaluate potential impacts to roadway and intersection operating conditions at locations and peak hours to be determined by the reviewing agency.

(b) The latest available version of the Highway Capacity Manual and/or Highway Capacity Software shall be used to conduct the TIS.

(c) The TIS shall be based on traffic volume data not more than three years old.

(d) Significant adverse traffic impacts requiring project mitigation shall be defined as any of the following occurring within the first year of operation of full build-out of the proposed project or, in the case of phased construction, during the first year of operation of each phase for which approval is sought:

[1] Any reduction in level of service (LOS) to less than LOS D at a street intersection that operates at LOS D or better without the proposed project.

[2] Any increase in delay times for intersections operating at LOS E or below.

[3] Introduction of new traffic volumes that will cause the overall volume of the roadway to exceed the design capacity of the mainline (nonintersection) highway sections within the TIS study area.

(e) If the outcomes listed in Subsection N(1)(d) above would occur in any case due to other planned projects or background growth in the area that would affect that intersection or roadway segment, then the proposed project may be approved, provided that adequate mitigation plans are made to ensure safe and efficient operating conditions at the affected intersection(s).

(2) Any development application for which a TIS is not submitted shall provide sufficient information to ensure safe entering and exiting conditions (e.g., sight distance, driveway width, and grade) at all proposed ingress and egress points.

(3) In projecting future levels of service and the capacity of mainline highway sections, accepted traffic engineering procedures, as determined satisfactory by the Planning Board, shall be utilized, using the following requirements as a guide:

(a) Base-year traffic conditions, including peak-hour traffic volumes and turning movements, must be documented either through direct field surveys or from other available current data sources.

(b) Projected volumes must include estimated traffic generation from the proposed development during peak hours of on-site traffic activity as well as peak hours of street system activity.

(c) Daily trip generation estimates must be provided. Information published by the Institute of Transportation Engineers (ITE) will generally be relied upon as a basis for estimating trip generation, although the Planning Board may allow or require a departure from the use of specific ITE averages where the Board determines that such departure is warranted by unique characteristics which may be present in the proposed project.

(d) Allowance shall also be made for traffic which is expected to be generated by other projects already approved or under construction within the Town or within neighboring communities, as well as an additional allowance for general regional traffic volume changes.

(e) Estimated traffic generation must be distributed throughout the access network in accordance with clearly stated distribution assumptions determined acceptable by the Planning Board.

(f) The capacity analysis of the intersections or mainline highway section roadway system shall be calculated both with and without site-generated traffic. In analyzing such capacity, the applicant shall use methods generally recognized by national authorities, such as the Transportation Research Board of the National Academy of Sciences, and/or methods accepted by the New York State Department of Transportation. Traffic capacity estimates may take into account improvements planned by the applicant or by others, provided that, in either case, a specific commitment to construct such improvements has been made.

(g) In determining overall intersection level of service at signalized intersections, optimum practical signal timing may be assumed. Overall intersection level of service shall be determined, for both signalized and unsignalized intersections, based upon a volume-weighted average of each intersection approach level of service.

(h) Where a mixed-use pedestrian-oriented project is planned using traditional neighborhood development (TND) design principles, the analysis shall take into account trip reduction and internal capture of trips within the development attributable to such TND design.

O. Review procedures. As a part of site plan review of an application for the establishment of a use which, in the Planning Board's judgment, could have potentially objectionable external aspects and therefore be subject to these performance standards, the Planning Board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will comply with these standards.

§ 175-41 Home occupations.

A. Purpose and intent. The conduct of small-scale low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:

(1) Ensure the compatibility of home occupations with other uses;

(2) Maintain and preserve the rural and historic character of the Town; and

(3) Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.

B. Criteria and standards.

(1) Home occupation as use permitted by right. Home occupations shall be permitted uses if they are in compliance with the following criteria and standards:

(a) The home occupation may be conducted only by residents of the dwelling unit plus no more than one nonresident assistant or employee at any one time. A home occupation may be conducted within a dwelling unit and/or within accessory structures. An area no larger than 30% of the floor space of the primary dwelling unit may be occupied by home occupations, up to a maximum of 1,000 square feet, including screened exterior storage space.

(b) A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood.

(c) Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed three square feet.

(d) Parking shall be adequate for nonresident employees and customers or clients. A maximum of one business vehicle of up to 24,000 pounds gross vehicle weight may be parked regularly in a location visible from a public road or neighboring properties.

(e) Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use, unless the residence is located on New York State Route 9.

(f) There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties by buildings, vegetation, natural topography, or fencing that complies with § 175-15I (if applicable).

(g) No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited. No hazardous materials, such as oil, propane, gasoline and other toxic chemicals, shall be used or stored on the property in quantities that may pose a threat to public health or safety.

(h) More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies these criteria and standards.

(2) Home occupation by special permit.

(a) A home occupation occupying an area greater than that permitted in Subsection (B)(1)(a) above or employing more than one nonresident employee may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as all other criteria and standards in Subsections (B)(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by home occupations allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet, including screened exterior storage space.

(b) A special permit granted for a home occupation shall include a condition requiring the operator to obtain an annual operating permit from the Zoning Administrative Officer at a fee of $75 per year or such other amount as may be established by resolution of the Town Board, beginning in the second year of operation. Such operating permit shall be granted after the Zoning Administrative Officer inspects the premises and finds the home occupation to be in compliance with all conditions of the special permit.

§ 175-42 (Reserved)

§ 175-43 Driveways and drive-up windows.

A. New driveway entrances (including the conversion of farm roads into residential or commercial driveway entrances) shall require permission from the Town Superintendent of Highways for Town roads, the Putnam County Department of Public Works for county roads, or the New York State Department of Transportation for state roads.

B. Drive-up windows shall require site plan review. Street access points and queueing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.

C. Drive-up windows shall be permitted only in the HC District.

D. Restaurant drive-up or drive-through windows shall be prohibited.

§ 175-44 Mobile home and construction trailer regulations.

A. Mobile home parks.

(1) New mobile home parks shall be permitted only within mapped MHO Districts.

(2) Existing mobile home parks not located in an MHO District may be continued as provided in Article VI and new mobile homes may be installed pursuant to plans approved before the enactment of this § 175-44. The expansion of an existing mobile home park shall be allowed by special permit provided that the mobile home park is included in a mapped MHO District.

(3) New mobile home parks may be permitted in the MHO District provided that they obtain a special permit from the Planning Board and fully comply with all standards for conservation subdivisions, except as follows:

(a) The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 175-20B, using three dwelling units per acre as the maximum allowable density.

(b) The minimum protected open space shall be 30%.

(c) The development shall provide playground and recreational facilities for the use of residents.

(d) The maximum number of mobile homes in any mobile home park shall be 60.

(e) The minimum parcel size shall be 10 acres.

(f) All mobile homes shall be screened from view from public roads and other publicly accessible land.

(g) All mobile homes shall be set back at least 100 feet from property lines.

(4) All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. If the mobile home park will involve the creation of separate lots, the Town of Philipstown Subdivision Law (Chapter 112, Land Development, Part 1, Subdivision of Land) shall apply.

B. Individual mobile homes outside of mobile home parks.

(1) Individual mobile homes permanently located outside of mobile home parks shall be prohibited, except in connection with farm operations as provided in Subsection E.

(2) Nonconforming mobile homes may be replaced by mobile homes that comply with currently applicable federal and state building standards.

C. Temporary mobile homes. An owner of land located within the Town of Philipstown and who intends in good faith to construct a dwelling thereon for his or her own occupancy, may be granted a permit to place a mobile home on such land during the construction of the dwelling not to exceed a period of one year. A mobile home may also be temporarily placed on any lot for a period not to exceed one year in the event of major damage to or destruction of a dwelling located on such lot. To the extent practicable, such temporary mobile homes shall comply with the provisions of this section, except that such homes may be installed without permanent footings. After one year, the Zoning Administrative Officer shall send notice to remove the temporary mobile home or to apply for an extension not to exceed one additional year in the event that construction, repair, or reconstruction of the residence has not been completed. No further extension shall be granted, unless the Planning Board, after an examination of the facts and after providing the applicant an opportunity to be heard, may, upon finding a hardship or extenuating circumstances, grant a further extension of the permit if denial would create a hardship. No certificate of occupancy for the new dwelling shall be issued until the temporary mobile home has been removed.

D. Construction and storage trailers.

(1) Construction trailers may be placed temporarily (without permanent footings) on construction sites for a period not to exceed one year, if allowed pursuant to a special permit, site plan, variance, or subdivision approval. Extensions for good cause may be granted by the reviewing board. Such trailers may be used for office, storage, or workshop space, and shall not be used for residential purposes.

(2) No trailer shall be used as a permanent storage facility. Trailers used for temporary storage in connection with a business use shall be removed within one year of their installation. Storage trailers in existence at the time of adoption of this provision may continue for more than one year, provided that once they have been removed, any replacement trailer shall be limited to one year.

E. Farm operations. Mobile homes shall be permitted by right on farm operations, provided that they comply with all state and federal standards and satisfy all applicable health regulations. Such mobile homes shall be located within the boundaries of the farm parcel, subject to the following conditions:

(1) The mobile home shall be used exclusively for the housing of farm employees and the immediate family of such employees.

(2) Such employees shall be regularly and gainfully employed in the occupation of the applicant farmer and derive the majority of their annual income from employment in agricultural operations on the farm.

(3) The mobile home(s) shall be placed in such a manner and/or position or location that observation by adjoining property owners will be minimized.

(4) If the mobile home is not occupied by persons who qualify under Subsection E(1) and (2) above, the mobile home shall be removed from the premises.

F. Existing mobile homes in any location may be replaced by newer mobile homes in the same location.

[Added 10-3-2013 by L.L. No. 6-2013]

§ 175-45 Camps.

Camps, as defined in § 175-74, shall comply with applicable height and impervious surface coverage requirements for the district in which they are located, but shall not be subject to any residential density calculation. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback shall be established pursuant to Chapter 93 of the Town Code. Camps which qualify as institutional uses shall be regulated as such and day camps shall be regulated as educational uses (see definition of "camp").

§ 175-46 Communications towers.

A. Purpose. The purpose of this section is to promote the health, safety, and general welfare of the residents of the Town of Philipstown; to preserve the scenic, historic, natural, and man-made character and appearance of the Town while simultaneously providing standards for the safe provision, monitoring, and removal of wireless telecommunications consistent with applicable federal and state regulations; to minimize the total number of communications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; to minimize adverse visual effects from communications towers by requiring careful siting and configuration, visual impact assessment, and appropriate landscaping; to provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate, or modify communications towers; and to encourage camouflaging of communications towers.

B. Permit regulations.

(1) Conformance with regulations; governing provisions.

(a) No communications tower, except those approved prior to the effective date of this chapter, shall be constructed, maintained, or used unless in conformity with these regulations and this chapter.

(b) No communications tower shall hereafter be erected, moved, reconstructed, expanded, changed, or structurally altered unless in conformity with these regulations and this chapter.

(2) The location or collocation of communication equipment on an approved communications tower or a tall structure on property within OC and M Zoning Districts is a permitted use subject to the issuance of a building permit, provided that the Zoning Administrative Officer determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%, increase the original approved number of antennas by more than 50%, or increase the original approved square footage of accessory buildings by more than 200 square feet and add new or additional microwave antenna dishes, and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area. If the Zoning Administrative Officer cannot make these findings, site plan approval will be required from the Zoning Board of Appeals in accordance with Article IX, and the Zoning Administrative Officer shall refer the matter to the Zoning Board of Appeals where the application will be subject to the terms and conditions specified in Subsections F through T below as part of the site plan review process.

(3) New communications tower construction within OC and M Zoning Districts is subject to obtaining a special permit from the Zoning Board of Appeals pursuant to Subsection F and Article IX. Such construction and collocation shall also comply with the requirements set forth in Subsections F through T below, as determined by the Zoning Board of Appeals as part of the special permit process.

(4) New communications tower construction or the location or collocation of communication equipment on an approved communications tower or tall structure within the RC, RR, HR, HM, HC, SR, and IC Zoning Districts is subject to obtaining a special use permit from the Zoning Board of Appeals in accordance with Subsection F and Article IX. Such construction and collocation shall also comply with the requirements set forth in Subsections F through T below, as determined by the Zoning Board of Appeals as part of the special permit process.

(5) Applications for construction of communications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a communications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77, Subpart C, Obstruction Standards.

C. Collocation use of tall structures or communications towers. At all times, shared use of tall structures and existing or approved communications towers in accordance with Subsection B(2) above shall be preferred to the construction of new communications towers.

(1) Applications pursuant to Subsection B(2) shall be made to the Zoning Administrative Officer and shall include the following:

(a) A completed application for a building permit.

(b) Documentation of consent from the owner of the existing facility to allow shared use.

(c) A site plan in accordance with Article IX. The site plan shall also show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.

(d) An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure, and explaining what modifications, if any, will be required in order to certify to the above.

(e) A completed environmental assessment form (EAF) and a completed visual EAF addendum.

(f) A copy of applicable Federal Communications Commission (FCC) license.

(2) If the Zoning Administrative Officer determines that the application is complete in accordance with Subsection C(1), and provided that the Zoning Administrative Officer determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%, increase the original approved number of antennas by more than 50%, increase the original approved square footage of accessory buildings by more than 200 square feet, or add new or additional microwave antenna dishes, and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area, then a building permit shall be issued; otherwise, site plan approval will be required from the Zoning Board of Appeals in accordance with Article IX. Such application will be subject to the terms and conditions specified in Subsections F through T below as part of the site plan review process. The Zoning Board of Appeals shall conduct a public hearing and process the application pursuant to this section, the New York State Environmental Quality Review Act (SEQR) and other applicable laws. If the Board concludes that the application complies with this section, all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.

D. New communications towers pursuant to Subsection B(3) or (4). The Zoning Board of Appeals may consider a request to locate a new communications tower if the applicant can demonstrate that shared use of existing tall structures and existing or approved communications towers or communications tower sites is undesirable due to structural deficiencies, documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement, documented evidence that the site will not work from a technological aspect, or that the applicant's proposed location or collocation on the site would have an adverse impact on the surrounding area. An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), ground elevation above sea level, height of the structure and/or tower, and accessory buildings on the site of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower as well as documentation of the physical, technical, and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. The report shall include the following information to permit the Zoning Board of Appeals to evaluate the need for the new communications tower site:

(1) Information establishing the present need for the proposed tower. Special permits are to be based on actual need and not on speculation of future needs.

(2) Radial plots depicting the anticipated radio frequency coverage for the proposed site.

(3) Radial plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.

(4) The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.). A copy of a current FCC license that authorizes the applicant to provide service is required.

(5) The type, manufacturer, and model number of the proposed tower.

(6) The height of the proposed tower, including the height of any antenna structure above the supporting structure of the tower.

(7) The number of proposed antennas, and the type, manufacturer, model number, dB gain, size, and orientation on the proposed tower for each.

(8) Such other information as may be deemed necessary by the Board in order to make a thorough evaluation of the applicant's proposal.

E. New towers; future shared use. Applicants shall design proposed new communications towers to accommodate future demand for reception and transmitting facilities. The site shall be designed for the maximum foreseeable possible number of users, with sufficient ground area set aside for accessory structures, landscaping, and screening of the site at full build-out. Applications for new communications towers shall include an agreement committing the owner of the proposed new communications tower, and its successors in interest, to negotiate in good faith for shared use of said tower by other providers of communications in the future. This agreement shall be filed with the Zoning Administrative Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of the special permit. The agreement shall commit the communications tower owner and lessee and its successors in interest to:

(1) Respond within 45 days to a request for information from a potential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of the communications tower by other providers of communications.

(3) Allow shared use of the communications tower if another provider of communications agrees in writing to pay reasonable charges. The charge may include but not be limited to a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation as well as all of the costs of adapting the tower or equipment to accommodate shared use without causing electromagnetic interference.

F. Site plan/special permit review; submission requirements.

(1) Site plan applications.

(a) Applications to the Zoning Board of Appeals for site plan approval shall include a site plan in accordance with Article IX. In addition, the site plan shall show all existing and proposed structures and improvements including road, buildings, tower(s), guy wires and anchors, antennas, parking, and landscaping and shall include grading plans and drainage plans for new facilities and roads.

(b) Supporting documentation. The applicant shall submit a completed long form environmental assessment form (EAF), a complete visual environmental assessment form (visual EAF addendum) and documentation on the proposed extent and capacity of use as well as supporting the need for the requested height of any tower and for any clearing required. The applicant shall also submit a copy of its FCC license.

(2) Special permit applications. Applications to the Zoning Board of Appeals (ZBA) for a special permit shall be made in accordance with Article IX and shall include the following:

(a) Where shared use of tall structures or existing or approved communications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new communications tower on property occupied by an existing communications tower in accordance with Subsection D above. In such case the ZBA may allow more than one tower on a lot. Any proposal for a new communications tower on an existing communications tower site shall also be subject to the requirements of Subsections F through T.

(b) The ZBA may consider a new communications tower on a site not previously developed with a communications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection D above, and when the ZBA determines that shared use of an existing communications tower site for a new communications tower is undesirable based upon the investigation in accordance with Subsection F(2)(a) above. Any proposal for a new communications tower shall also be subject to the requirements of Subsections F through T below.

(c) The ZBA may require an applicant to submit information and documentation indicating and identifying areas within the Town where communication coverage by the applicant remains unsatisfactory. Applicants may be required to provide sufficient information to the Town so as to clearly identify and describe the applicant's communications coverage master plan or siting and/or communication coverage plan.

(d) The ZBA may require the applicant to submit to the Town a qualified engineer's report regarding nonionizing electromagnetic radiation for the proposed site. Such report will provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. Additionally, the engineer's report will comply with FCC reporting criteria, as amended, for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report must indicate whether or not the proposed communications tower will comply with FCC emission standards.

(3) The ZBA may require the applicant to perform emission tests every six months and report the findings to the Zoning Administrative Officer. The results of the emission test shall be reported to the Zoning Administrative Officer within 30 days of the test being completed. At the time of the emissions tests a complete safety inspection of the communications tower shall be conducted. The results of that safety inspection shall also be reported to the Zoning Administrative Officer within 30 days of its completion. The safety inspection shall consist of but may not be limited to an inspection of the condition of the tower, its supports, foundations, anchor bolts, coaxial cable, cable supports, ice shields, cable trays, guy wires and antennas affixed to the tower. Other aspects of the inspection shall include inspection for fire, electrical, natural and other man-made hazards that could pose a potential hazard to the communications tower site or the surrounding area. Unsafe conditions shall be corrected immediately by the applicant.

(4) The maximum review period for applications for communications towers and collocation of equipment shall comply with applicable FCC requirements.

G. Lot size and setbacks. Each proposed communications tower and accessory structure shall be located on a single lot and shall comply with applicable setback requirements. Adequate measures shall be taken to contain on-site all ice-fall or debris from tower failure and preserve the privacy of any adjoining residential properties.

(1) Each lot containing a communications tower shall meet the minimum lot size and road frontage requirements for conventional subdivision lots specified in § 175-11 (Dimensional Table)[1] as well as such additional land as may be necessary to meet the setback requirements of this section.

[1] Editor's Note: The Dimensional Table is included at the end of this chapter.

(2) Communications towers shall comply with the following minimum setback requirements within the OC, HC, and M Zoning Districts:

(a) Route 9 street line: height of tower.

(b) Center line of Route 9: height of tower plus 50 feet.

(c) Other street line: height of tower.

(d) Side and rear lines: half the height of tower.

(e) Setback from adjoining residential zoning district: height of tower.

(3) The setback requirements for communications towers located within the RC, RR, HR, HM, HC, SR, and IC Zoning Districts shall be 150 feet from side and rear lot lines or half the height of the communications tower, whichever is greater. The minimum front setbacks shall be:

(a) Route 9 street line: height of tower.

(b) Center line of Route 9: height of tower plus 50 feet.

(c) Other street line: 150 feet.

H. Visual impact assessment. The reviewing board may require the applicant to undertake a visual impact assessment which may include:

(1) A zone of visibility map to determine locations from which the communications tower may be seen.

(2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to public, and from any other location where the communications tower is visible to a large number of visitors, travelers, or persons. The reviewing board shall determine the appropriate key sites at a presubmission conference with the applicant.

(3) Assessment of alternative communications tower designs and color schemes, described in Subsection I.

(4) Assessment of the visual impact of the communications tower base, guy wires, accessory buildings, and overhead utility lines from abutting properties and streets.

I. New tower design. Alternative designs shall be considered for new communications towers, including lattice and single-pole structures. The design of a proposed new communications tower shall comply with the following:

(1) Any new communications tower shall be designed to accommodate future shared use by other providers of communications.

(2) Unless specifically required by other regulations, a communications tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

(3) Notwithstanding the height restrictions listed elsewhere in this chapter, the maximum height of any new communications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation.

(4) The height of a communications tower in OC, HC, and M Zoning Districts shall not exceed 195 feet above ground elevation. The height of a communications tower within the RC, RR, HR, HM, HC, SR, and IC Zoning Districts shall not exceed 110 feet above ground elevation.

(5) The ZBA may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, shall be the responsibility of the applicant, and shall be deposited with the Town as provided in § 71-3 of the Town Code.

(6) Design of accessory structures; camouflage communications towers.

(a) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the natural surroundings. The use of camouflage communications towers may be required by the Zoning Board of Appeals to further blend the communications tower and/or its accessory structures into the natural surroundings. "Camouflage" is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures, or other similar structures.

(b) Accessory structures shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

(7) No portion of any communications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, and streamers, except the following. A sign no greater than two square feet indicating the name of the facility owner(s) and twenty-four-hour emergency telephone shall be posted adjacent to any entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town.

(8) Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways.

J. Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this section prior to the approval of the special use permit.

K. Screening. Deciduous or evergreen tree plantings may be required to screen portions of the communications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site adjoins a residential property or public property, including streets, screening shall be required. The applicant shall demonstrate to the reviewing board that adequate measures have been taken to screen and abate site noises such as heating, ventilating, air conditioners, and emergency power generators. Communications towers shall comply with § 175-40, Environmental performance standards, including § 175-40C, regarding noise standards and control.

L. Lighting. Communications towers shall comply with § 175-40L, regarding lighting. These standards shall apply to the lighting of the area subject to the application and are not applicable to Federal Aviation Administration (FAA)/FCC required lighting of the communications tower.

M. Access.

(1) Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting to the top 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.

(2) To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of communications providers that might use the facility.

N. Parking. Parking shall be provided to assure adequate emergency and service access. The Zoning Board of Appeals shall determine the number of required spaces, but in no case shall the number of parking spaces be less than two spaces.

O. Fencing. The communications tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the reviewing board. This requirement may be waived by the reviewing board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

P. Removal and repair.

(1) The applicant shall submit to the reviewing board an agreement committing the property owner, communications tower owner, lessee, and their successors in interest to keep the tower and accessory structures in good order and repair and in compliance with any approval, and to notify the Zoning Administrative Officer within 60 days of the discontinuance of use of the tower for its original or any other purpose. This agreement shall be filed with the Zoning Administrative Officer prior to the issuance of a building permit under this chapter. At anytime after 120 days of receiving this notice, the Zoning Administrative Officer may require removal of the obsolete, unnecessary, or unused communications towers and associated accessory structures or such towers or structures no longer needed for their original purpose by sending a notice to the property owner, tower owner, and any lessee to remove the same. The property owner, tower owner, and any lessee shall remove such towers and/or accessory structures within 45 days of receipt of the notice from the Zoning Administrative Officer.

(2) Failure to notify and/or to remove the obsolete, unnecessary, or unused tower in accordance with these regulations shall be a violation of this chapter and shall be enforceable according to § 175-57, including all of the remedies set forth therein.

Q. Intermunicipal notification for new towers. In order to keep neighboring municipalities informed and to facilitate consideration of an existing tall structure or existing communications tower in a neighboring municipality for shared use, and to assist in the continued development of the county emergency service communications system, the reviewing board shall require that an applicant who proposes a new communications tower shall notify in writing the legislative body of each municipality that borders the Town of Philipstown and the Director of Emergency Management of Putnam County. Notification shall include the exact location of the proposed tower and general description of the project, including but not limited to height of the tower and capacity for future use.

R. Notification of nearby landowners. Notice of any public hearing shall be mailed by the applicant directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new communications tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed by the applicant. The applicant shall file adequate proof that the provisions of this subsection were carried out.

S. Proof of insurance. The applicant and the owner of the property where the communications tower is to be located shall provide the Town Clerk with proof of liability insurance in the amount not less than $3,000,000 to cover potential personal injury and property damage associated with construction and operation, with the Town named as an additional insured.

T. Financial security. The applicant shall, as a condition of final approval, provide the Town with financial security acceptable to the Town sufficient to provide for the removal or repair of the tower as described in Subsection P above. Acceptable financial security includes but is not limited to irrevocable bank letters of credit, escrow accounts, and bonds issued by insurance companies.

§ 175-47 Timber harvesting.

See Chapter 159 of the Philipstown Town Code.

§ 175-48 Adult entertainment uses.

A. Purpose.

(1) The Town hereby finds that certain uses of property, by their nature, have serious objectionable operational characteristics which can lead to a significant impact on the surrounding community. The purpose of this section is to prevent the unrestricted proliferation of such uses and to ensure that the effects of such uses will not adversely affect the health, safety, and economic well-being of the community by enacting criteria for the establishment of adult entertainment uses.

(2) The unrestrained proliferation and inappropriate location of such businesses is inconsistent with existing development and future plans for the Town of Philipstown in that such businesses often result in influences on the community which increase the crime rate and undermine the economic, moral, and social welfare of the community. The deleterious effects of these businesses change the economic, moral, and social character of the existing business, community, and family life. Special regulation of these uses is necessary to ensure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhoods and land uses.

(3) In order to restrict the accessibility of such businesses to minors and ensure that they will not adversely affect the health, safety, and economic well-being of the community, the Town Board of the Town of Philipstown finds it in the public interest to enact these standards to regulate the placement, construction, and permitting of adult entertainment use businesses in the Town of Philipstown.

B. Definitions. For purposes of this § 175-48, the following terms will have the following meanings:

ADULT BOOKSTORE

An establishment, whether retail or wholesale, having a substantial or significant portion of its stock-in-trade in books, magazines, video cassettes, or other periodicals, for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified sexual anatomical areas as defined in this section.

ADULT ENTERTAINMENT CABARET

A public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators, exotic dancers, or other similar entertainments.

ADULT ENTERTAINMENT USE

Any use constituting an adult bookstore, adult motion-picture theater, adult motel, adult entertainment cabaret, or adult massage establishment as those terms are defined herein.

ADULT MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of any massage therapist or health care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which the massages are administered only to the scalp, the face, the neck, or the shoulders. This definition shall not include a volunteer ambulance, fire, or rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, or athletic facilities or facilities for the welfare of the residents of the Town.

ADULT MOTEL

A hotel, motel, or similar commercial establishment which:

(1) Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(2) Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than 10 hours.

ADULT MOTION PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to specified sexual activities or sexual anatomical areas for observation by patrons.

MASSAGE

A method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument.

MASSAGE TECHNICIAN

Any individual who administers a massage to another individual at an adult massage establishment. This definition shall not include any massage therapist or other health-care practitioner duly licensed by the State of New York.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic region, or pubic hair; or

(b) Buttocks; or

(c) Female breast or breasts below a point immediately above the top of the areola; or

(d) Any combination of the foregoing; or

(2) Human male genitals in a discernibly erect state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Any one or more of the following:

(1) Human genitals in a discernible state of sexual stimulation or arousal.

(2) Acts of human masturbation, sexual intercourse, or sodomy.

C. Application for special permit for adult entertainment uses.

(1) In accordance with the procedures, standards, and conditions herein specified, the Town Board may grant a special permit for the establishment of an adult entertainment use where allowed by the Use Table.[1] All requirements of this section are in addition to other requirements applicable in the district in which the special permit use is to be located.

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

(2) Application for a special permit under this section shall be submitted to the Town Clerk in the same manner that an application for a special permit would otherwise be submitted to the Planning Board pursuant to § 175-62. All adult entertainment uses shall be reviewed as major projects following the procedures in § 175-62.

(3) Upon receipt of a complete application for a special permit under this section, the Town Clerk shall transmit the application and accompanying plans to the Town Board. In addition to the procedural requirements in § 175-62, all applications for a special use permit under this section shall be referred by the Town Board to the Philipstown Planning Board for a report thereon prior to the public hearing. If the Planning Board does not submit its report prior to the public hearing, its right to comment shall be deemed to be waived.

D. Standards and conditions for approval. The Town Board may approve the application for a special permit under this section if it finds that the proposed special permit use, the proposed site plan, and the proposed buildings and structures will conform to the following general and special standards and conditions:

(1) Standard criteria. Such use, site plan, and buildings and structures shall conform to the standards and conditions set forth in § 175-63B.

(2) Any adult entertainment use shall be located within an enclosed building, and no more than one adult entertainment use shall be located or permitted on any lot.

(3) The proposed use shall meet all other requirements of this chapter, of other ordinances and local laws of the Town of Philipstown, and of other requirements and laws of any other applicable government or agency.

(4) It shall be a condition of any special permit issued for an adult entertainment use that no person under the age of 18 years shall be permitted into the premises.

(5) The Town Board may impose such terms and conditions upon the issuance of any special permit hereunder as it deems appropriate to further the aims of this section, including but not limited to restrictions on advertising, outdoor displays, and the location of merchandise.

(6) Inspection requirements.

(a) Prior to the commencement of any adult entertainment use, or upon any transfer of ownership or control of the entity granted such special permit, the premises must be inspected and found to be in compliance with the New York State Uniform Building and Fire Prevention Code[2] and all other laws, rules, and regulations applicable thereto.

[2] Editor's Note: See Ch. 62, Building Construction and Fire Prevention.

(b) An applicant or permittee shall permit representatives of the Town or any other government or agency having jurisdiction thereof to inspect the premises containing an adult entertainment use for the purpose of ensuring compliance with applicable laws and requirements at any time it is occupied or open to the public or for business.

E. Revisions and extensions. Any revision of an approved special permit application and any reconstruction, enlargement, extension, moving, or structural alteration of an approved special permit use or any building, structure, or facility in connection therewith shall require submission of a special permit application as for the original application.

§ 175-49 Keeping of animals.

A. Maintenance of animals on residential properties. Animals kept on residential properties, not as part of a farm operation as defined in this chapter, shall be limited as follows:

(1) The amount of land required for keeping large animals shall be 40,000 square feet, allocated to the residence, plus 40,000 square feet per "large livestock unit" (LLU). One cow, horse, bison, pig, or similar large animal shall be considered one LLU. The following shall be considered as fractional LLUs:

(a) Deer, llama, alpaca: 1/2 LLU.

(b) Sheep, emu, ostrich: 1/4 LLU.

(c) Goat: 1/6 LLU.

(d) Other large animals: as determined appropriate by the Zoning Administrative Officer or the Zoning Board of Appeals.

(2) The number of small animals such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, and cats shall not exceed 10 on a lot of less than two acres. The number of dogs shall not exceed six on a lot of less than two acres. Pens for such animals shall not exceed 5,000 square feet or 10% of the lot area, whichever is greater. These requirements may be modified by the Planning Board by special permit as provided below.

(3) The Planning Board may issue a special permit for maintenance of animals in greater numbers or larger pens than the maximum set forth above, provided that the applicant meets all conditions and satisfies applicable special permit criteria, that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available or will be established, and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.

(4) Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.

(5) In maintaining animals on a property, no person shall knowingly interfere with the reasonable use and enjoyment of the property of others.

B. Kennels.

(1) No kennel as defined in § 175-74 shall be established within 300 feet of a side or rear property line or within 100 feet of a street line.

(2) The minimum lot area required to establish a kennel as defined in § 175-74 shall be five acres.

(3) This Subsection B does not prohibit or regulate the keeping of dogs as household pets, as permitted in Subsection A above.

§ 175-50 Solid waste facilities, industrial uses and soil processing.

A. Limitations on solid waste management facilities. Solid waste management facilities, as defined in Environmental Conservation Law §§ 27-0701 and 6 NYCRR 360-1.2(b)(158), with the sole exception of facilities owned and operated by the Town of Philipstown, are prohibited in the Town.

B. Processing of soil. The processing of soil, dirt, gravel, and rock, including rock crushing, is prohibited in the OC District, on lots of less than five acres in the M and SMO Districts, and in all zoning districts south of the intersection of East Mountain Road South and Route 9. Such processing is prohibited in all other land use and overlay districts.

C. Standards and enforcement. All industrial uses and municipal solid waste management facilities shall satisfy the following requirements:

(1) All operations, including loading and unloading, shall occur within fully enclosed buildings with an impervious floor system. Any leachate shall be collected in an impervious collection system and hauled off site for disposal as required by applicable laws. There shall be no outdoor storage of hazardous materials or of materials regulated under 6 NYCRR Part 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.

(2) No materials shall be disposed of into the ground, air, or into any watercourse, except pursuant to applicable permits and approvals issued by state and county health and environmental agencies.

(3) Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.

(4) The operation shall comply with all applicable provisions of this chapter, including the environmental performance standards in § 175-40 and the aquifer protection provisions in § 175-16 if the use is located within the Aquifer Overlay District.

(5) The applicant may be required to furnish a performance guarantee as determined to be appropriate by the Town. Such performance guarantee shall be in the form of an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town compliance with the standards in this Subsection C as well as with any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the estimated potential cost of remediation in case of a violation, as determined by an engineer retained by the Town.

(6) In addition to the requirements of Subsection C(5) above, the applicant may be required to pay annually into an environmental inspection fund in an amount sufficient to enable the Town to monitor the facility's performance and compliance with applicable standards using qualified technical experts.

§ 175-51 Junkyards and outdoor storage.

A. Junkyards. New junkyards are prohibited. See Chapter 107 of the Code of the Town of Philipstown for provisions on existing junkyards.

B. Outdoor storage of personal property.

(1) Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards, except where environmentally suitable and economically practical access to such yards is not feasible. No more than one motorboat or sailboat may be stored outdoors on any residential lot.

(2) Contractor's construction equipment and other heavy equipment with a gross vehicle weight of 4,000 pounds or more may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the M, HC, and OC Districts.

(3) Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 24,000 pounds gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. The Planning Board may allow larger vehicles by special permit. This provision shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from property lines of adjacent landowners.

(4) For outdoor storage requirements for business and industrial uses, see § 175-65D(5).

§ 175-52 Residential care facilities.

In addition to generally applicable special permit and site plan review requirements, the applicant shall comply with the following:

A. Supervision. Every residential care facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall have sufficient education and experience and shall be present in sufficient numbers to meet all standards of any agency responsible for the licensing or regulation of the residential care facility.

B. Other required approvals. An applicant for a residential care facility shall demonstrate compliance with all applicable regulations, standards, and licensing requirements of public or private agencies.

C. Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:

(1) A list of all agencies which must license or otherwise approve the establishment or operation of the facility.

(2) A list of regulations established by the public or private agencies listed in Subsection C(1) above.

(3) Copies of applications submitted to the agencies.

(4) A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.

(5) A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.

(6) A map identifying the location of all other residential care facilities in the Town of Philipstown at the time of the special permit application.

D. Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 175-63, make the following specific findings:

(1) That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.

(2) That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.

(3) That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.

(4) That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Philipstown or in the neighborhood of the proposed facility.

(5) That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.