Town of New Windsor, NY Supplementary Use Regulations

Editor’s Note: Former § 300-18, Senior citizen housing, was repealed 9-7-2016 by L.L. No. 2-2016.

§ 300-18.1 (Reserved) [1]

Editor’s Note: Former § 300-18.1, Totally affordable senior citizen housing, was repealed 9-7-2016 by L.L. No. 2-2016.

§ 300-18.2 (Reserved) [1]

Editor’s Note: Former § 300-18.2, Conversion of senior housing to market-rate multifamily housing, was repealed 9-7-2016 by L.L. No. 2-2016.

§ 300-19 Recreational uses.

Recreational uses listed below, whether in private or public ownership and other than accessory to single-family residential use, shall be subject to the following regulations.

Outdoor swimming pools shall be classified and located as follows:

Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
A	Over 3,500	175
B	2,501 to 3,500	150
C	1,501 to 2,500	125
D	1,500 to 800	100
E	800 or less	Refer to § 300-19F

All outdoor recreational facilities shall comply with the following minimum setback requirements:

[Amended 2-7-2018 by L.L. No. 1-2018]

	Type of Facility	Minimum Setback From Any Property Line (feet)
	Handball courts	100
	Basketball courts	60
	Baseball diamond (not outfield)	100
	Volleyball courts	60
	Concession stands	100
	Concentrated picnic areas (tables, barbecue pits, etc.)	100
	Outfield relative to baseball or softball	50
	Paintball	500
	Parking areas	25
	Picnic grounds (not improved)	50
	Games normally involving fewer than 10 people, such as horseshoe pits, nature trails, etc.	50
	Golf course fairways	50
	Soccer or football fields	50
	Tennis courts	40

Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line directed toward the center of property and shielded from any nearby residential areas shall be deemed to comply with the latter regulations.

Noise. Public address systems or any other amplified noises are subject to Planning Board approval and in no case shall cause a nuisance or exceed the levels specified under § 300-71. Public address systems or any other amplified noises are subject to separate permit of the Town Board.

Buildings. All structures shall be of a permanent nature.

Private swimming pools. Private swimming pools in residential zones are permitted subject to the following:

Such pool shall not be located in any required front yard, and in no case closer than 10 feet to any property line.

The entire portion of the premises upon which an in-ground pool is located shall be entirely enclosed with an opaque, chain-link wire or other sturdy fence not less than four feet in height.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use. Access shall be self-closing and self-latching to prevent accidental or unauthorized entry.

Such pool shall not occupy more than 35% of the balance of the rear yard area, after deducting the area of all private garages and other accessory buildings or structures.

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.

Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.

COMMERCIAL PRODUCTION STUDIOS

No swimming pool shall be filled or used until the foregoing requirements shall have been certified as met by the Code Enforcement Officer.

§ 300-20 Commercial production studios.

[Added 9-1-2021 by L.L. No. 5-2021[1]]

By special use permit authorization, commercial production studios, as defined below, shall be permitted in Neighborhood Commercial, Limited Commercial, Highway Commercial, and AP Zoning Districts, subject to those guidelines set forth below and/or in any applicable Table of Use/Bulk Regulations.

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

Any building, structure or facility to be used for planning, staging or production of a commercial motion picture, television show or program, documentary, advertisement or similar type marketing video or recording, social media production, or any other video or recording produced for commercial gain or distribution.

Application of special use permit regulations. In addition to all regulations set forth in the applicable Table of Use/Bulk Regulations and special use permit regulations, the following regulations for commercial production studios must be adhered to:

Noise. The maximum noise level at the property line applicable to the use involved shall not exceed the maximum established under § 300-71 of the Town Code. The Building Inspector, in his/her sole discretion, shall further have the authority to reevaluate the issue of noise after issuance of a special use permit containing what are believed to be adequate noise restrictions, paying particular attention to any noise complaints received from nearby property owners, and impose additional restrictions, such as soundproofing or prohibiting certain outdoor activities, if deemed necessary.

Lighting. In addition to the restrictions on lighting set forth in § 300-71 of the Town Code, no outdoor lighting shall be utilized by any permittee, or representative, agent, employee or tenant of same, which has received a special use permit for commercial production studios on a property that adjoins a residential property, after 9:00 p.m. Further and in addition to the restrictions on lighting set forth in § 300-71 of the Town Code, no outdoor lighting shall exceed 15 feet in height.

Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land or drainage and/or sewer collection system that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.

Traffic access. All proposed traffic accessways shall be adequate, but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections and other places of public assembly; and shall meet any other similar safety considerations, as deemed necessary

Traffic flow. If deemed necessary and practicable, any facilities on lots granted a special use permit for this particular use shall provide one-way vehicle traffic flow. Pedestrian circulation areas should, where practicable, avoid crossing traffic circulation ways. Drop-off areas shall be encouraged for temporary vehicular standing near any building entry, but, if such areas are provided, they shall be situated so as to avoid creating conflicts with entering and exiting traffic and with internal vehicular and pedestrian circulation.

Parking. Adequate off-street parking and loading spaces shall be provided in accordance with any directive issued by the Planning Board. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day.

No camper trailers, travel trailers, recreational vehicle trailers, or accommodations of any kind shall be offered or permitted for transient or overnight stays of any kind, on any property granted a special use permit for this particular use.

Landscaping and screening. All parking and service areas shall be reasonably screened, during all seasons of the year, from the view of adjacent residential lots and streets, and the general landscaping of the site should be in character with that generally prevailing in the neighborhood. All existing trees, on property to be granted a special use permit for this particular use, that are 12 inches or more in diameter at breast height (dbh), must be preserved to the maximum extent practical.

Any outdoor or recreational activities, activity areas, facilities, tents, canopies, or any other temporary structures set up on location at the site of the property granted a special use permit for commercial production studios must be set back at least 100 feet from any property line, said distance subject to further review by the Board issuing such special use permit, who may increase or decrease such setback as it deems fit, with the goal remaining to protect the health, safety, welfare and/or quiet enjoyment of neighboring property owners at all times.

Character and appearance. The character and appearance, buildings, structures, outdoor signs, and lighting of any property granted a special use permit for this particular proposed use shall be in general harmony with the character and appearance of the surrounding neighborhood, and shall not adversely affect the general welfare of Town residents.

Historic and natural resources. The use of any property granted a special use permit for this particular use shall be designed and carried out in a manner that minimizes any impact to and protects any historic and natural environmental features of the property granted the special use permit for this particular use, as well as any historic and natural environmental features of property adjacent thereto.

(12)

Sewage treatment and water supply. The adequacy of available sewage disposal and water supply services supporting any activities or uses on the property granted this special use permit shall be sufficient to meet the needs of same. This consideration should be given to both, but not be limited to, the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and the adequacy of measures to protect surface water and groundwater from pollution.

(13)

Size and scale. The location and size of the facilities on each lot subject to the special use permit granted for the particular commercial production studio at issue; the nature and intensity of operations involved or conducted in connection therewith; the site layout and its relation to any existing and known future access streets should be such that both pedestrian and vehicular traffic to and from the site(s), and the assembly of persons in connection therewith, will not be, in the sole discretion of the approving Board, hazardous, inconvenient to, incongruous with, or in conflict with the normal traffic of the neighborhood.

Editor’s Note: Former § 300-20, Workforce housing, was repealed 9-7-2016 by L.L. No. 2-2016.

§ 300-21 Watershed Protection Overlay District.

Purpose and intent of district.

To promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the Town from any use of land or buildings which may reduce the quality of its water resources.

The intent of the Watershed Protection Overlay (WPO) District is to limit the amount of impervious surface permitted within the district in order to control nonpoint source discharge and pollution. Cluster development within the WPO may be required at the discretion of the Planning Board.

Scope of authority. The Watershed Protection Overlay District is considered as overlaying other zoning districts. Uses not permitted in the portions of the districts so overlaid shall also be prohibited in this district.

Establishment and definition of district.

The Watershed Protection Overlay District includes all lands delineated by the boundaries of the drainage areas of the Silver Stream Reservoir and Lake Washington and within 100 feet of watercourses and surface water bodies which contribute to a public water supply, and which create the catchment or drainage areas of such watercourses and bodies, as part of their natural drainage system. The map defining the Watershed Protection Overlay District boundaries, entitled "Public Water Supply Watershed Boundary Maps, Town of New Windsor" drawn at a scale of one inch to 500 feet, are hereby adopted by the Town Board and are incorporated herein by reference.[1]

Editor's Note: The maps are on file in the Town offices.

Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner of the land in question to show where they should properly be located. If the property owner can prove, to the satisfaction of the Planning Board and the Town Engineer, that his property does not drain into waters supplying the watershed, then this district shall not apply. At the request of the owner, the Town may engage a geologist, hydrologist or other qualified professional to determine more accurately the location and extent of a watershed or recharge area, and may charge the owner for the cost of the investigation.

Prohibited uses. The following land uses, activities, devices, structures, and/or substances are prohibited within the Watershed Protection Overlay District:

Dry-cleaning establishments.

Junk and salvage yards, including recycling centers.

Car washes, except when located on public water and sewer and where water is recycled.

Boat and motor vehicle service, storage and repair establishments.

Any industrial use that discharges processed wastewater into anything other than the public sewer.

Commercial removal or relocation of earth materials, including but not limited to sand, gravel, topsoil, metallic ores, or bedrock, excluding such earthwork activities undertaken in accordance with a site plan approved by the Planning Board.

Any animal feedlots or pastures less than five acres in size lying within 100 feet of the center line of all brooks, streams and rivers or within 100 feet of the normal high-water line of lakes, ponds, marshes, swamps and bogs.

The storage of salt and road de-icing chemicals.

The outdoor storage of fertilizers, herbicides, and pesticides and outdoor uncovered storage of manure.

Burial in any cemetery or other place within 100 feet of the high-water mark of a course of public water supply or tributary thereto.

The disposal of solid wastes other than brush or stumps.

(12)

The disposal of leachable wastes.

(13)

The dumping of snow contaminated by de-icing chemicals.

(14)

The storage or disposal of hazardous materials, except for the storage of chemicals for use associated with the operation of public water supply facilities.

(15)

The storage and/or sale of petroleum and other hydrocarbons other than that normally associated with residential use, except for the storage of fuel for use associated with the operation of public water supply facilities. Heating oil shall be stored within the buildings which it will heat. Underground storage of any petroleum product is expressly prohibited.

(16)

Any discharge of water which has been used for washing, cooking or otherwise altered and devices for the collection, storage and disposal of said wastes, unless that water is of household origin and is processed, prior to discharge, through a treatment system that satisfies the minimum requirements of the New York State Department of Health.

(17)

Sanitary systems, including privy, dry well, or other place for the collection, storage or disposal of human excrement that does not satisfy the minimum requirements of the New York State Department of Health, including any amendments imposed by the Orange County Department of Health.

(18)

Storage or disposal of any human excrement or compost containing human excrement, or any municipal, commercial or industrial refuse or waste product or polluting liquid or any substance which in the opinion of the New York State DEC is of a nature that is poisonous or injurious either to human beings or animals, or other putrescible organic matter whatsoever, at any place from which such liquid or substance may flow or be washed or carried into said source of water supply or tributary thereto.

(19)

Manufacturing or processing plant producing wastes which are toxic or injurious either to human beings or animals, unless the location thereof has been expressly approved by the Town Board by special use permit.

Special permit uses. The Planning Board, under the authority of § 300-87 of this chapter, may allow those businesses permitted in the underlying district and not specifically prohibited in § 300-3 of this chapter within the Watershed Protection Overlay District, upon issuance of a special permit in accordance with § 300-87 hereof and subject to any additional conditions the Board may impose. Any proposed improvement at a minimum shall meet the following criteria:

Is consistent with the purpose and intent of this chapter.

Is appropriate to the natural topography, soils, and other characteristics of the site to be developed.

Will not have a significant adverse effect, during construction or thereafter, on the existing or potential quality or quantity of water that is available in the Water Supply Protection District; and

Is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed.

Application of fertilizers, pesticides and herbicides. For any use involving the application of fertilizers, pesticides, or herbicides, the applicant must prepare a report identifying and stating that all necessary precautions shall be taken to prevent hazardous concentrations of pesticides in the water and on the land within the district as a result of such application and submit it to the Planning Board. Such precautions include, but are not limited to, erosion-control techniques, the control of runoff water (or the use of pesticides having low solubility in water), the prevention of volatilization and redeposition of pesticides and the lateral displacement (i.e., wind drift) of pesticides. The application of fertilizers for nondomestic or nonagricultural uses will be approved only if the applicant can prove that such application shall be made in such manner as to minimize adverse impacts on surface and groundwater due to nutrient transport and deposition and sedimentation.

Existing development. Existing development may be continued and maintained subject to the provisions provided herein. The expansion of structures or modification of plans must meet the requirements of this chapter.

A use shall be considered existing if vested under the Town of New Windsor Zoning Code as of the effective date of this chapter, based on at least one of the following criteria:

Having an outstanding valid building permit in compliance with § 300-77.

Having a site specific or phased development plan that has received conditional final approval from the Planning Board in compliance with § 300-86.

Uses of land. This category consists of land uses existing at the time of adoption of this chapter. Such uses may be continued except as follows:

When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.

Such use of land shall be changed only to an allowed use.

When such use ceases for a period of two years, it shall not be reestablished.

Reconstruction. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, provided:

Repair or reconstruction is initiated within two years of such damage.

The total amount of space devoted to impervious area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

Nonresidential reconstruction requires site plan approval from the Planning Board to ensure the maximum compliance practicable with this section.

Buffer area requirements. The following buffer requirements for all new development activities in the Watershed Protection Overlay District shall apply:

A minimum one-hundred-foot undisturbed buffer is required along the shoreline of the Silver Stream Reservoir and Washington Lake; otherwise, a minimum fifty-foot undisturbed buffer is required. Buffers are measured horizontally from the high-water mark of impounded water bodies and/or from the top of bank of streams.

No trees larger than three inches in caliper DBH are to be removed from the required buffer except for diseased trees. The Town of New Windsor may require enhancement of the existing vegetation through the use of supplemental plantings in the buffer area, if necessary, to ensure that the buffer area can properly and effectively perform its filtering and absorption functions.

No permanent structures, impervious covers, septic tanks or any other disturbance of existing vegetation is permitted in the buffer except for:

Structures such as flagpoles, signs, and security lights which would result in only diminutive increases in impervious area.

Artificial stream bank or shoreline stabilization plans shall be submitted to and approved by the New Windsor Town Engineer.

Public projects such as road crossings and greenways where no practical alternative exists.

§ 300-22 Sandpits, gravel pits, removal of topsoil and landfill or excavations.

Sandpits, gravel pits, removal of topsoil, mining and landfill operations require site plan approval and special use permit from the Planning Board. Special conditions for such activities shall be as set by the Planning Board, in addition to the following:

The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.

There shall be no operation between 7:00 p.m. and 7:00 a.m. Monday through Friday, and 6:00 p.m. and 8:00 a.m. on Saturdays, nor on Sundays or legal holidays.

All such uses shall comply with Article X, Performance Standards.

Where any open excavation will have a depth of 10 feet or more and create a slope of more than 30°, there shall be a substantial fence, at least four feet high with suitable gates, where necessary, effectively blocking access to the area in which the excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses.

The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

Those portions of access roads within the area of the permit and located within 500 feet of a lot line or an excavation operation shall be provided with a dustless surface.

The top of the natural slope in cut for any excavation, and any mechanical equipment, shall not be less than 50 feet from any lot line.

Before approval is granted, a plan for rehabilitation, showing the current field topography, including the location of watercourses, and a proposed restoration grading plat, indicating the general grades and slopes to which the disturbed area will be graded, shall be submitted and approved. Such approval shall be based upon a finding that all banks shall be left with a slope no greater than 45° and that, upon completion of operations, the land shall be left in a safe condition with all grading and drainage such that natural stormwater leaves the property at the original, natural drainage points and that the area drainage to any one such point is not increased and that the site shall be left in a condition suitable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over all disturbed areas with a minimum depth of four inches. All disturbed areas shall be seeded with a permanent ground cover. Fill shall be of a suitable material approved by the Planning Board.

§ 300-23 Commercial dog or veterinary kennels (not including stables).

The harboring, boarding or training of animals, whether enclosed in a structure or on open land and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards:

In issuing the special permit for animal kennels, the permit shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed 10,000 square feet per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the lot area is that area of the lot not including any required yards.

All facilities shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line. Exercise pens and runways shall not be maintained within 200 feet of any lot line, nor within 300 feet of the front yard line when such line abuts a residential use or district.

In considering the application for a special permit for animal kennel use, the Planning Board may consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.

§ 300-24 Multiple-residence developments.

[Amended 9-7-2016 by L.L. No. 2-2016]

The following standards shall apply to multiple-residence developments, including condominiums, cooperatives and townhouses:

All multiple-residence developments shall be serviced by approved central sewage disposal facilities and a central water supply.

All access roads and internal roadways shall be constructed to meet and comply with the construction standards and details as outlined in Chapter 252 of the Town Code. The equivalent classification on the project roadway required shall be determined by the Planning Board following a recommendation from the Engineer for the Planning Board. In addition to determining the minimum construction standards for said projects, the Planning Board shall also determine the minimum construction standards for parking areas associated with the project. Entrances and exits shall comply with all applicable standards related to the public roadway being accessed.

No building shall be located within 100 feet of any pond, reservoir, lake or watercourse which is part of a water supply system.

Multiple-residence uses shall be buffered from surrounding conventional residence areas by landscaping and fencing areas occupying the required yards.

Multiple-dwelling structure design features.

No multiple-residence building shall be longer than 160 feet, unless the Planning Board grants a waiver to the length based on the submittal of supporting information, which demonstrates that the increased building length is appropriate for the specific conditions of the application site (in the Planning Board's sole opinion) and that the building is readily accessible to Fire Department and other emergency services. The waiver in no case shall exceed an increase in length by greater than 10% (maximum building length 176 feet). As part of the waiver, the Planning Board may require additional architectural features and offsets in addition to those referenced in Subsection E(2) and (3) hereinbelow.

No roofline of any structure will exceed 80 feet without a break of at least 5% of the building width.

No face of any multiple residence shall consist of less than two planes interrupted by a distance of at least 10% of the building width for each four units contained therein.

No structure shall be closer to an adjacent building than the height of the higher building wall. The distance between buildings shall be such that the northernmost building shall receive sun at the lowest window elevation of a dwelling unit for 46 weeks each year (sun angle computation).

Provisions shall be made for the enclosed storage of garbage.

For each two-bedroom or larger unit provided, one child play space (seat, apparatus or play space) shall be provided.

In addition to the standards for landscaping set forth in § 300-15, the grounds and vicinity of buildings shall be provided with decorative landscape materials.

Construction materials shall be of a color and texture characteristic of or appropriate blend with the adjacent residential development.

Exterior lighting along walks and near buildings shall be provided utilizing architectural-grade equipment and shall provide an average of 1.0 footcandle and not be less than 0.5 footcandle (measured at ground level), unless other intensities are deemed appropriate by the Planning Board, measured at ground level.

Dwelling units shall be so designed and arranged in buildings as to ensure a minimum of three hours of sunlight at one window of each unit per day. No units with full northern exposure shall be permitted.

Walks shall be provided throughout the development area that will ensure that drives shall not be required for pedestrian circulation.

Underground installation of electric and other utility systems is required in all multiple-residence developments, including new or upgraded supply systems off site to provide feed/service to the project.

§ 300-25 Home occupations.

[Amended 9-7-2016 by L.L. No. 2-2016]

The home occupation (subject to special permit of the Planning Board) shall be permitted in accordance with the use tables, provided that:

Such occupation is incidental to the residential use of the premises and is carried on by the resident thereof. There shall be a conclusive presumption that such home occupation use is not incidental to the residential use of the premises if client, patient, student or customer contact or usage of such office or studio by the resident professional exceeds eight hours per day.

Such occupation may only be carried out in a single-family residence.

Such occupation shall not change the character of the structure as a residence.

Such home occupation must be carried on personally by a resident of the dwelling.

The occupation shall not occupy more than 1/2 of the ground-floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. The home occupation must be carried on within the dwelling, including the basement. The home occupation may only be carried on in the garage and any accessory structure if permitted by the Planning Board.

Studios where instruction is offered to a group in excess of four people at one time, or where concerts, recitals or exhibitions are held, are prohibited.

The keeping or boarding of domestic animals is not considered a home occupation, and such use shall require approval of the Planning Board in accordance with § 300-23.

The parking and storage of commercial vehicle requirements set forth in the Code shall be complied with. No more than two customer motor vehicles shall be parked on the premises or on the adjacent roadways at any one time.

No exterior storage of materials and no exterior display or sign, other than a double-faced sign, 12 inches by 18 inches, shall be permitted; and no other exterior indication of the home occupation shall be permitted.

No machinery or equipment not customarily in a dwelling shall be permitted, and no offensive odor, noise, vibration, smoke, dust, heat, light or glare shall be produced.

There shall be no partner or associate in the practice of such home occupation, and it shall employ not more than one person and create no public nuisance.

The building and home occupancy shall conform to the New York State Uniform Fire Prevention and Building Code requirements.

§ 300-26 Gasoline stations and repair garages.

By special permit of the Planning Board, gasoline stations and repair garages are permitted, provided that no plot line of any station shall be closer than 200 feet to a school, playground, church, hospital, library or institution for the elderly or children. No gasoline station shall be permitted within 1,000 feet of any other gasoline facility fronting in the same street. Subject to Planning Board approval, a gasoline station may include a convenience store which customarily sells retail products and food, including deli, bakery and franchise fast food, as an ancillary use.

Ingress and egress.

Ingress and egress points for gasoline service facilities shall be located a minimum of 70 feet from the intersection of right-of-way lines on a Town road and shall comply with requirements with respect to state, county or Town roads.

Entrance and exit driveways shall have a width of not less than 25 feet and not more than 40 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.

Vehicle lifts or pits, dismantled or unlicensed automobiles and all parts or supplies shall be located within a building enclosed on all sides.

All service or repair of motor vehicles shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times, unless such condition is imposed by the Planning Board due to proximity to other sensitive uses.

The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than five feet to any property line other than the street line, provided that the vents are located in accordance with NFPA requirements.

No gasoline pumps shall be located nearer than 20 feet to any street line.

ADULT ENTERTAINMENT ESTABLISHMENT

Sites shall be designed for proper movement of delivery vehicles.

§ 300-27 Adult entertainment.

Purpose and intent. It is the purpose of this section to promote the health, safety, morals and general welfare of the citizens, including children, of the Town of New Windsor and to establish reasonable and uniform regulations regarding the location and concentration of sexually oriented businesses within the Town. It is not the intent of this amendment to this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment.

Definitions of adult establishment or sexually oriented business. The words and phrases set forth below shall have the meanings respectively ascribed to them:

ADULT ARCADE

Any place in which the public is permitted or invited in which coin-operated or slug-operated motion-picture machines or other image-producing devices are maintained where images are displayed which depict sexual activities or anatomical areas.

ADULT BOOKSTORE

A commercial establishment having a substantial or significant portion of its stock-in-trade, including but not limited to books, magazines, videotapes, periodicals, devices, clothing, visual representations or writings, depicting or related to sexually explicit anatomical areas or to sexual activities.

A bar (whether or not alcoholic beverages are served), juice bar, cabaret, eating or drinking place, theater or similar establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure or stimulation of anatomical areas or by sexual activities.

MASSAGE PARLOR

A commercial establishment providing unlicensed massage services to customers.

Businesses prohibited in certain areas. It shall be unlawful to establish or maintain any adult establishment or sexually oriented business, as defined above, within 1,000 feet of the property line of another such establishment, as defined, or a church, house of worship, school, day-care center, nursery school, historical structure, airport, residential zone or residential dwelling.

Zones where permitted. No adult arcade, adult bookstore, adult entertainment establishment or massage parlor shall be permitted within any zone in the Town of New Windsor other than the Limited Commercial (LC) Zone, and provided that any such establishment or business shall at all times be subject to the distance limitations set forth in this section.

Screening and concealment. Any activity defined in this section shall be screened or otherwise concealed from the public view of children passing by. No sexually explicit materials or activities shall be visible from the street.

Special permit. No adult arcade, adult bookstore, adult entertainment establishment or massage parlor shall be established until the issuance of a special permit by the Planning Board pursuant to § 300-87 of this chapter. The application for a special permit shall be in writing to the Planning Board and shall include a description of the premises for which the permit is sought, a statement of the use which is proposed, a site plan showing all uses and zones within 1,000 feet of the site and such additional information as may be required by the Code or Planning Board. The Planning Board shall call a public hearing for the purpose of considering the special permit. The Planning Board may establish reasonable conditions in issuing the special permit and may require periodic renewals of the special permit. Existing businesses which are covered by the definitions in Subsection B of this section, which are existing as of the date of the adoption of this section, shall nonetheless be subject to reasonable restrictions under this section, provided that the Planning Board may modify the terms of the special permit in such instances.

Penalties for offenses. Any person convicted of violating this section shall be subject to § 300-81 of this Code.

§ 300-28 Telecommunications towers.

Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of New Windsor; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.

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

TELECOMMUNICATIONS TOWER

Any structure, the total height of which, including underlying or support structures and buildings, is greater than 35 feet in height, which is capable of receiving or transmitting signals for the purpose of communications.

Application of special permit regulations.

No telecommunications tower, except those towers and uses approved prior to the effective date of this section, shall be used unless it has received a special permit from the Planning Board. No telecommunications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.

Applicants proposing to co-locate on a previously approved telecommunications tower do not require a special permit. They are, however, subject to site plan review by the Planning Board in accordance with § 300-86.

These regulations shall apply to all property within the following zones: AP, PI, OLI, HC, LC, and NC. Telecommunications towers shall be specifically excluded from all other zones.

Applications for construction of new telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (FAR) Part 77. Additionally, no application for construction of a new telecommunications 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.

Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be preferred to the construction of new towers.

An applicant proposing to share use of an existing tall structure shall be required to submit:

A completed application for a special permit.

Documentation of intent from the owner of the existing facility to allow shared use.

A site plan. The site plan shall show, at a minimum, 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 modifications of the existing facility shall be indicated on the site plan.

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

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

A copy of its Federal Communications Commission (FCC) license.

If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection D(1)(a) through (f) above, and if modifications indicated according to those subsections are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to such subsections are significant, it may require further review according to all subsections below.

The Planning Board may modify or waive the setback or lot area requirements in the event that they are not deemed necessary for safety or other valid planning purposes for the site.

New telecommunications towers. The Planning Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures above 35 feet and existing or approved towers within a two-mile distance of the proposed site. The report shall demonstrate the need for the proposed facility and provide technical data regarding existing signal coverage. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower and shall show reasons why existing towers and structures are not usable. The report shall demonstrate good-faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

Shared usage of existing tower sites for placement of new towers. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Any proposals for a new telecommunications tower on an existing tower site shall be subject to the requirements below.

New towers at new locations. The Planning Board may consider a new telecommunications tower on a site not previously developed with an existing tower, when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical or that no existing facility could be modified or altered to be usable, and when the Board determines that shared use of an existing tower site for a new tower is undesirable. Any proposal for a new telecommunication tower shall be subject to the requirements of the subsections below.

Future shared use of new towers. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and successors in interest, to negotiate in good faith for shared use of the proposed tower by a reasonable number of other telecommunications providers in the future. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for relocation of the special permit. The letter shall commit the new tower owner and successors in interest to:

Respond within 90 days to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

Allow shared use of the new tower if another telecommunications provider agrees in writing to pay charges. The charge may include but is not 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 and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

Site plan review; submission requirements.

An applicant shall be required to submit a site plan in accordance with § 300-86. The site plan shall show all existing and proposed structures and improvements, including but not limited to roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

Supporting documentation. The applicant shall submit a complete long form EAF, a complete visual environmental assessment form and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required.

Engineer's report for all structures. The applicant shall submit an engineer's report, acceptable in form and content to the Planning Board engineer, detailing the basis and requirements for the design of any structure or extension thereof.

The Planning Board may require any additional information it deems necessary to consider the application.

Lot size and setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all ice-fall or debris from tower failure and preserve the privacy of any adjoining residential properties.

Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Board determines that this provision may be modified or waived as part of the special permit.

Telecommunications towers shall be located with a minimum setback from any property line equal to 1/2 of the height of the tower. Equipment or utility structures shall comply with the minimum setback requirements in the underlying zoning district.

Visual impact assessment. The Board shall require the applicant to undertake a visual impact assessment which shall include, as a minimum:

A Zone of Visibility Map, to be provided in order to determine locations where the tower may be seen.

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 the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a regular meeting or work session conference with the applicant.

Assessment of alternative tower designs and color schemes.

Assessment of the visual impact of the tower, guy wires, accessory buildings and overhead utility lines from abutting properties and streets. For new towers the Planning Board may require testing via balloons or cranes or other devices, with photographs submitted to the Board.

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

Any new tower shall be designed to accommodate future shared use by other telecommunications providers to the extent practicable.

A tower shall have a shape, contour and finish (either painted or unpainted) that minimizes its degree of visual impact. The Planning Board may require a tower to be in the shape of a tree, flagpole, church steeple, etc.

The maximum height of any new 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. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.

The Board may request a review of the application by a qualified professional engineer or landscape architect retained by the Planning Board in order to evaluate the need for, and the design of, any new tower. The reasonable cost of this review shall be borne by the applicant.

All structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

No portion of any tower or structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at the height of four feet off the ground) shall take place prior to the approval of the special permit. The applicant shall also comply with § 300-86D, Procedure.

Screening. Deciduous or evergreen tree plantings shall be required to screen portions of the tower and all structures from nearby residential property as well as from public sites known to include public sites and views. Where a site abuts a residential property or public property, including streets, ample screening shall be required.

Access. Adequate emergency and service access and maneuver area shall be provided, including access for a tower ladder fire truck. Maximum use of existing roads and private accessways shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. An erosion-control plan shall be submitted to and approved by the Planning Board prior to any construction.

Parking. Parking shall be provided to assure adequate emergency and service access in accordance with this chapter.

Fencing. The tower and all structures shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board. The minimum standard shall be a chain-link fence six feet or eight feet in height, with dark vinyl coating and privacy slats, as well as suitable gate access for emergency purposes.

Public safety. The applicant shall demonstrate that the proposed communications tower will not pose a threat to public health and safety as a result of falling or blowing ice and other debris and that public access to the same has been restricted in order to prevent climbing or other trespass on the structure itself.

Removal. In the event that a tower is not in use for a period of one year, the tower and all structures shall be removed and the site restored to its condition prior to the construction of the related facilities. In the event that the tower is not removed as required by this subsection, then, upon written notice to the applicant securing the approval from the Planning Board for the special permit for the erection of the public communications utility tower and to the owner, which shall be mailed by certified mail to the applicant's address on the application filed with the Planning Board or to such other address as the applicant may provide to the Planning Board from time to time, and also to the owner at the address of record in the Assessor's office, the applicant shall remove the tower and related facilities and restore the premises. In the event that the applicant fails to remove the tower following notice and demand that the applicant do so, the Town shall then have the right to proceed to secure such relief against the applicant to cause the removal and restoration as the Town may deem appropriate, including injunctive relief. Where appropriate, the Town may elect to proceed under Chapter 113, Buildings, Unsafe, of the Town Code. In either event, all costs and expense incurred by the Town of New Windsor in connection with the proceedings to remove or secure, including the cost of actually removing the tower, shall be assessed against the land on which the tower is located.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of county 911 services, the Board shall require that an applicant who proposes a new telecommunication tower shall notify, in writing, the legislative body of each municipality that borders the Town of New Windsor, the Orange County Planning Department and the Director of Orange County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. Documentation of this notification shall be submitted to the Board at the time of application.

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of the state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by first-class mail in accordance with Planning Board procedures. Documentation of this notification shall be submitted to the Board prior to the public hearing.

§ 300-28.1 Solar energy power systems.

[Added 4-5-2017 by L.L. No. 1-2017]

Title. This new section of Chapter 300 of the Town Code of the Town of New Windsor shall be known as "Solar Energy Power System Siting."

Purpose and intent.

The Town Board of the Town of New Windsor wishes to promote renewable energy resources by permitting solar energy power systems and limiting their location to protect the public health, safety and welfare.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) POWER SYSTEM

This chapter is not intended to repeal, except as herein stated, abrogate or impair existing conditions previously made or permits previously issued relating to the use of buildings or premises or to impair or interfere with any easements, covenants or agreements existing between parties. Except as otherwise provided herein, whenever this chapter imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of law, ordinance, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.

Definitions. As used in this chapter, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.

A solar energy power system that consists of integrating photovoltaic modules into the building structure, such as the roof of the facade and which does not alter the relief of the roof.

COLLECTIVE SOLAR

Solar installations owned collectively through subdivision homeowner associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.

FLUSH-MOUNTED SOLAR PANEL

Photovoltaic panels and tiles that are installed flush to the surface of a roof and which cannot be angled or raised.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY POWER SYSTEM

A solar energy power system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy power systems shall be considered freestanding or ground-mounted solar energy power systems for the purposes of this section.

NET-METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

PHOTOVOLTAIC (PV) POWER SYSTEM

A solar energy power system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified installers if the Town of New Windsor determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

ROOFTOP OR BUILDING-MOUNTED SOLAR POWER SYSTEM

A solar energy power system in which solar panels are mounted on top of the structure of a roof as a flush-mounted power system.

SETBACK

The distance from a front lot line, side lot line or rear lot line of a parcel to any component of a freestanding or ground-mounted solar energy power system, solar farm or solar power plant within which no solar components shall be permitted.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy power systems on individual properties.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR EASEMENT

An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.

SOLAR ENERGY EQUIPMENT/POWER SYSTEM

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar power systems include solar thermal, photovoltaic and concentrated solar. For the purposes of this law, a solar energy power system does not include any solar energy power system of four square feet in size or less.

SOLAR FARM or SOLAR POWER PLANT

Energy generation facility or area of land whose principal use is allowed by special permit issued by the Planning Board to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. No other buildings or uses are required unless needed for the solar installation.

SOLAR PANEL

A device for the direct conversion of solar energy into electricity.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL POWER SYSTEMS

Solar thermal power systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

Applicability.

The requirements of this section shall apply to all solar energy power systems and equipment installations modified or installed after the effective date of this section.

Solar energy power system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has been completed before the effective date of this section shall not be required to meet the requirements of this section.

All solar energy power systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town of New Windsor Code.

Solar energy power systems, unless part of a Solar Farm or Solar Power Plant, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute within the limitations provided in Subsection E(4)(i) and (j) and (5)(i) and (j) herein.

Permitting.

No solar energy power system or device shall be installed or operated in the Town of New Windsor except in compliance with this chapter.

Rooftop and building-mounted solar power systems, including BIPV. Rooftop and building-mounted solar power systems, including BIPV on residential or commercial structures are permitted in all zoning districts in the Town subject to the following conditions:

Building permits shall be required for installation of all rooftop and building-mounted solar power systems, including BIPV. No Planning Board approval is required for these installations, unless in the sole opinion of the Code Enforcement Officer a Planning Board review is necessary and appropriate.

Rooftop and building-mounted solar power systems, including BIPV when installed shall not exceed the maximum permitted building height in the zoning district where the system is to be located.

Rooftop and building-mounted solar power systems shall match the contour and slope of the existing roof structure.

Rooftop and building-mounted solar power systems, including BIPV, are only permitted on structures and are not permitted on accessory structures.

Rooftop and building-mounted solar power systems, including BIPV must be 18 inches from any chimney and shall not be permitted on any roof overhangs.

In order to ensure firefighter and other emergency responder safety, rooftop and building-mounted solar power systems, including BIPV, shall be installed in accordance with the following:

Each photovoltaic array shall not exceed 150 feet in any direction.

[2]

Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two thirty-six-inch-wide access pathways extending from the roof access point to the ridge.

[3]

Panels, modules or arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches wide, extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.

[4]

Panels and modules shall not be located less than 18 inches from a valley, ridge or peak on any roof.

[5]

In the event any of these standards are more stringent than the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be installation guidelines only and the standards of the state code shall apply.

Solar-thermal power systems. Solar-thermal power systems are permitted in the Town under the following conditions:

Rooftop and building-mounted solar-thermal power systems are permitted in all zoning districts and shall be subject to the same requirements set forth in Subsection E(2) above as for rooftop and building-mounted solar power systems.

Freestanding or ground-mounted solar-thermal power systems are permitted as accessory structures in all zoning districts and shall be subject to the same requirements set forth in Subsection E(4) below as for freestanding and ground-mounted solar power systems.

Freestanding and ground-mounted solar power systems. Freestanding or ground-mounted solar power systems are permitted in all zoning districts as an accessory structure to single family and two-family residences under the following conditions:

Building permits shall be required for the installation of all freestanding and ground-mounted solar power systems. No Planning Board approval is required for these installations, unless in the sole opinion of the Code Enforcement Officer a Planning Board review is necessary and appropriate.

Freestanding and ground-mounted solar power systems shall only be permitted on lots with a minimum size of 80,000 square feet.

Developmental coverage on a lot, including freestanding and ground-mounted solar power systems, shall not exceed that permitted in the bulk table for single family and two-family residences in the zoning district in which the lot is located.

All freestanding and ground-mounted solar power systems shall be subject to a fifteen-foot setback from the property line.

All freestanding and ground-mounted solar power systems shall be enclosed by a six-foot solid fence (or fence with privacy slats).

Freestanding and ground-mounted solar power systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.

(g)

Freestanding and ground-mounted solar power systems, including any mounts shall not exceed 10 feet in height when oriented at maximum tilt.

(h)

Freestanding and ground-mounted solar power systems can only be installed in side or rear yards. No front yard installations are permitted.

(i)

Freestanding and ground-mounted solar power systems shall only be permitted on a site to provide sufficient kilowatts to power the site plus 20%. The Code Enforcement Officer may require up to 12 months of electrical usage invoices to demonstrate the applicant's installation complies with this requirement.

(j)

Any application for the installation of freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in Subsection E(4)(i) above shall constitute an application for site plan approval and special use permit which shall require the Planning Board's approval pursuant to §§ 300-86 and 300-87 of the Town Code. Any solar installations that require Planning Board site plan and special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.

Freestanding and ground-mounted solar power systems accessory to approved site plans. Freestanding or ground-mounted solar power systems installed pursuant to this section shall be considered accessory uses which shall require site plan approval. Accessory freestanding and ground-mounted solar power systems are permitted in all zoning districts as an accessory structure subject to the following conditions:

Site plan approval granted by the Town of New Windsor Planning Board is required under § 300-86 of the Town Code. If an accessory freestanding and ground-mounted solar power system is installed after site plan approval and/or construction has already been completed at the site, a site plan amendment approval is required.

All accessory freestanding and ground-mounted solar power systems shall be subject to a minimum fifteen-foot setback from the property line. The Planning Board may require increased setbacks as it deems necessary based on the surrounding conditions.

Developmental coverage on a lot, including accessory freestanding and ground-mounted solar power systems shall not exceed that permitted in the bulk table for the primary use of the lot in the zoning district in which the lot is located.

All accessory freestanding and ground-mounted solar power systems shall be enclosed by a minimum of a six-foot solid fence (or fence with privacy slats).

Accessory freestanding and ground-mounted solar power systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors. Additional screening may be required as part of the Planning Board approval.

Accessory freestanding and ground-mounted solar power systems, including any mounts shall not exceed 10 feet in height when oriented at maximum tilt.

(g)

Accessory freestanding and ground-mounted solar power systems can only be installed in side or rear yards. No front yard installations are permitted.

(h)

The installation of accessory freestanding or ground-mounted solar power systems shall be considered a development or development activity for purposes of Chapter 249, Stormwater Management, of the Code of the Town of New Windsor. The site shall comply with all current standards for New York State stormwater regulations.

(i)

Accessory freestanding and ground-mounted solar power systems shall only be permitted on a site to provide sufficient kilowatts to power the site plus 20%, and the applicant must provide a calculation demonstrating the required amount.

(j)

Any application for the installation of accessory freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in Subsection E(5)(i) above shall constitute an application for a special use permit which shall require the Planning Board's additional approval pursuant to § 300-87 of the Town Code in addition to site plan approval. Any solar installations that require Planning Board special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.

Solar farms and solar power plants. Solar farms and solar power plants shall be permitted as structures in all zoning districts subject to the following conditions:

Site plan and special use permit approval granted by the Town of New Windsor Planning Board is required under §§ 300-86 and 300-87 of the Town Code. As part of the application, the applicant shall submit the following (in addition to all other submittal requirements for site plans):

A written narrative describing how the solar farm or solar power plant will be constructed, operated and maintained.

[2]

Manufacturer's information and specifications for the proposed solar farm or solar power plant.

[3]

A written narrative describing the eventual decommissioning of the solar farm or solar power plant that describes the anticipated life of the solar farm or solar power plant, the estimated decommissioning costs and the method for insuring funds will be available for decommissioning and restoration of the site.

Compliance with the State Environmental Quality Review Act shall be required. Applicants shall prepare and submit a completed Part I of a Full Environmental Assessment Form, together with such additional analyses as may be required by the Planning Board. Any solar farm or solar power plant proposed in the AP Zoning District must all be reviewed and approved by the Port Authority for New York and New Jersey to ensure that there will be no reflection of light therefrom that will interfere with the operation of Stewart Airport.

The installation of a solar farm or solar power plant shall be considered a Development or Development Activity for the purposes of Chapter 249, Stormwater Management, of the Code of the Town of New Windsor. The site shall comply with all current standards for New York State stormwater regulations.

The site plan shall indicate all existing and proposed access to the site, including road, electric power, emergency access, and other utilities existing and proposed within the property boundaries. All easements and rights-of-way should be shown on the site plan.

The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and clearly visible.

The solar farm or solar power plant shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors. Additional screening may be required as part of the Planning Board approval.

(g)

All solar farm or solar power plant equipment and installations shall be subject to a minimum fifteen-foot setback from all property lines. The Planning Board may require increased setbacks as it deems necessary based on the surrounding conditions.

(h)

A solar farm or solar power plant shall only be permitted on lots with a minimum size of 10 acres.

(i)

Notwithstanding bulk table requirements to the contrary, developmental coverage of a lot with a solar farm or solar power plant shall not exceed 85%.

(j)

The height of the freestanding or ground-mounted solar collectors and any mounts shall not exceed 15 feet when oriented at maximum tilt.

(k)

The solar farm or solar power plant installation shall be enclosed by a minimum six-foot solid fence (or fence with privacy slats). Planning Board may require a greater height in fencing depending on individual conditions.

(l)

Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.

(m)

On-site power lines shall, to the maximum extent practicable, be placed underground.

All solar energy power systems and equipment shall be permitted only if they are determined by the Town of New Windsor not to present any unreasonable safety risks, including but not limited to: weight load, wind resistance and ingress or egress in the event of fire or other emergency.

All solar energy power systems and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.

Safety.

All solar energy power system installations must be performed by a qualified solar installer.

Prior to operation, electrical connections must be inspected by a Town of New Windsor Code Enforcement Officer and by an appropriate electrical inspection person or agency as determined by the Town.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy power systems shall be maintained in good working order.

Rooftop and building-mounted solar power systems shall meet New York's Uniform Fire Prevention and Building Code standards.

If solar storage batteries are included as part of the solar power system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

If the solar power system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collectors, mount and associated equipment no later than 90 days after the end of the twelve-month period.

Solar energy power systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy power system. Materials used for marking shall be weather resistant.

For one- and two-family residential installations, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

For accessory installations, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.

In the event that any of the standards of this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only and the standards of the state code shall apply.

Decommissioning.

If a solar energy power system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the power system, mount and associated equipment from the property no later than 90 days after the end of the twelve-month period.

If a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant has been out of active and continuous service for a period of one year, it shall be removed from the premises to a place of safe and legal disposal. Any and all structures and accessory structures shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within 18 months of the cessation of active and continuous use. A permit for the demolition of the system shall be required under § 107-04 of the Town Code.

If the owner of a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant that has ceased operation as provided in Subsection G(2) fails to remove the system, the Town may serve on the owner a notice of demand to remove.

Notice shall be served upon the owner or owners by certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as recorded in the Sole Assessor's office on the same day as posted. Service of notice upon any owner of land, or the designated person to receive process as provided by law, shall suffice for the purposes of this section.

Whenever a notice or notices referred to in this chapter has or have been served upon or posted on said real property requiring such owner or owners of the respective lots or parcels to remove a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Town Supervisor may authorize the work to be done and pay the cost thereof out of general Town funds or authorize Town employees and equipment to perform the work.

The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Town Supervisor, as herein provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.

Appeals.

If a person is found to be in violation of the provisions of this section, appeals should be made in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.

If a building permit for a solar energy power system is denied based upon a failure to meet the requirements of this section, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.

Fees. The fees for all building permits required herein shall be paid at the time each building permit application is submitted pursuant to the Schedule of Fees provided for in the Town Code.[1]

Editor's Note: The current fee schedule is on file in the Town offices.

§ 300-29 Bed-and-breakfast establishments.

It has been determined that bed-and-breakfast establishments will generally exist as one of two different types of establishments. For purposes of this chapter, bed-and-breakfast establishments will be categorized as either a bed-and-breakfast residence or a bed-and-breakfast inn. Generally, a bed-and-breakfast residence is smaller and requires owner occupancy, while a bed-and-breakfast inn is larger and may not be required to be owner occupied. The classification of the type of bed-and-breakfast establishment shall be determined by the Planning Board, based on the information provided to the Planning Board by the applicant and based on the specific requirements for the bed-and-breakfast establishment as listed herein below.

Bed-and-breakfast residences are permitted as accessory uses in residential districts subject to site plan approval and the following supplemental regulations:

The owner-operator of the bed-and-breakfast residence shall be a principal owner-occupant of the single-family residential dwelling to which the guest rooms are accessory.

Bed-and-breakfast residences shall be permitted accessories only to single-family detached dwellings.

Bed-and-breakfast residences shall not be permitted where physical road access is only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.

Full turnaround for the dwelling and the bed-and-breakfast residence shall be provided, except that the Planning Board may waive such turnaround requirement for lots having frontage on and access to a rural street.

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence as single-family detached dwelling.

Not more than four bedrooms of the bed-and-breakfast residence shall be permitted to be used for transient residential purposes. Upon conversion of any portion of its floor area to a bed-and-breakfast residence establishment, the residential dwelling shall retain at least one bedroom for the exclusive use of the owner-occupants of the principal dwelling to which the bed-and-breakfast residence is accessory. The owner-occupants of the principal dwelling shall provide sufficient documentation to the Planning Board to demonstrate that adequate space has been reserved for the occupancy of the principal dwelling by the entire family of the owner-occupants.

Room rental shall be strictly for transient usage. A limit of 14 days' stay shall be permitted.

The sanitary and water supply systems serving the dwelling shall be adequate to meet the needs of the principal dwelling and bed-and-breakfast residence use combined. Where requested, the applicant shall submit documentation demonstrating such capacity in a form acceptable to the Planning Board.

Adequate waste enclosure shall be provided to contain the solid waste generated by the principal dwelling and the bed-and-breakfast residence use.

Parking shall be provided to meet the residence requirement and one additional space per each bed-and-breakfast room.

Hard-surfaced walkways and stairs equipped with low-level lighting shall be provided from the parking area to the bed-and-breakfast residence entrance.

(12)

If any outside recreation or any other exterior improvements exist or are planned to be constructed or used for the bed-and-breakfast residence use, the same shall be part of the site plan submitted for approval.

(13)

Prior to the use of any portion of the residence as a bed-and-breakfast, a licensed professional shall make an inspection and the results shall be submitted to the Town Code Enforcement Officer. The Code Enforcement Officer (or his duly authorized representative) shall have the option of performing a site review of the area proposed for use as a bed-and-breakfast and shall determine if there are any code-related or other conditions which may prohibit such use.

Bed-and-breakfast inn establishments are permitted as special permit uses in those zones indicated on the Table of Use/Bulk Regulations.[1] Bed-and-breakfast inns are subject to site plan approval and compliance with the following supplemental regulations:

The bed-and-breakfast inn is not required to be the principal residence of the owner-operator, although the same shall be permitted as part of an approved special permit use, at the owner-operator's option. However, in the event that such bed-and-breakfast inn does not serve as the principal residence of its owner-operator, the Planning Board shall require that adequate supervision be provided on site for such bed-and-breakfast inn use. The bed-and-breakfast inn shall provide a reception/office area, which area is not required to be a room that is dedicated solely to that purpose, provided that such area is not within the confines of a guest room.

The number of guest rooms permitted for rental for transient residential purposes in a bed-and-breakfast inn shall be limited to 14.

Bed-and-breakfast inns shall not be permitted in cases where physical road access is only to a private road. The driveway serving the bed-and-breakfast inn shall have direct physical access to a public road.

Full turnaround for the bed-and-breakfast inn shall be provided.

Room rental shall be strictly for transient usage. Limit of 14 days shall be permitted.

The sanitary and water supply system serving the use shall be adequate to meet its projected needs. As part of the application, sufficient information shall be furnished to demonstrate such capacity, in such form as acceptable to the Planning Board.

The site shall include adequate waste enclosure to contain all the solid waste generated by the bed-and-breakfast inn use.

Parking shall be provided to meet the residence requirement (where applicable), as well as one space per each (equivalent) full-time employee, plus 1.25 spaces per each bed-and-breakfast guest room or suite. Full interior turnaround shall be required for bed-and-breakfast inn parking.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking area to the bed-and-breakfast inn entrance. As well, where required by the Planning Board, additional lighting for the parking area(s) shall be provided.

If any outside recreation or any other exterior improvements exist or are planned to be constructed or used for the bed-and-breakfast inn use, the same shall be part of the site plan submitted for approval.