Town of Pine Plains, NY Special Use Permits

Dwellings on the ground floor shall be permitted to the rear portion of a mixed-use building, with the nonresidential use facing the streetfront. Alternatively, dwellings may be permitted in the upper stories of a mixed-use building. In no case shall the total floor area devoted to residential uses exceed two times the total floor space devoted to nonresidential uses.

The gross floor area of any dwelling in a mixed-use building shall not be less than 720 square feet.

Dwellings may have one bedroom or two bedrooms occupied by a family. Boarders and roomers shall not be permitted.

The residential component of any structure shall have an entrance or entrances which do not require access through the nonresidential use, other than a common lobby. The location and design of such entrances shall be subject to approval by the Planning Board.

Only nonresidential permitted uses or special uses allowed in the zoning district in which the proposed mixed-use building is located shall be allowed. Nothing herein shall be construed to exempt a nonresidential use in a mixed-use building from obtaining a special use permit, where required.

Off-street parking shall be provided as set forth in § 275-45B.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Planning Board, in reviewing an application, may request a floor plan to confirm apartment size. The Planning Board shall consider the compatibility of the proposed mix of uses in its decisionmaking.

Dwelling, multiple-family; dwelling, senior citizen.

Multiple-family dwellings and senior citizen dwellings are permitted in conjunction with a conservation subdivision in the R District. The maximum number of dwellings shall be no more than the residential yield established as per § 275-31C of this Zoning Law. This number may be increased upon approval of incentive zoning or as required in accordance with the affordable housing provisions of this Zoning Law.

[Amended 9-16-2021 by L.L. No. 1-2021]

In all other districts where said uses are allowed, multiple-family dwellings and senior citizen dwellings shall be permitted at a density equivalent to four dwellings per net acre after excluding environmental constraints set forth in § 275-16 of this Zoning Law. This number may be increased upon approval of incentive zoning or as required in accordance with the affordable housing provisions of this Zoning Law.

The maximum lot coverage shall not exceed 50%, and the maximum building coverage shall not exceed 30%.

Multiple principal residential buildings and accessory structures are permitted on a single lot. The maximum number of dwellings in any residential building shall not exceed 12 dwellings.

Each building shall be separated from another residential building a distance no less than 25 feet. Accessory structures shall be situated at least 15 feet from the nearest residential building.

Parking areas and drives shall be located no closer than 25 feet to a residential building in order to provide an adequate buffer between vehicular areas and residential uses, and to accommodate sidewalks from parking areas to the building. The distance between parking areas and drives may be reduced or eliminated where the Planning Board determines that resident mobility needs demand closer placement of parking areas to the building served.

Each dwelling shall be provided a balcony or patio of at least 50 square feet. An additional 100 square feet per dwelling shall be set aside for active recreational facilities, which may consist of tennis courts, bocci courts, swimming pools, clubhouse and/or other similar amenities.

Sidewalks shall connect the residential buildings with parking areas, public streets, recreation facilities and other amenities.

A landscaping plan, lighting plan, building elevations and floor plans for each dwelling unit type shall be submitted for review.

Centralized locations shall be provided on-site for solid waste storage and recycling receptacles. Said locations shall be screened from view by a combination of fencing and landscaping. Dumpster enclosures shall be designed to be compatible with the architecture of the buildings.

Snow storage areas shall be indicated on the site plan and shall not interfere with required parking or traffic circulation.

Where a development is to be served by an on-site private drive, the Planning Board shall determine the minimum number of access points to ensure adequate vehicular access in the event of an emergency.

One identification sign is permitted at each permanent (i.e., nonemergency) access and shall be compatible with the architecture of the development. The maximum height of the sign shall be six feet, and no face of a sign shall exceed 16 square feet. No sign shall be located closer than 15 feet to the street line. In addition, small signs for wayfinding purposes within the development shall be allowed, subject to Planning Board approval.

Senior citizen dwelling. The maximum size of the principal senior citizen dwelling building is 12,000 square feet of gross floor area, consistent with § 275-17C. The Planning Board may issue a special permit for a larger principal building if the following conditions are satisfied:

[Added 9-16-2021 by L.L. No. 1-2021]

The applicant must submit a full environmental assessment form (EAF) consistent with the State Environmental Quality Review Act.[2] The Planning Board may require that the full environmental assessment form have appendixes detailing impacts to natural resources, transportation and parking, visual resources, or other impact areas.

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

The total senior citizen dwelling parcel must be five acres or more.

The maximum permitted height for senior citizen dwelling buildings is three stories or 40 feet.

Dwellings, single-family attached (townhomes); dwelling, single-family semidetached.

Single-family attached and single-family semidetached dwellings are permitted in conjunction with a conservation subdivision in the R District. The maximum number of dwellings shall be no more than the residential yield established as per § 275-31C of this Zoning Law. This number may be increased upon approval of incentive zoning or as required in accordance with the affordable housing provisions of this Zoning Law.

[Amended 9-16-2021 by L.L. No. 1-2021]

In all other districts, single-family attached and single-family semidetached dwellings shall be permitted at a density equivalent to one dwelling per the minimum lot area established for residential uses in the applicable zoning district, which shall vary depending on the provision of central sewer.

The maximum lot coverage shall not exceed 50% and the maximum building coverage shall not exceed 30% for a single-family attached dwelling. The maximum lot coverage shall not exceed 40% and the maximum building coverage shall not exceed 30% for single-family semidetached dwellings.

Each single-family attached dwelling and semidetached dwelling shall be situated on its own lot. Common facilities serving an overall development may be located on one or more lots to be controlled by a homeowners' association.

The maximum number of dwellings in any single-family attached residential building shall not exceed six dwellings. No building shall exceed 180 feet in length. The yard requirements of the zoning district in which the attached dwelling development is located shall be applicable to the overall tract.

Each single-family attached building shall be separated from another residential building a distance no less than 25 feet. Accessory structures shall be situated at least 15 feet from the nearest residential building. A minimum rear yard of 50 feet shall be provided on each single-family attached dwelling lot. The minimum front yard shall be as dictated by the Planning Board, but shall be no less than 10 feet.

Each single-family semidetached dwelling shall be separated from any lot line a minimum distance of 25 feet except where attached to an adjoining dwelling, where the minimum side yard requirement is zero feet. A minimum rear yard of 50 feet shall be provided on each single-family semidetached dwelling lot. The minimum front yard shall be as dictated by the Planning Board, but shall be no less than 10 feet.

For single-family attached buildings, common parking areas and drives shall be located no closer than 25 feet to a residential building. A minimum of 50% of all required parking spaces, not including visitor spaces, shall be provided in an enclosed garage within the principal residential dwelling. Each single-family attached dwelling shall be provided with an attached garage.

Each dwelling shall be provided a balcony or patio of at least 50 square feet, which shall be situated on the individual lot. An additional 100 square feet per dwelling shall be set aside for active recreational facilities, which may consist of tennis courts, swimming pools, clubhouse and/or other similar amenities.

Sidewalks shall connect the residential buildings with parking areas, public streets, recreation facilities and other amenities.

A landscaping plan, lighting plan, building elevations and floor plans for each dwelling unit type shall be submitted for review.

Where the Planning Board deems appropriate to the design of the development, centralized locations shall be provided on-site for solid waste storage and recycling receptacles. Said locations shall be screened from view by a combination of fencing and landscaping. Dumpster enclosures shall be designed to be compatible with the architecture of the buildings.

Snow storage areas shall be indicated on any site and/or subdivision plan and shall not interfere with required parking or traffic circulation.

Where a single-family attached or semidetached development is to be served by an on-site private drive, the Planning Board shall determine the minimum number of access points to ensure adequate vehicular access in the event of an emergency.

(15)

One identification sign is permitted at each permanent (i.e., nonemergency) access and shall be compatible with the architecture of the development. The maximum height of the sign shall be six feet and no face of a sign shall exceed 16 square feet. No sign shall be located closer than 15 feet to the street line. In addition, small signs for wayfinding purposes within the development shall be allowed, subject to Planning Board approval.

Accessory dwelling; guest dwelling, caretaker dwelling.

Accessory dwelling.

An accessory dwelling is allowed accessory to an existing single-family detached dwelling. The accessory dwelling may be attached to the principal dwelling, or located in a detached structure on the same lot as the principal dwelling. No accessory dwelling shall be permitted in a front yard or a required side or required rear yard.

Either the principal dwelling or the accessory dwelling shall be owner-occupied for the duration of the special use permit.

[Amended 9-16-2021 by L.L. No. 1-2021]

An accessory dwelling shall not exceed 75% of the gross floor area of the principal dwelling, or 1,250 square feet, whichever is less. An accessory apartment shall be no less than 250 square feet of gross floor area. The accessory dwelling shall have separate sleeping, cooking, and bathroom facilities.

There shall be no more than one accessory dwelling per lot.

Where part of a principal dwelling, the entry to the principal dwelling and its design shall be such that the appearance of the dwelling will remain as a single-family dwelling.

The single-family detached dwelling shall meet all bulk regulations applicable to the district in which it is located.

The applicant shall demonstrate that adequate sewer and water service may be supplied to the additional dwelling in compliance with Dutchess County Health Department standards.

Parking shall be provided as per the requirements of Table C in § 275-45B of this Zoning Law.

(Reserved)[3]

Editor's Note: Former Subsection D(1)(i), regarding accessory dwellings in the NND District, was repealed 9-16-2021 by L.L. No. 1-2021.

Guest dwelling, caretaker dwelling.

One caretaker dwelling or guest dwelling is permitted accessory to a single-family detached dwelling on a conservancy lot without the need to obtain a special use permit, provided the dwellings complies with all other requirements in this Subsection D(2). On lots of 100 acres or more, a total of two such dwellings may be permitted without the need to obtain a special use permit. Any application proposing a guest or caretaker dwelling not complying with these requirements shall require a special use permit in addition to any variances or waivers that may be required.

The principal dwelling to which the guest or caretaker dwelling is accessory shall be owner-occupied.

No guest or caretaker dwelling shall be rented or operated for gain.

A guest or caretaker dwelling shall not exceed 75% of the gross floor area of the principal dwelling, or 1,250 square feet, whichever is less. A guest or caretaker dwelling shall have no less than 250 square feet of gross floor area. The dwelling shall have separate sleeping, cooking, and bathroom facilities.

No guest or caretaker dwelling shall be permitted in any required yard. The Planning Board may permit a guest or caretaker dwelling in a front yard where it determines said dwelling will not impact residences on adjoining properties or views the Planning Board determines are scenic.

The single-family detached dwelling to which the dwelling(s) is accessory shall meet all bulk regulations applicable to the district in which it is located.

The applicant shall demonstrate to the satisfaction of the Building Inspector that adequate sewer and water service may be supplied to the additional dwelling in compliance with Dutchess County Health Department standards.

Parking shall be provided as per the requirements of Table C in § 275-45B of this Zoning Law.

Additional dwellings on a conservancy lot. Subject to special use permit approval, additional caretaker or guest dwellings may be permitted on a conservancy lot. A minimum lot area of five acres shall be required for each additional caretaker dwelling or guest dwelling after subtracting for environmental features set forth in § 275-16. The additional caretaker or guest dwelling shall comply with all other requirements of this Subsection D(2). The applicant shall provide evidence to the Planning Board that additional dwellings may be provided adequate water and sewer service in compliance with Dutchess County Health Department standards.

The Planning Board is authorized to increase the gross floor area of an accessory dwelling, guest or caretaker dwelling up to a maximum gross floor area not to exceed 75% of the principal dwelling. The Planning Board shall find that the waiver will not have a negative impact on adjoining properties and community character. The Planning Board shall consider the potential impact on the pattern of residential buildings, residential density, existing lot sizes and impervious surface coverage in the neighborhood; the ability of the subject property to accommodate off-street parking and utilities; and the decrease in open yard area that may result. The waiver must be requested prior to opening the public hearing on the special use permit.

[Added 5-21-2015 by L.L. No. 2-2015]

Elder cottage.

Occupancy. An elder cottage shall not be occupied by more than two persons, who shall be persons 55 years of age or older, and at least one of such persons shall be a family relation of the owner-occupant of the dwelling. The family relationship may be waived by the Planning Board where the applicant can show a longstanding relationship substantially equivalent to a familial relationship and the maintenance of the unit is not simply an economic relationship.

The elder cottage shall not exceed 650 square feet in gross floor area and shall be no less than 250 square feet.

An elder cottage is permitted accessory to a single-family detached dwelling. No more than one elder cottage is permitted per lot.

An elder cottage is permitted within a rear yard, exclusive of the required rear yard.

The exterior appearance of the elder cottage shall be in harmony with the existing single-family detached dwelling.

An elder cottage shall be constructed so as to be easily removable. No permanent foundation, fencing, walls, or other structures shall be installed that would hinder removal of the cottage.

The special use permit shall be renewed annually. The owner of the dwelling to which the elder cottage is accessory shall submit a letter substantiating that circumstances of the original application have not changed. Special permit approval shall terminate 120 days after the death or permanent change of residence of the original occupant or occupants of the elder cottage.

The special use application shall include the following:

Name and age of proposed occupants of the elder cottage and relationship to the owner of the dwelling to which the elder cottage will be accessory.

Proposed location and size of the elder cottage.

Photos, sketches, or other materials which describe the floor plan and exterior appearance of the proposed elder cottage.

A signed agreement consenting to remove the elder cottage upon special permit expiration, including consent for the Town to enter on the property and to remove the elder cottage if the owner fails to timely remove it, said cost to be borne by the owner.

Major home occupation.

The lot on which a home occupation is situated shall be owner-occupied.

No more than 30% of the total floor area (heated, habitable space) of the dwelling unit may be used for conduct of the home occupation.

Accessory structures existing at the time of enactment of this Zoning Law may be used for home occupation purposes.

One nonilluminated identification sign of not more than four square feet shall be permitted. There shall be no other evidence of the home occupation such as additional lighting, display or storage exterior to the dwelling or accessory structure within which the home occupation is conducted.

The Planning Board may impose conditions on the hours of operation of the business to protect abutting properties.

Airstrip.

No airstrip shall be located on a property with a gross lot area less than 50 acres.

The airstrip shall be set back a minimum distance of 200 feet from any property line.

A site plan shall be submitted illustrating the runways, the location of all overhead utilities, parking areas, lighting, and accessory buildings associated with the airstrip, e.g., hangar locations.

The narrative accompanying the special use permit shall indicate hours of operation, maximum number of planes to be stored at the airstrip, and an identification of all approvals and permits required from outside agencies.

Automotive repair.

All automotive repair work shall be conducted in a fully enclosed building. All vehicles stored on the premises in excess of 72 hours shall be placed in an enclosed and screened storage yard.

The exterior display or storage of new or used automobiles or automobile parts is prohibited.

Where an automotive repair use adjoins a residential use, a minimum ten-foot landscape screen shall be provided adjacent to the shared property line.

Bay doors to the garage shall not front to any public right-of-way. Bay doors shall face the rear yard or to a side yard not abutting a residential use. Where an automotive repair establishment adjoins a residential use, a minimum ten-foot landscape screen shall be provided adjacent to the shared property line. The Planning Board may approve an alternative arrangement of bay doors to mitigate impacts to adjoining uses.

Dumpster locations shall be screened from public view. All refuse shall be disposed of in waste containers and removed from the premises on a regular basis.

No parking shall be permitted within the front yard.

Automotive sales.

The minimum lot area shall be no less than 40,000 square feet, and the lot shall have a minimum lot width of 150 feet. Driveway access shall be controlled through limitations on the number of driveways, installation of curbing and/or landscaping, and such other means as the Planning Board deems appropriate. The rear yard shall be fenced and graded with a stabilized dust-free surface such as gravel or macadam.

Where an automotive sales establishment adjoins a residential use, a minimum ten-foot landscape screen shall be provided adjacent to the shared property line.

All motor vehicle storage other than the display area and customer parking shall be fully screened. A fence or masonry wall may be substituted for or in addition to landscape screening.

All other accessory uses, including servicing of vehicles, shall be conducted within fully enclosed structures.

The sales building shall have at least one office room and a full-service public rest room.

Gasoline service, if provided, shall be located within the rear yard but outside the required rear yard. Oil and fuel storage shall be solely in tanks and subject to approval by the NYSDEC or other appropriate governmental regulatory agency.

Sufficient off-street parking shall be provided for all vehicles brought for repair. Vehicles shall be stored overnight in an enclosed rear yard, fenced from adjoining uses. No more than eight vehicles shall be stored at any one time and must be repaired within a reasonable time period. All vehicles brought in for a repair shall be placed on a concrete pad with drainage connected to a separation tank in accordance with NYSDEC regulations.

Property shall be maintained in a neat and orderly manner with no accumulation of junk vehicles, tires, auto parts, garbage, refuge or debris on the property.

Automotive service station.

The minimum lot area (including that portion of a convenience store that may have gas facilities) shall be one acre. The minimum lot frontage shall be 250 feet. Where an automotive service station adjoins a residential use, a minimum ten-foot landscape screen shall be provided adjacent to the shared property line.

The area for use by motor vehicles, except access drives thereto, and all principal and accessory structures shall not encroach on any required yard.

No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the perimeter of the fuel island or the perimeter of any canopy over the fuel island, whichever is closer to the lot or street line. Pumps shall be sited to the side of a principal building to the extent practicable.

All repair work and storage shall be within a completely enclosed building.

The Planning Board may limit the number of gas pumps to ensure consistency in scale between the automotive service station and adjacent land uses.

All canopy lights shall be recessed with no bulb, lens or globe extending below the casing or canopy ceiling.

No signs shall be allowed on the canopy mansard, fascia or roof area covering gas dispensers.

The Planning Board shall approve the architecture of the principal building and canopy. The canopy shall be decorative and designed with architectural treatments consistent with the principal building.

There shall be no amplified sound audible at property lines.

All pumps, pump islands, tanks, piping and canopies shall be removed when fuel-dispensing activity has been inactive for a period of 12 months.

Construction, maintenance and inspection of any service station shall comply with applicable federal, state and county environmental protection and mitigation requirements relative to installation, use and removal of tanks and pumps.

Applicants shall submit and maintain on site an acceptable spill prevention, control and countermeasure plan prepared under the supervision of a professional licensed engineer. Employees shall receive spill prevention training on a regular basis.

The Planning Board may limit hours of operation or limit acceptable hours of fuel delivery where a service station adjoins residential uses.

An applicant shall evaluate site conditions and provide information, analysis, and evidence that the proposed service station will not impact groundwater resources. Mitigation measures, including but not limited to use of steel aboveground tanks encased in concrete, may be required as mitigation.

Bank with drive-through.

The minimum lot area shall be 20,000 square feet.

The drive-through facility shall be attached to the principal building. ATM facilities shall be located in or attached to the principal building.

Vehicle drive-through aisles shall not be permitted in any front yard or any required side or required rear yard. Aisles shall be screened from a public road by use of extensive landscaping and grading, including berms.

A lighting plan shall be submitted for the entire site, including the drive-through canopy. All canopy lighting shall be recessed.

Lighting shall be placed on timers and the Planning Board shall establish conditions on the hours of operation.

Freestanding bank buildings shall be architecturally treated on all sides.

The Planning Board shall approve no more than two signs per bank, which shall be limited to freestanding or facade-type signs. The freestanding sign shall not exceed 16 square feet per face. The facade sign shall be no more than two feet in height and shall not exceed 70% of the length of the facade on which it is installed.

Bed-and-breakfast.

A bed-and-breakfast shall be owner-occupied and conducted in a single-family detached dwelling. A maximum of five guest sleeping rooms shall be permitted.

Off-street parking shall not be located in a front yard and shall be screened from the street right-of-way and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for the bed-and-breakfast shall be in addition to the number of spaces required for a single-family detached dwelling. Off-street parking shall be provided as set forth in § 275-45B.[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Each bed-and-breakfast shall be maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area.

No guest shall stay for a period of time in excess of 30 consecutive days.

Each guest sleeping room shall be equipped with a properly installed and functioning smoke detector. Further, a smoke detector shall be properly installed and functioning on or near the ceiling in the room or hallway from which each bedroom rented to paying guests exists.

The owner/operator shall give reasonable access for inspections to be conducted on an annual basis to ensure compliance with this Zoning Law and the Uniform Code. Approval of the special use permit shall be conditioned upon consent of the owner to permit said inspections.

One identification sign is permitted. Said sign or display shall not exceed 16 square feet in area per face. No sign shall be located less than 15 feet from the street line. The sign may be illuminated upon approval by the Planning Board.

The owner shall maintain a guest register and shall preserve registration records for a minimum of three years.

Camp, day and seasonal.

The minimum lot area shall be 25 acres, plus 3,000 square feet per person based on the maximum occupancy to be established in conjunction with the special use permit.

Multiple buildings for sleeping quarters and tents may be permitted on a lot. No building, tent, activity, parking area, or recreation facility shall be located closer than 100 feet to any lot line, and said activities shall be effectively screened as required by the Planning Board. No two buildings intended for use as sleeping quarters shall be closer than 30 feet to each other. Tents shall maintain a separation distance to other tents of no less than 10 feet.

Amplifier systems shall be designed so as not to be audible beyond the property lines.

Sanitary and wastewater disposal systems shall be approved by the Dutchess County Department of Health. Flush toilets shall be provided.

Centralized solid waste receptacles shall be provided.

Recreational facilities accessory to the camp shall be for the use of members only.

Each camp shall be equipped with a land-line public phone.

Adequate emergency access shall be provided throughout the camp site. The Planning Board, in consultation with the applicable fire district, shall ensure that suitable surfaces are provided for internal driveways to ensure that emergency equipment can access the site.

The owner or resident manager shall keep a register of all visitors and members of the facility. The register shall include the name of a contact person for each camping party or member, his/her home address and a phone number where he/she may be reached in the event of an emergency.

No permanent dwellings shall be permitted except for one dwelling to be used by the owner or resident manager of the camp.

The resident manager or owner shall attend to the premises on a regular basis during the off-season to guard against trespass and vandalism.

Car wash.

The minimum lot area shall be 20,000 square feet. The minimum front yard shall be 50 feet, and the minimum rear and side yards shall be 25 feet. No drive lane or parking area shall be located closer than 25 feet to any property line adjoining a residential use.

The roof shape and materials of car washes shall be constructed so that they are similar to design styles of buildings in the area. Blank walls are not permitted, and false windows and facade treatments shall be provided. Pitched roofs are required.

The orientation of the drive-in bays shall be perpendicular to the public right-of-way, unless it is impracticable to do so or results in bays that face adjoining residential uses. In such cases, additional landscaping, screening, or an alternative orientation of the bays may be allowed by the Planning Board.

Parking is not permitted in the front yard.

The Planning Board may limit the hours of operation to protect the health, safety and welfare of any adjoining residential use or residential district.

Noise abatement. All accessory structures such as vacuum islands shall be situated at least 25 feet from any lot line adjoining a residential use. The Planning Board may require noise abatement such as screening, fencing or other sound-proofing methods, or may prohibit said activities in conjunction with a car wash where noise may not be mitigated.

Cemetery.

The minimum lot area shall be 40,000 square feet. Required yards shall be measured from grave sites to property lines unless a building/structure is proposed, in which case the yard is measured from the building/structure. The minimum front, rear and side yard shall be 25 feet.

All grave sites and mausoleums shall be set back at least 50 feet from a property line.

The Planning Board shall require suitable fencing, landscaping, and screening as deemed necessary to provide a buffer from any adjacent parcel of land in a residential district or in residential use and to secure the cemetery.

All cremorial units shall be set back at least 50 feet from the property line of an adjacent parcel of land in a residential district or in residential use. Cremorial units located within a mausoleum or other similar structure shall be set back at least 100 feet from the property line of any adjacent parcel of land in a residential district or in residential use.

Commercial logging/timber harvesting.

A special use permit is required for any commercial logging activity proposing harvesting of more than 50 standard cords of wood or 50,000 board feet of timber as measured by international "1/4" log rule in any one year.

All commercial timber harvesting shall comply with the most current Timber Harvesting Guidelines for New York and Best Management Practices, as promulgated by the New York State Department of Environmental Conservation (DEC) and available from the Town's Planning Department.

The timber harvesting operation shall be conducted in accordance with an approved timber harvesting plan. The timber harvesting plan shall be developed by a New York State Cooperating Consultant Forester, or a professional forester with active membership in the Society of American Foresters or the Association of Consulting Foresters. Such plan shall contain a minimum of the following information:

Location of haul roads, skid trails, landings, and staging areas.

Limits of harvesting operation and buffer zones to be provided along streams, property boundaries, and public roads.

Description of the harvesting activity; i.e., clearcutting, diameter-limit cutting, thinning, selection cutting, including the dates between which such harvesting activity will occur.

Erosion control plan.

Reclamation plan.

Permits, where appropriate, will be secured by the applicant prior to any clearing for access to a public road, stream crossing, or wetlands disturbance. The Town of Pine Plains Highway Superintendent shall approve all access.

The Planning Board may seek advice from the Dutchess County Soil and Water Conservation District in relation to logging road layout and stream disturbances.

Loading areas, which must be located in the same zone as the operation, shall be smoothed to remove all ruts and debris. Wood and soil waste materials shall be buried or removed to a point out of sight of any road or adjacent property. A fifty-foot buffer zone shall be required between any logging area or landing site and any public road or adjacent property.

No commercial logging operations or removal of products shall take place between the hours of 8:00 p.m. and 8:00 a.m.

The Zoning Enforcement Officer shall have the authority to order the suspension of logging operations if, in his opinion, conditions created by spring thaw, adverse weather or any other cause make soil erosion probable.

The Town Highway Superintendent shall have the authority to:

Order the suspension of logging operations if it is determined that conditions created by the spring thaw, adverse weather or other cause may likely damage a public road.

Restrict the weight of logging trucks in accordance with the capabilities or condition of roads, bridges and culverts.

Require the repair of roads, bridges and culverts damaged as a result of a logging operation.

All streams shall be crossed in accordance with the provisions of New York State Environmental Conservation Law Article 15 and all other applicable state and federal laws.

There shall be no skidding in any stream channel except at approved stream crossings.

Haul and skid trails shall be maintained and abandoned in a manner that will prevent erosion.

The logger shall clean up any debris or deposits of any kind on public roads and shall repair or pay the cost of repair of any damage done to roads, curbs, utility lines and any other property resulting from the logging operation.

The Zoning Enforcement Officer may require that, prior to completion of the operation, a report be filed by the forester indicating what measures have been taken in order to restore the property and prevent erosion.

(15)

The term of this permit shall be for one year. However, since the operation may be adversely affected or delayed by unusual circumstances of weather or other occurrences, a one-year extension may be granted by the Zoning Enforcement Officer. Any additional extensions shall require application to the Planning Board.

(16)

The Planning Board shall have the right to waive any of the requirements, except the requirement to notify adjacent property owners, and to add any additional conditions, including restoration of damaged roads, deemed necessary to protect the health, welfare and safety of the residents of the Town of Pine Plains.

(17)

Any logging operation in existence at the time of the enactment of this chapter may continue without interruption, provided that application be made within 30 days of said enactment for a special use permit under the provisions of this chapter and that such permit be granted by the Planning Board.

Communications facility; personal wireless service facility and/or tower.

Purpose. The purpose of these regulations is to:

Establish predictable and balanced regulations for the siting of any telecommunications facility while protecting the public health, safety and welfare, and protecting against any adverse impacts on the Town's rural, aesthetic and historic character. These regulations shall: control the location and number of towers; minimize adverse visual impacts through proper design, siting and screening; avoid potential physical damage to adjacent properties; and encourage shared use of existing tower structures.

Limit the number of telecommunications facilities in the community by requiring shared use of any existing or future tower, and encouraging the use of existing tall buildings and other high structures, in order to further minimize adverse visual effects.

Restrictions on use. No telecommunications facility, except those approved prior to the effective date of these regulations, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with these regulations. No wireless communications facility may hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a wireless communications facility unless in conformity with these regulations.

General criteria. No special use permit relating to a telecommunications facility shall be approved unless the Planning Board finds that such facility:

Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities;

Conforms to all application regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies;

Will be designed and constructed in a manner which minimizes visual impact to the extent practicable;

Is the most appropriate site among those available within the service coverage area;

Cannot be collocated on an existing structure.

Minor telecommunications facility.

The shared use of an existing structure or existing telecommunications facility shall be preferred to the construction of a new wireless communications facility. Any facility sited on an existing structure or existing wireless communications facility shall be deemed a "minor telecommunications facility."

An application proposing collocation or for any other minor telecommunications facility shall be subject to site plan review by the Planning Board in accordance with this section and Article XII of this Zoning Law. The Planning Board may require the applicant to submit any of the items required for submission in major wireless communications facilities' applications as part of the special use and site plan review process.

In addition to any requirements set forth in Article XII of this Zoning Law, an application for a minor telecommunications facility shall include the following:

Consent from the owner of the existing facility to allow shared use.

The site plan shall illustrate all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include plans for new facilities and roads. Any methods used to conceal the modification to the existing facility shall be indicated on the site plan.

An engineer's report certifying that the proposed shared use will have no impact on the structural integrity and safety of the existing structure. Any modifications to the existing structure shall be detailed in said report.

A copy of the applicant's Federal Communications Commission (FCC) license.

A visual simulation of the tower pre- and post-collocation.

The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure that the health, safety and welfare of the community are adequately addressed.

Major telecommunications facility. In addition to any requirements set forth in Subsection Q(4) above, an application for a major telecommunications facility shall include the following:

Details of the telecommunications facility and appurtenances, including, but not limited to: the number, type and design of antennas; the make, model and manufacturer of antennas; a description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color, grounding and lighting; the frequency, modulation and class of service of radio equipment; transmission and maximum effective radiated power of the antenna(s); certification that the proposed antenna(s) will not cause interference with existing communications devices; elevation drawings depicting the front, side and rear of the property, illustrating the proposed antenna, mounting device and structure, if any, on which the antenna(s) is mounted.

Detailed description and map of any existing and proposed towers or other structures of significant height (50 feet and greater) within a five-mile radius of the proposed facility, including height of structure, ground elevation, number of existing users, height available for collocation, if any, and structural deficiencies, if any.

Propagation maps showing coverage without the proposed facility, coverage with the proposed facility, coverage at lower facility heights, and coverage for each collocation possibility. Base maps should show roads and other physical features at a minimum and preferably on a USGS quadrangle base map.

Detailed analysis of collocation possibilities, including coverage overlap percentages and signal interference problems. Additional information may be requested to determine collocation potential.

A long-range plan shall be submitted, evidencing that the proposed location has been planned to result in the least number of telecommunications facilities within the Town. The plan shall indicate how the applicant intends to provide service throughout the Town, and how the applicant plans to coordinate with all other providers of telecommunications services in the Town and adjoining municipalities. The plan shall identify planned locations of additional telecommunications facility sites, additional antennas, related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and tower height, community intrusion impacts and visual and aesthetic impacts.

Documentation, sufficient to demonstrate that the height of the proposed telecommunications facility is the minimum height and bulk necessary to provide licensed services to locations within the Town which the applicant is not able to serve with existing or planned facilities, shall be provided, including evidence that visual, aesthetic and community character intrusion impacts have been minimized to the greatest extent practicable.

Shared use. The Planning Board may issue a permit for a major telecommunications facility only upon the applicant demonstrating that shared use of an existing structure is impractical. An applicant shall be required to present a report inventorying all existing structures within a one-mile radius of the proposed site located at an elevation that renders them potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed facility. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. The applicant's written request and the property owner's written responses for shared use shall be provided.

Intermunicipal notification. An applicant shall notify in writing the legislative body of each municipality that borders the Town as well as the Dutchess County Department of Planning that an application for a new telecommunications facility has been submitted to the Pine Plains Planning Board. Notification shall include the exact location of the proposed facilities and the general description of the project, including, but not limited to, the height of the facility and the capacity for future shared use.

A visual impact assessment, which shall include the following:

A viewshed analysis study area. Said area shall be that area within a five-mile radius of the proposed location of the telecommunications facility.

An identification of visually sensitive resources such as scenic roads or byways, scenic overlooks or vistas, state parks, designated historic sites, forests, wildlife management areas, historic and scenic resources identified in any County plan or Town Comprehensive Plan, and other visually sensitive locations shall be identified within the study area.

A viewshed map of the study area using a USGS digital elevation model and (DEM) data (7.5-minute series) and a computer program such as MicroDem. The viewshed shall be defined by running elevation cross sections every 0.25°, in a three-hundred-sixty-degree circle through the study area. The viewshed map is to be based on a maximum structure height above an identified base elevation in feet above sea level. The viewshed map shall define the maximum area from which the tallest element of the completed facility could potentially be seen within the study area (ignoring the screening effects of existing vegetation). Foreground (zero mile to 0.5 mile), middle ground (0.5 mile to 3.5 miles), and background (3.5 miles to five miles) should be delineated on the map.

Field verification. Assess the nature and extent of the structure's actual visibility from each identified sample area. Visibility during off-leaf conditions shall be assessed. This step will assess any screening of the facility by intervening vegetation, buildings, etc. The purpose of the field verification is to document potential project visibility based on actual field conditions, and provide a scale reference for subsequent computer-generated visual simulations. A balloon test, using a brightly colored balloon, shall be raised to a height above the existing grade that approximates the finished elevation of the tower. The Planning Board may require that a crane be used to simulate the tower height. Weather conditions shall be favorable throughout most of the day. The visibility of the balloon from sensitive vantage points shall be documented. Photos shall be taken using a lens setting at 50 mm to simulate normal human eyesight. The time, date, and location of each photo shall be logged and the visibility from each site noted. The date and time of the balloon test shall be announced to the public in advance, and the Planning Board shall observe the balloon test or other method of field verification approved by the Planning Board.

Photosimulations. Viewpoints showing representative views of the proposed project will be selected for photosimulation. Existing conditions (which will have the balloon in the photo) shall be compared to computer-assisted visual simulations of the same view following completion of the proposed project.

Assessment. The visual impact of the facility on the landscape shall be assessed, taking into consideration the viewpoint that will be affected. Where a significant visual impact is identified by the Planning Board, the applicant shall describe methods to mitigate said impacts.

Design criteria.

Location, lot size and setbacks. The minimum lot size shall be determined by the amount of land required to meet the minimum yard requirements but in no event shall it be less than three acres. If the land is to be leased, the entire area required shall be leased from a single parcel. A telecommunications facility shall be located a minimum distance from any property line equal to 1.5 times the height of the facility and three times the height of the facility from occupied buildings and structures. Accessory structures shall be located no less than 50 feet from any lot line. The maximum height of a telecommunications facility, including any antennas or other devices extending above the tower, measured from the ground surface shall be 150 feet. The Planning Board may require the submission of structural or other data that establishes the fall zone for the facility.

Collocation. Any new telecommunications facility shall be designed to allow collocation of additional providers. The applicant shall submit to the Planning Board an irrevocable letter of intent committing the owner of the telecommunications facility, and its successors in interest, to permit shared use of the proposed facility by other telecommunications providers in the future. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. The letter shall commit the applicant and its successors in interest to the following:

To notify all carriers licensed to provide telecommunications services within the Town of its application and that it will entertain requests for collocation.

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

To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.

Visibility.

A tower shall be of a galvanized finish or painted a color designed to blend the facility into the natural surroundings to the maximum extent.

A tower shall be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Accessory structures shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. Any lighting, if required, shall be minimized and shall be properly shielded to prevent light emission and glare onto adjoining properties.

Structures offering slender silhouettes (i.e., monopole) are preferable to freestanding lattice structures except where such freestanding structures offer capacity for future shared use. The Planning Board shall consider the type of structure being proposed in relation to the surrounding area.

A telecommunications facility shall not be situated on the crest of any ridgeline. The facility shall be located no less than 100 feet from the crest, and shall be situated at a topographic elevation at least 75 feet below the elevation of the crest.

The Planning Board may require that the telecommunications facility be camouflaged, e.g., mimicking the appearance of steeples, tree, silo, or other design compatible with the surrounding visual environment, where it determines that the facility would have a visual impact on the environment.

Vegetation and screening.

Existing on-site vegetation shall be preserved to the maximum extent practicable. Clearcutting of all trees in a single contiguous area shall be minimized to the extent possible.

The Planning Board may require vegetative screening around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer views from adjoining properties.

Access and parking. A driveway and parking will be provided in a manner to assure adequate emergency and service access.

Signage. The use of any portion of a telecommunications facility for signs for promotional or advertising purposes is prohibited. For safety purposes, each site shall include a sign containing the name of the owner and operator of any antenna present, including an emergency phone number. Any door giving access to a roof-mounted antenna and all entrances to any fenced enclosure shall be similarly signed.

Security.

Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height.

There shall be no permanent climbing pegs within 15 feet of the ground.

Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site.

A locked gate at the junction of the driveway and a road giving access thereto may be required to obstruct entry by unauthorized vehicles.

Noise and electricity. All electrical power supply to service the on-site buildings and appurtenances supporting the facility operations shall be installed underground. Noise suppression shall be utilized in the structural design and construction of the tower and all appurtenances. No facility or its appurtenances shall generate noise in excess of 57 dBA measured at any lot line between the hours of 7:00 a.m. and 10:00 p.m., and in excess of 47 dBA between the hours of 10:00 p.m. and 7:00 a.m.

Engineering standards. A telecommunications facility shall be built, operated and maintained to acceptable industry standards. Each application must contain a site plan for the facility containing the signature of an engineer licensed by the State of New York. Every facility shall be inspected at least every second year for structural integrity by a New York licensed engineer. A copy of the inspection report shall be submitted to the Town.

Requirements imposed on approval.

The special permit shall be valid for a period of five years from the date of issuance. Prior to renewal of the special permit, the facility owner shall conduct an inspection of its structural integrity and safety by an independent licensed professional structural engineer. A report of the inspection results shall be certified and submitted to the ZEO. Any major modifications of an existing facility, including changes to antenna numbers or type, shall require a special permit amendment and new structural inspection.

Abandonment and removal. At the time of submission of the application for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility, if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. The Planning Board has the authority to require a bond to ensure the removal of any telecommunications facility.

An extension of up to six months may be granted by the Zoning Enforcement Officer upon a written request, including proof as determined reasonable by the ZEO that the owner is actively engaged in the marketing of the property for sale or rent.

In the event that the facility is not removed and the site restored as herein required, the Town, after notice and hearing, may cause the same to be removed and the site restored at the expense of the property owner, the costs to be assessed in the same manner as a real property tax.

Operational certification. Within 45 days of operation of the telecommunications facility, the operator shall submit to the ZEO a written certification prepared by a professional engineer that the operation facility is in compliance with the application submitted, any conditions imposed and all other provisions of this Zoning Law as a condition to continue operating past the forty-five-day period. The Town may confirm and periodically reconfirm compliance as necessary to ensure that the provisions of this chapter, including NIER level thresholds, as set forth by the FCC are in compliance. The owner/operator of the facility shall supply all necessary documentation to permit the Town to make such a determination regarding compliance. If found not to be in compliance, the facility shall cease operation until compliance is restored.

Fees and insurance.

Preexisting uses. Any legal nonconforming telecommunications facility shall be permitted to continue until such time as said facility is enlarged, altered, or modified, at which time said facility shall be required to obtain special use permit approval in compliance with this subsection and the Zoning Law.

Convenience store associated with gasoline service station.

A convenience store is allowed on the same lot as a gasoline service station subject to the conditions set forth herein. The required front yard shall be 25 feet, and the required side and required rear yard shall be 25 feet.

The minimum lot area shall be one acre.

The maximum gross floor area of the convenience store shall be 2,500 square feet.

Parking for the convenience store shall not be permitted in the required front yard.

No more than 10% of the gross floor area of the convenience store shall be dedicated to seating facilities.

Exterior display of merchandise for sale is allowed only on a paved walkway within three feet of the exterior facade of the convenience store.

Loading areas shall be so located to minimize any impact on the neighborhood. The Planning Board may require screening and buffers where the lot adjoins a residential use or district.

At least one entrance and all principal windows shall be street-oriented.

Day-care center. Day-care centers authorized by the New York State Office of Children and Family Services shall be subject to the following:

Application narrative. The special use permit application shall be accompanied by a narrative description of the proposed occupancy of the facility by age group, i.e., infant, toddler, and school age, and the hours of operation of the facility.

The minimum lot area shall be one acre.

Floor plan. A preliminary floor plan of the child day-care center shall be submitted.

Parking. One parking space shall be provided per employee. Additional parking spaces shall be provided for dropoff and pickup of children at a rate of no less than one parking space per 15 children. Said spaces shall be provided directly in front of the facility along an internal driveway or in an approved parking area. The location for dropoff parking shall include a consideration of emergency access, and shall be determined by the Planning Board during site plan review. The dropoff location shall be clearly posted with appropriate signage or pavement markings. Fire lanes shall not be used for dropoff areas.

A fenced-in outdoor play area shall be provided, and said play area shall not be located nearer than 50 feet to any street or lot line. A minimum outdoor play area of 125 square feet per child under three years of age, or per child three and over, whichever is greater, shall be provided. Outdoor play areas shall be located a minimum distance of 25 feet from any parking area. The Planning Board may vary these setback requirements on a case-by-case basis to ensure that play areas are adequately screened and buffered from vehicular areas. Outdoor play areas shall be directly accessible from the principal structure, and shall not require crossing any street, driveway, or parking area for access. The Planning Board may, as part of site plan review and in consultation with the prospective operator, modify the area requirement to apply only to the largest age group enrollment scheduled to use the outdoor play area at one time.

Minimum indoor play area. A minimum indoor play area shall be provided in accordance with the New York State Social Services Law regulating child day-care centers. Areas used for large motor activity, staff lounges, storage spaces, halls, bathrooms, kitchens and offices shall not be included in the calculation of the 35 square feet per child requirement.

Noise and visual screening. Operation of a child day-care center shall be conducted in a manner which minimizes any impacts to adjoining residential uses. The Planning Board shall determine the appropriate combination of materials to buffer and screen the outdoor play area, which may include a combination of berm, fence and landscape materials.

Ingress and egress. Said facility shall provide a minimum of two access drives.

Traffic considerations. Due to the special occupancy of a child day-care center, a center shall be situated on properties which afford safe internal and external traffic circulation. In order for the Planning Board to make this determination, a traffic impact study shall be submitted with the special use permit application and shall include, but not be limited to: a traffic capacity analysis, sight distance calculations, study of internal traffic circulation. The study shall include the submission of traffic data from existing comparable facilities. The Planning Board may impose reasonable conditions, including but not limited to restrictions on traffic flow and direction into and out of the center, based on the results of the traffic impact study.

Security. To ensure adequate safety to the occupants of the child day-care center, the applicant shall demonstrate that reasonable measures may be implemented to secure the center from entry by persons other than employees, children being cared for, and their parents or guardians. Security measures may include, but are not limited to, appropriate locations for lighting and internal security systems.

Educational facility.

Such schools shall be nonprofit organizations within the meaning of the Internal Revenue Act, or shall be a nonpublic school or institution conducting a regular, scheduled curriculum of study similar to that of the public schools and operated by a nonstock corporation under the Education Law of New York State.

The prime purpose shall be the general education in the arts and sciences, chartered by the Board of Regents of the State of New York. The Planning Board may condition continued approval of a special use for a school upon receiving registration of the school from the Board of Regents in accordance with the regulations of the New York State Education Department.

Such schools shall have site areas of five acres, plus two acres for each 100 pupils, with a minimum of 10 acres.

Outdoor playing fields shall be screened from public view by trees, hedges or other suitable landscaping.

Adequate roads for ingress and egress shall be provided, which roads shall create no unusual traffic hazard or traffic congestion.

Lot coverage and building coverage requirements shall match the zoning district within which the educational facility is located.

[Amended 9-16-2021 by L.L. No. 1-2021]

The maximum permitted building height for such schools may be increased to three stories and 45 feet, whichever is greater, provided that the minimum property line setback for buildings shall be three times the building height of the tallest building.

Appropriate buffer screening shall be designed and installed within setback areas adjoining or facing residential properties, to the extent determined appropriate by the Planning Board.

Dormitory dwellings are not allowed incidental or accessory to an educational facility as part of this special use.

Principal education facility building size. The maximum size of the principal educational facility building is 12,000 square feet of gross floor area, consistent with § 275-17C(3), Building size limitations. The Planning Board may issue a special permit for a larger principal building if the following conditions are satisfied:

[Added 9-16-2021 by L.L. No. 1-2021]

The applicant must submit a full environmental assessment form (EAF) consistent with the State Environmental Quality Review Act.[5] The Planning Board may require that the full environmental assessment form have appendixes detailing impacts to natural resources, transportation and parking, visual resources, or other impact areas.

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

Equipment storage.

The outside storage of goods, supplies, parts, materials, or heavy equipment must be located in the rear yard only and screened from adjacent residential uses or shall be stored in an enclosed structure.

Outside storage areas shall not exceed 25% of the lot area.

Parking shall not be permitted in a front yard. Parking areas shall be completely screened from view of the public road and adjacent residential uses.

The Planning Board shall evaluate impacts related to noise, traffic, hours of operation, and lighting requirements and shall minimize negative impacts on adjacent uses.

Farm market. A farm market shall be a use permitted in conjunction with an agricultural operation, subject to the following:

The farm market must be operated as an accessory use to the principal use of agricultural operation and shall only be for the use of the owner-applicant.

The farm market shall be located on the same property as the agricultural operation.

At least 2/3 of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural products shall be grown, raised or produced on the property on which the market is located. Notwithstanding the aforementioned restrictions, the farm market may sell supporting agricultural products and products not grown by the owner-applicant, provided that said products do not exceed 1/3 of the total annual retail sales of the farm market. Processed food, where the majority of the ingredients are grown on the farm, shall not be considered supporting farm products subject to the one-third-annual-sales limitation. Receipts and records of such purchases must be kept by the owner-applicant. Supporting farm products include but shall not necessarily be limited to baked goods, eggs, dairy products, preserves, syrups, herbal vinegars and salad dressings. Supporting farm products shall not include prepackaged grocery items or tropical fruits. The purpose of this provision is ensure that farm markets are limited primarily to the sale of locally grown products. A conventional grocery store or supermarket shall not be deemed a "farm market."

The farm market may also sell food prepared on premises for off-site consumption, utilizing agricultural and farm products sold at the farm market.

The farm market may sponsor and conduct farm and harvest festivals on site, provided that the number of festivals conducted by the farm market each year is not greater than four and the festivals are designed to provide agricultural marketing and promotional opportunities for the agricultural operation and/or the region's agricultural producers, and further provided that each such festival receives Planning Board approval in conjunction with the special use permit.

A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 10% of the gross floor area of the market.

The Planning Board shall have the power to permit a structure or use of space exceeding the maximum building allowed in the R District, or allow a building containing a second story, and/or allow the food preparation area to occupy a greater percentage of the gross floor area of the market without the requirement of an application for an area variance, provided that the applicant can demonstrate that such additional square footage and/or storage area and/or larger food preparation area is shown to be necessary to the proposed farm market operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties by reason of traffic, noise, or other adverse impacts, and will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.

Golf course.

A special use permit shall be required to operate a golf course, including all uses and structures accessory thereto. The following uses shall be permitted as accessory uses to a golf course: clubhouse (including dining rooms, common rooms, pro shop, social rooms, kitchen, recreation facilities, and locker rooms), snack bar/refreshment stand, a groundskeeper residence, putting greens, practice range, parking, maintenance facility, garage, cart storage facility, water supply impoundments and other uses and buildings that the approving agency determines are accessory to the golf course use. The proposed golf course shall be integrated with any existing development and land uses adjacent to the site, including safe locations for golf holes (tees, holes and greens), and practice areas, as related to adjacent roads, residential development, and other neighboring improvements. The maximum gross floor area and building footprint for a golf course structure may exceed those established in § 275-17C where it is determined that said increase will not have a detrimental visual impact on adjoining properties.

Where a golf course site is adjacent to, contains, or incorporates floodplains, open water, watercourses, trails, flyways, and conservation areas, the applicant may be required to provide and maintain an adequately designed walking trail easement within the property open to the public in furtherance of the Town's goal of linking open spaces in the community. The pedestrian easement shall be located so it does not interfere with play and shall be appropriately isolated from the general operation of the golf course.

Assurances shall be provided by the applicant that the necessary infrastructure and utilities, including sanitary disposal system, potable water and irrigation water, are available from on-site municipal or private systems. The provision of infrastructure and utilities shall not have a detrimental impact on groundwater or surface water resources.

The golf course shall have two safe and adequate access points from one or more public roads. One of the two accesses may be provided for emergency access only if, in the determination of the Planning Board, said arrangement provides adequate access. The two means of access shall be connected internally and may be achieved by use of a stabilized surface sufficient to allow passage by emergency vehicles.

Adequate provisions shall be made for solid waste collection and storage. All solid waste storage shall be adequately screened and buffered.

One monument sign not exceeding 16 square feet shall be permitted at the entrance to the golf course. All other signs shall be directional signs and each shall not exceed four square feet. All signs, including size, location, materials and design, shall be approved as part of site plan approval. The Planning Board may approve an additional monument sign at the second access.

Amplifier systems shall be designed so as not to be audible beyond the property lines.

The number of parking spaces shall be as few as necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and submitted at the same time as the special use permit application.

A minimum vegetative buffer shall be maintained between any watercourse or wetland and any turf area which is to be treated chemically. The Planning Board shall retain an ecologist and/or other specialist(s) to review the plans and recommend appropriate buffer sizes which will depend on the specific nature of the watercourse or wetland to be protected. The buffer shall be of sufficient size and design to protect the surface water from chemicals carried by stormwater runoff. The Planning Board may consider alternative methods of protecting wetlands and watercourses, e.g., diversion of runoff via swales, where it determines that said methods protect watercourses, wetlands and other natural water bodies.

Special events open to the general public, such as tournaments, shall be approved by the Planning Board. Adequate provisions shall be made by the golf course operator to handle the crowd generated by such an event and to satisfactorily mitigate off-site impacts, including traffic management, parking, trash removal and waste disposal, security and safety and utility demand. The golf course may be required to post a performance guarantee for these purposes. All local permissions and permits required for a special event shall be obtained prior to the event.

The course shall be designed, to the extent practicable, in a manner that preserves existing woodland and wooded corridors. Clearance of woodland shall not exceed 50% of the total acreage of the lot on which the golf course shall be situated.

Turf management and water quality. As part of the application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with any guidelines established by the New York State Department of Environmental Conservation and shall also take into consideration guidelines established by the United States Golf Association. These plans must include best management practices to prevent or minimize adverse impacts of chemical applications on the groundwater and surface water resources to which the golf course contributes drainage.

Assurances shall be provided that any adverse impacts on groundwater or surface water quality attributable to the golf course will be mitigated. The applicant shall provide for the monitoring of the water quality of groundwater and surface water resources. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the integrated turf management plan and integrated pest management plan are approved as part of the application. The applicant may be required to install permanent water quality monitoring devices to monitor water quality on an ongoing basis. The Planning Board and the applicant shall mutually agree to an independent consultant who shall be responsible for carrying out the monitoring program, and the cost of the monitoring shall be borne by the applicant/owner of the golf course facility. The results and findings of any water quality monitoring shall be submitted by the owner to the Town to ensure compliance with the conditions of special use permit approval.

Inpatient health-care facility.

Inpatient health-care facilities may include a general health-care hospital, convalescent homes and nursing homes. Facilities may consist of one or more principal buildings on a lot.

All buildings associated with an inpatient health care facility shall be located at least 100 feet from any property line.

The minimum area of the lot shall be five acres. The distance between buildings shall be at least equal to twice the height of the taller building.

All other bulk regulations shall be those established for the applicable zoning district.

Staff quarters may be permitted as accessory buildings. Use of such staff quarters shall be limited exclusively to nurses or other members of the facility staff.

Parking areas shall be located at least 50 feet from all property lines.

The maximum permitted density shall not exceed one patient bed for each 5,000 square feet of lot area.

Kennels and veterinary hospitals.

In considering the application for a special permit for a kennel or veterinary hospital, the Planning Board shall 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.

Animal waste shall disposed of in a manner acceptable to the Dutchess County Department of Health.

Crematoria or land burial of animals in association with a kennel or veterinary hospital shall be prohibited.

The minimum lot area required shall be two acres plus 500 square feet for the number of animals to be boarded.

All facilities associated directly with the kennel or veterinary hospital, whether indoors or outdoors, shall be set back a minimum of 200 feet from any property line.

The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses, which may include the use of soundproofing.

The Planning Board may require screening of outdoor runs from view.

Lodging.

The minimum lot area shall be one acre. One or more principal buildings may be located on a lot. A principal building shall be separated from another principal building a distance no less than 25 feet.

Guest sleeping rooms shall not contain kitchen facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one guest sleeping room for each 3,000 square feet of lot area in addition to the minimum lot area required herein.

Each guest sleeping room shall have an area of at least 300 square feet and shall be equipped with a bath facility with a shower or bath, one toilet facility and sink.

The following accessory uses shall be permitted:

One apartment, with or without kitchen facilities, for the use of the hotel or motel manager or caretaker and his family within the lodging facility.

A coffee shop/dining room. Such facilities shall be located within the principal building.

Recreation facilities for the sole use of guests, including:

Swimming pool.

Children's playground.

Tennis and other game courts.

Game or recreation rooms.

Office and lobby, provision of which shall be mandatory for lodging.

Breakfast, meeting and/or conference rooms and banquet facilities.

AA.

Manufacturing.

The minimum lot area shall be five acres and the lot shall maintain no less than 100 feet of frontage on a county or state road. No more than one principal building shall be permitted on a lot. The manufacturing building shall be set back no less than 100 feet from any lot line.

No sales to the general public shall be permitted.

All uses, processes and storage shall be within a fully enclosed structure, and no tanks or other apparatus incidental to the processing shall be visible outside of a manufacturing building. The facade of buildings and structures shall be compatible with the rural character and adjacent development and the site shall be fully landscaped.

One business identification shall be permitted, and the sign face shall not exceed 16 square feet in area. No more than two sign faces are permitted. The Planning Board may approve a directly illuminated sign.

The applicant shall submit a list of the goods and materials to be stored and manufactured on the property. The Planning Board shall consider the nature of the materials, including potential flammable/hazardous nature of same, and may impose restrictions on the storage of said materials, or prohibit same.

Parking shall not be permitted in the front yard.

The location and hours of operation of all on-site lighting shall be approved by the Planning Board. Public address systems are prohibited.

The Planning Board may require a wall, fence, landscaping or other buffer to be installed where a property adjoins a residential use. Said buffer shall be no less than 10 feet in width.

BB.

Membership club, multiple-use social and recreation.

Minimum lot size. The minimum acreage for a membership club shall be 500 acres.

Multiple uses. Multiple principal buildings and principal uses are permitted on a single lot.

Setbacks. Principal buildings shall be set back no less than 100 feet from any property line.

Outdoor recreation facilities. Where outdoor recreation facilities are allowed, said facilities shall be located in a manner that minimizes potential impacts on nearby residential properties. Consideration shall be given to locating outdoor facilities away from residential property lines. The Planning Board may require that said facilities be screened from adjoining residential properties through use of vegetation, fencing or a combination thereof.

Shooting preserve. Any shooting preserve operated in association with a membership club shall conform to the standards set forth in Subsection LL of this § 275-56 without the necessity of having to obtain a separate special use permit. The Planning Board may waive any of the requirements associated with a shooting preserve based on a finding that said standards are not requisite to health, safety and welfare.

Lodging. Guest sleeping rooms shall be permitted in conjunction with the club. No more than 20 guest sleeping rooms shall be permitted per building. One guest sleeping room shall be permitted for each 10,000 square feet of lot area. In addition, individual stand-alone guest units are permitted, not to exceed 1,250 square feet of guest unit gross floor area for every five acres of lot area. The maximum number of guest sleeping rooms shall not exceed 20, and the maximum cumulative gross floor area of all guest units shall not exceed 25,000 square feet, including residences in existence on the date of adoption of this section, which if used as guest units shall be counted toward the cumulative total. However, no individual guest unit shall exceed 5,000 square feet of gross floor area.

The following accessory uses shall be permitted in association with a club:

Dwelling unit(s) for the exclusive use of the club manager(s).

Dining rooms, including beverage service, for use by the members and guests.

Storage and other maintenance areas.

Clubhouse facility, which may be used for any of the uses set forth in this section.

Indoor recreation and entertainment facilities.

Extraction of soil, gravel and similar materials used exclusively for the maintenance, operation and repair of the club.

Indoor recreation facilities such as indoor riding ring, lockers, snack bar, tack room, and similar uses.

Administrative offices.

Sale of equipment associated with the recreational activities conducted on the premises.

(j)

Outdoor or tented events with food and beverage service, whether in conjunction with recreational activities or otherwise, such as holiday parties, on an occasional basis.

(k)

Other uses that the Planning Board finds are consistent with the operation of the membership club and clearly incidental to said use.

Signs. One identification sign is permitted at each full-access entrance to the club. The maximum height shall be six feet and the maximum sign area shall be 16 square feet per sign face.

On-site housing for animals. A club is permitted to house animals used in the operation of its social and recreational activities. There shall be no stabling or housing of animals or storage or use of manure or other dust-producing substances within 200 feet of any lot line, except the pasturing of animals during the normal growing season. Appropriate structures such as concrete platforms or containers or similar devices shall be required to store manure on site to prevent its seepage into the ground.

Parking. Adequate on-site parking shall be provided for the members and its guests.

Guests. For purposes of this Subsection BB, "guests" shall include invitees.

CC.

Office use in the R District.

The purpose of this special use is to allow opportunities for the adaptive reuse of existing buildings in the R District. One or more principal buildings are allowed on a lot.

An office use shall be conducted in a principal or accessory building in existence on the effective date of this Zoning Law.

The maximum size of the office shall not exceed the building footprint and maximum gross floor area requirements set forth in § 275-17C.

DD.

Public utilities.

Public utility buildings, including but not limited to water supply reservoirs, wells, sewage treatment plants, water treatment facilities and transmission lines and utility poles for electric power (69 Kv or higher voltage), telephone buildings and natural gas pipelines are subject to these special use requirements.

These uses shall be subject to a finding, in addition to the general standards set forth in § 275-55, that a public necessity exists for such use, and that use of the particular site for which application is made is necessary from the public standpoint.

The Planning Board may require that such use be enclosed by protective fencing with a gate, which shall be closed and locked except when necessary to obtain access thereto.

The installation shall be so designed, enclosed, painted and screened with fencing and/or landscaping that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained.

Adequate off-street parking areas shall exist or be provided for maintenance, service or other vehicles.

In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining properties.

EE.

Recreation, commercial indoor and commercial outdoor.

Minimum bulk requirements. No portion of any outdoor commercial recreation facility area shall be located closer than 50 feet to any property line. Parking shall not be permitted in the front yard. One or more recreational uses are allowed on a lot.

Location. Where outdoor recreation facilities are allowed, said facilities shall be located on-site and in a manner that minimizes potential impacts on nearby residential properties. Consideration shall be given to locating outdoor facilities away from residential property lines. The approving board may require that said facilities be screened from adjoining residential properties through use of vegetation, fencing or a combination thereof.

Hours of operation. The hours of operation may be limited to minimize impacts associated with noise, lighting, traffic and similar potential effects which may be disruptive to adjoining uses.

Site lighting. A lighting plan shall be provided and designed so as not to affect adjoining residential properties. The Planning Board may approve a light fixture that exceeds the height set forth in § 275-38, Lighting, for an outdoor recreation use, provided it finds that the lighting is integral to operation of the activity and there will be no detrimental impact on adjoining uses.

Noise. Adequate evidence shall be furnished by the applicant demonstrating that noise levels will not likely disturb nearby residential properties. Such evidence must take into account the nature of the activity, the general demeanor of the participants, the frequency of the activity and the time and day of the proposed activity. Public address systems are prohibited.

Waste. The site plan shall demonstrate that wastes, including runoff containing fertilizer, pesticides, as well as solid waste, will be contained, treated and disposed of in accordance with applicable local, county, state and federal regulations. The Planning Board shall approve the location of any portable toilet or other temporary waste disposal system that may be allowed in conjunction with an outdoor recreation facility.

Safety considerations. Where outdoor recreation facilities are allowed, the approving board shall consider the need for safety nets and similar design elements to secure stray balls or other equipment from reaching adjoining properties.

Special considerations. Because the range of recreational activities allowed as components of commercial recreation establishments is broad and the characteristics and intensity of use may vary, the approving board may impose such additional requirements as may be necessary to provide adequate protection to adjoining and nearby properties, considering the proposed activity, the proposed location and the nature of the adjoining community.

FF.

Research and laboratory use.

The minimum lot area shall be five acres and the lot shall maintain no less than 100 feet of frontage on a county or state road. No more than one principal building shall be permitted on a lot. The principal building shall be set back no less than 100 feet from any lot line.

No sales to the general public shall be permitted.

Parking shall not be permitted in the front yard.

The location and hours of operation of all on-site lighting shall be approved by the Planning Board. Public address systems are prohibited.

The Planning Board may require a wall, fence, landscaping or other buffer to be installed where a property adjoins a residential use. Said buffer shall be no less than 10 feet in width.

GG.

Resort.

The minimum lot area shall be 10 acres. The minimum lot frontage shall be 300 feet, to be located on a county or state road. The required front yard shall be 50 feet, which shall be amply landscaped. One or more principal buildings are allowed on a lot.

Principal resort building size.

[Added 9-16-2021 by L.L. No. 1-2021[6]]

The maximum size of the principal resort building is 12,000 square feet of gross floor area, consistent with § 275-17C(3), Building size limitations.

The Planning Board may issue a special permit for a larger principal resort building if the following conditions are satisfied:

The total resort property must be 100 acres or more.

The applicant must submit an environmental impact statement (EIS) consistent with the State Environmental Quality Review Act.[7] The Planning Board, after completion of the environmental review process, may allow a larger size based upon the results and analysis contained in the EIS.

[7]

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

Editor's Note: Pursuant to the provisions of this local law, former Subsection GG(2) through (7) were redesignated as Subsection GG(3) through (8), respectively.

Retail, office or personal business uses shall be clearly incidental to the resort, and shall cumulatively total less than 5% of the gross floor area devoted to overnight accommodations.

One guest sleeping room shall be allowed for every 4,000 square feet of lot area.

Principal buildings shall be set back 100 feet from any property line, and accessory structures shall be set back 50 feet from any lot line. Outdoor recreation uses, including ball courts and swimming pools, shall be set back 100 feet from any lot line.

Building height. The maximum building height for resort structures shall be three stories or 40 feet, whichever is less.

[Added 9-16-2021 by L.L. No. 1-2021[8]]

[8]

Editor's Note: Pursuant to the provisions of this local law, former Subsection GG(6) through (8) were redesignated as Subsection GG(7) through (9), respectively.

Parking. The minimum parking requirements are as follows:

For each guest sleeping room: 1.2 parking spaces.

For each 50 square feet of dining area: one parking space.

For each two seats in meeting rooms or group assembly areas: one parking space.

For each 300 square feet of retail, office or personal service use: one parking space.

Shared parking. The Planning Board may reduce the cumulative parking requirements where the applicant can demonstrate that there can be shared parking among the individual uses of the resort.

[Added 9-16-2021 by L.L. No. 1-2021]

No loading, truck parking, trash containers or outdoor storage area shall be located within 100 feet of adjacent residentially zoned property. All such areas shall provide visual and noise screening to minimize impacts on adjacent residential property.

Signs.

One identification sign is permitted at each entrance to the resort. The maximum height shall be six feet, and the maximum sign area shall be 16 square feet per sign face.

On entrances from all other streets, the maximum height shall be four feet and the maximum area shall be 16 square feet, aggregate.

HH.

Restaurant.

The purpose of this special use is to allow opportunities for the adaptive reuse of existing buildings in the R District. The restaurant use shall be conducted in a principal building in existence on the effective date of this Zoning Law. The size of an existing building may be expanded to accommodate the restaurant use but shall not exceed the maximum building footprint or gross floor area applicable to nonresidential uses in the R District as per § 275-17C of this Zoning Law.

Parking is not permitted in the front yard.

An applicant shall clearly demonstrate that the use will be compatible with the adjoining uses, particularly with regard to traffic circulation, parking, and appearance. No more than two curb cuts per lot frontage shall be allowed.

The Planning Board shall approve the location of loading areas. Sufficient screening shall be provided to buffer the site and limit noise impacts on adjacent residences.

Where a residential or historic building is proposed to be converted to a restaurant, exterior alterations shall be made in a manner that preserves the essential residential or historic character of the building.

II.

Riding stable or academy.

One stable stall shall be provided for each horse housed on the site unless it is demonstrated that a stable stall is not appropriate for the horse. There shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line.

Public events, horse shows, rodeos and competitive events held in connection with a riding academy shall require special use permit approval prior to the event being held. The Planning Board shall review said activities to ensure the property has sufficient areas for parking and utility capacity (water and sewer) to accommodate the event.

The use of outdoor public-address systems may be permitted, provided that the sound shall not be audible beyond the property line.

The site plan shall illustrate a plan of manure storage and processing. Appropriate structures such as concrete platforms or containers or similar devices shall be required to store manure on site to prevent its seepage into the ground.

The riding academy is permitted a principal building which may have an indoor riding ring, lockers, snack bar, tack room, and similar uses clearly incidental to the function of the property as a riding academy. Said building shall not exceed the maximum building footprint established for the district in which the use is situated. Accessory structures, including but not limited to outdoor riding rings, trails, cross-country jumps, stables, and equipment storage, are allowed. No accessory building shall be situated closer than 25 feet to an adjoining lot line.

JJ.

Self-storage facility.

The minimum required front yard shall be 35 feet. One or more principal buildings are allowed on a lot.

No security fencing, security gate, or other obstruction to vehicle access shall be permitted in the required front yard or in any required transitional yard.

No door opening for any rental unit shall be constructed facing any residential use. Door openings for rental units shall face the interior of the site unless impracticable.

One on-site dwelling is permitted for use of a resident manager in addition to the self-storage facility. The minimum lot area shall be five acres where an on-site dwelling is allowed. The dwelling shall be located no closer than 75 feet to the storage facility and shall meet all other bulk requirements for the self-storage use.

The roof shape and materials shall be pitched and compatible with the design and materials of neighboring buildings and shall meet all design and site requirements for the district.

Views of the storage facility from any public road shall be fully screened.

All parking shall be located in the rear yard. The Planning Board may permit parking in the side yard if the parking is adequately screened from the public road and property line.

Storage units shall not be used for the servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment; or for office, retail, manufacturing or other similar uses.

No activities such as miscellaneous or garage sales shall be conducted on the premises.

All storage shall be conducted in an enclosed building.

An on-site office for a manager is allowed accessory to the storage use.

Electrically charged, barbed wire or razor wire fencing is not permitted. Fencing shall not be permitted in a required front yard.

Spacing between storage structures shall be a minimum of 20 feet, and emergency access shall be provided to at least three sides of all structures.

A lighting plan shall be submitted for review and approval by the Planning Board.

KK.

Service business with or without customers on site.

Parking is not permitted in the front yard.

Applicants must clearly demonstrate that the use will be compatible with the adjoining uses, particularly with regard to traffic circulation, parking, and appearance. No more than two curb cuts per lot frontage shall be allowed.

The Planning Board shall approve the location of loading areas. Sufficient screening shall be provided to buffer the site and limit noise impacts on adjacent residences.

Where a residential building is proposed to be converted to a service business, exterior alterations shall be made in a manner that preserves the essential residential character of the building.

LL.

Shooting preserve.

The minimum lot area shall be 200 acres.

DEC license required. No special use permit for a shooting preserve shall be issued until the applicant has obtained a shooting preserve license issued by the Department of Environmental Conservation pursuant to § 11-1903 of the Environmental Conservation Law. Licensed shooting preserves that exist at the time of enactment of this Zoning Law shall be considered a nonconforming use and shall be allowed to continue operation without issuance of a Town of Pine Plains special use permit pursuant to this subsection.

Setbacks. All shooting shall take place a minimum distance of 1,000 feet from any lot line. An exception to this requirement may be allowed with written permission from the adjoining landowner(s).

Buildings. A shooting preserve is permitted a principal building for the conduct of the business and assembly of members.

The Planning Board may impose such conditions and restrictions on the operation of the shooting preserve which, in its discretion, are necessary to mitigate nuisances such as noise and protect the public safety.

As a condition of special use permit approval, the applicant shall agree to the conduct of annual inspections by the ZEO.

The Planning Board may impose restrictions and conditions including, but not necessarily limited to, the following:

Limitations on hours of operation and discharge of firearms.

Increased setback requirements.

Requirement of vegetative screening, buffering and/or berm.

Limitations on areas within the preserve property in which firearms may be discharged.

Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition.

Application materials. In addition to any special use or site plan review application requirements, applications for a shooting preserve shall include a narrative of all proposed shooting preserve activities, a statement as to the nature and extent of the proposed shooting preserve operation, and a copy of the shooting preserve license issued by the Department of Environmental Conservation.

MM.

Warehouse.

No more than one principal building shall be permitted on a lot. The warehouse building shall be set back no less than 100 feet from any lot line.

Outdoor storage and display shall not be permitted in connection with a warehouse.

No sales to the general public shall be permitted.

The applicant shall submit a list of the goods and materials to be warehoused on the property. The Planning Board shall consider the nature of the materials, including the potential flammable/hazardous nature of same, and may impose restrictions on the storage of said materials, or prohibit same.

Parking shall not be permitted in the front yard.

The location and hours of operation of all on-site lighting shall be approved by the Planning Board. Public address systems are prohibited.

The Planning Board may require a wall, fence, landscaping or other buffer to be installed where a property adjoins a residential use. Said buffer shall be no less than 10 feet in width.

NN.

Zoo.

The minimum lot area shall be 25 acres. The zoo shall maintain frontage of no less than 300 feet on a county or state road. Uses to be allowed in conjunction with a zoo include, but are not limited to: indoor and outdoor displays, parking, offices, a snack bar or refreshment stand for use by the general public, incidental retail sale of merchandise, public bathrooms, a single-family detached dwelling used as a caretaker's residence. The Planning Board shall find that uses are clearly incidental to the operation of the zoo.

The Planning Board shall consider the number, size, breed and temperament of animals to be housed and impose reasonable conditions to protect adjoining uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community. The Planning Board may prohibit the housing of animals where it determines that said animals would pose a safety risk to the general public.

Animal waste shall be disposed of in a manner acceptable to the Department of Health. Crematoria shall be reviewed as part of the special use permit.

All principal and accessory buildings and structures associated with the zoo, whether indoors or outdoors, shall be set back a minimum of 200 feet from any property line.

Depending on the nature of the animals to be housed at the facility, the Planning Board may require that the site be secured with appropriate perimeter fencing.

The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses, which may include the use of soundproofing.

The Planning Board may require screening of outdoor displays.

OO.

Cannabis retail dispensary.

[Added 4-20-2023 by L.L. No. 1-2023]

A cannabis retail dispensary is permitted in the Hamlet Business (H-BUS), Hamlet Main Street (H-MS), and Light Industrial (LI) Districts pursuant to a special use permit and site plan review and approval by the Planning Board.

The applicant shall submit proof of licensure by the permitting authority.

A cannabis retail dispensary shall not be located and/or operated within 300 feet of: i) a house of worship; ii) a building containing a child day-care establishment; iii) any school property; iv) a park; v) a community facility vi) a structural facility providing, whether wholly or partially, an essential public service; or vii) a building containing licensed premises as defined by § 3 of the Alcohol Beverage Control Law of the State of New York as currently exists, and hereinafter amended from time to time. The Planning Board shall have the requisite power to vary these distance requirements in its site plan and/or special permit review process provided such variation from these distance requirements does not adversely impact the health, safety and welfare of the citizens of the Town of Pine Plains. A cannabis retail dispensary shall not be located and/or operated within 2,000 feet of a building containing another cannabis dispensary. Distances shall be measured from the center of the door to the center of the door of buildings with measurements made in a straight line without regard to intervening structures.

A cannabis retail dispensary shall not dispense products in the same location where the cannabis is manufactured.

All cannabis retail dispensaries shall limit their hours of operation from 8:00 a.m. to 8:00 p.m., Monday through Saturday, and from 12:00 noon to 5:00 p.m. on Sunday.

A cannabis retail dispensary must be located in a permanent, enclosed building and shall not include a drive-through.

The view of marijuana plants, products, accessories, and associated paraphernalia shall not be permitted from a public sidewalk, public street, right-of-way, or any other public place. On-site storage of usable marijuana shall comply with applicable federal, state, and local laws and regulations.

The cannabis retail dispensary must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers.

The cannabis retail dispensary shall be ventilated so that the odor of the marijuana cannot be detected by a person with a normal sense of smell at the exterior of the marijuana business or at any adjoining use or property.

The premises shall have in operation a security system approved by the Town of Pine Plains Police Department or Dutchess County Sheriff's Department, including alarms and surveillance cameras designed to notify law enforcement officers that a crime or disorderly person's activity is in progress. The management of the retail dispensary must maintain camera surveillance data backup and retain such data for a minimum of 30 days. The Department shall be provided the name and phone number of a contact person to notify regarding suspicious activity during or after operating hours. A burglarproof drop safe that regulates an employee's access to cash shall be used on the premises.

The exterior portion of a cannabis retail dispensary, including parking areas, shall be well lit during business hours. Said lighting shall be designed so as not to unduly interfere with any neighbor's reasonable use and/or enjoyment of the property. The applicant shall indicate to the Planning Board the type of down lighting to be used and indicate on the site plan that the lighting shall be reasonably contained on the site.

The applicant should demonstrate to the Planning Board how the site is designed in such a way as to discourage loitering on the site that could affect the quality of life for neighboring properties.

The cannabis retail dispensary shall only dispense approved cannabis products in accordance with the applicable laws of New York State.