Commercial kennels and veterinary clinics shall
be permitted in residential zones only upon compliance with the following
additional regulations:
A.
The minimum acreage of lot involved shall not be less
than 10 acres in residential zones.
B.
Work spaces, runs, pens or other facilities shall
be located within a completely enclosed, soundproof building, and
such hospital or kennel shall be operated in such a manner as to produce
no objectionable noise, odors or other nuisances beyond the boundaries
of the site on which it is located. Such facility shall assure a buffer
zone sufficient to prevent any increase in the average preexisting
background noise levels on the site.
C.
All such quarters shall at all times be maintained
in a sanitary condition.
A special permit may be granted for the establishment
of a boarding stable or commercial riding school in those districts
where it is a special or permitted use. Such establishments may be
used for the boarding and training of horses when the following conditions
are met:
A.
The minimum lot size shall be 10 acres.
B.
The use of the property shall be limited to the keeping
of one horse per each three acres of lot area.
C.
No building in which animals are housed, riding ring,
corral or manure storage area shall be located within 100 feet of
any lot line or street right-of-way.
D.
No horses shall be housed in any buildings used as
a residence.
E.
Front, rear and side yard areas shall be landscaped
and screening provided, where necessary, to harmonize with the character
of the neighborhood.
New cemeteries shall be subject to the following
regulations:
A.
Cemeteries shall have a minimum of 10 acres.
B.
No interment shall take place within 75 feet of any
street right-of-way or property. Such seventy-five-foot buffer area
shall be suitably landscaped as to screen the cemetery from view insofar
as is practicable.
C.
All cemeteries shall be subject to site plan approval.
A.
Off-street parking and loading shall be provided as required by § 240-42. Parking requirements may be increased depending upon the needs of each particular use. Such parking areas shall be permanently improved, shall be located only in the side or rear yards, and shall be set back at least 50 feet from any boundary that abuts a residence district and at least 10 feet in all other cases.
B.
No structure shall be within 150 feet of any property
line.
C.
The entire site, except for areas covered by buildings,
parking and loading areas and walks shall be suitably landscaped as
approved by the Planning Board. Suitable natural screening or buffer
strips, walls or fencing shall be provided along the boundaries of
parking and loading areas to protect adjacent properties from physical
damage or nuisances. All landscaping shall be properly maintained
during the period of use.
D.
Exterior lighting shall not be used to illuminate
the structure. Such lighting shall be used only along walkways and
in the parking area for safety purposes and shall be shielded from
view of all surrounding residence properties and from streets.
E.
No more than one dwelling shall be permitted in the
facilities. Such dwelling shall have at least 700 square feet of gross
floor area and shall meet the appropriate off-street parking requirements.
Gasoline filling stations and establishments
for motor vehicle repairing shall conform to the following special
standards:
A.
The lot on which a gasoline filling station is located
shall have an area of not less than 20,000 square feet and a frontage
of not less than 150 feet on a street right-of-way line.
B.
All pumps and lubricating and other dispensing devices
shall not extend within less than 50 feet of any property line, 40
feet of any street right-of-way line, nor 20 feet of any building
on the lot.
C.
All motor fuel shall be stored in underground tanks,
and such tanks shall be located not less than 35 feet from any property
line or street right-of-way line. Facilities shall be provided to
prevent corrosion of underground tanks and piping in order to prevent
release of flammable substances. Plans for such corrosion control
facilities shall be prepared by a competent corrosion engineer, and
the details of such plans shall be included with the site plan. All
vents and fill pipes for underground storage tanks shall be located
at least 20 feet from any building.
[Amended 5-23-2018 by L.L. No. 6-2018]
D.
Outdoor storage and display of accessories may be
permitted in areas where they do not constitute a safety hazard to
pedestrians or vehicles entering or leaving the filling station. There
shall be no display or storage of motor vehicles, trailers, boats
or farm equipment unless permitted in the district and approved by
the Planning Board.
E.
Adjacent to residential districts (RFD, RMD, RLD and
TCR), the area required for setback from a property line shall be
provided with fences, walls, embankments or evergreen shrubs or trees,
to a height of at least six feet, so as to screen the filling station
from adjoining property.
[Amended 9-10-2014 by L.L. No. 4-2014]
F.
All repair work, lubricating work and service work
shall be performed indoors. All vehicles awaiting repair shall be
stored indoors or within a screen enclosure conforming to the setback
required for buildings.
G.
No filling station shall be located within 500 feet
of the property line of any school, playground, place of public assembly,
surface water, drainage channel, or environmentally sensitive area
such as wetlands or aquifer recharge areas. No site plan shall be
approved unless the Planning Board finds that the proposal contains
adequate safeguards to prevent pollution of surface water or groundwater.
[Amended 5-23-2018 by L.L. No. 6-2018]
A.
Garage sales are allowed without special permit, provided
that they meet the following standards:
(1)
Sales last no longer than three days.
(2)
Sales are held no more than twice yearly.
(3)
Sales are conducted on the owner's property. Multiple-family
sales are permitted if they are held on the property of one of the
participants.
(4)
No goods purchased for resale may be offered for sale.
(5)
No consignment goods may be offered for sale.
B.
Nothing in these regulations shall prevent a church,
school, civic association or similar nonprofit organization from holding
a fair, carnival, circus, horse show or similar event, for a period
not exceeding 14 days, upon its premises, the profit of which is for
the sole benefit of said applicant. Upon request, the Town Board may
issue a permit to such organization located in the Town to hold such
an event upon premises other than those of the applicant.
A.
Applicability. The excavation or removal from any
lot of earth, loam, topsoil, sand, gravel, clay, or stone (hereinafter
"mining activity") is prohibited unless the following conditions precedent
have been satisfied:
(1)
The site of such activity is situated where such use
is permitted by this chapter;
(2)
A permit for such activity has been issued by the
New York State Department of Environmental Conservation pursuant to
the Mined Land Reclamation Law (Environmental Conservation Law, Article
23, Title 27), if applicable; and
(3)
The Town Board has approved a reclamation plan for
the land affected by the proposed mining activity, and a performance
bond, hereunder.
B.
Exemptions. Excavation or removal in the following
cases is not subject to the limitations of this section, and no reclamation
plan approval from the Town Board is required in such cases:
(1)
Landscaping operations in which topsoil is removed
from one part of the property and deposited on another part of the
same property, provided that it is replaced with a cover of earth
in which the vegetable matter may take root and grow and is seeded
with grass, permanent pasture mixture or other fast-growing vegetation,
repeatedly as necessary until the growth is established.
(2)
The excavation of topsoil and other natural resources
from within the limits of the right-of-way or slope rights of any
Town, county or state highway or for the sole purpose of building
roads and slopes incidental thereto which lie within the area of a
subdivision approved by the Planning Board of the Town of LaGrange
are on file in the County Clerk's office in Dutchess County, New York.
(3)
The improvement of a single lot or parcel of land
in connection with construction of a dwelling, multiple dwelling,
building or any other structure or structures for which a building
permit has been issued, or in connection with agricultural land improvements
such as farm ponds and soil conservation measures, provided that such
improvement conforms to the following standards and conditions:
(a)
Final slopes shall be finished at a grade no
greater than the natural angle of repose, except where supported by
a retaining wall or foundation.
(b)
Any lakes or ponds that are created shall have
a sufficient depth and inflow of water to prevent eutrophication and
to prevent their becoming stagnant in dry periods.
(c)
Topsoil may be disturbed and relocated in connection
with any permitted excavation but shall be replaced with earth in
which vegetable matter may take root and grow and shall be seeded
with grass, permanent pasture mixture or other fast-growing vegetation,
repeatedly as necessary until the growth is established.
(d)
Topsoil or other natural resources that are
excavated to permit the improvement of property may be removed from
the property, provided that the amount to be removed is only that
in excess of that needed to be reused on the site of the improvement
and provided that this amount is specified in the building permit
for such improvement.
(e)
There shall be no processing of excavated materials
by a rock crusher or similar equipment on the premises.
(f)
Any regrading, removal or excavation that is
permitted under these provisions of exception, subject to the issuance
of a building permit, shall be completed within one year of the date
of issuance of said permit.
(g)
In the event that the construction of improvements
for which preparatory excavation is performed does not commence within
six months of the commencement of such excavation, the permittee shall
be required to immediately begin reclamation operations to restore
the land to a condition that will minimize erosion and any unsightly
conditions.
(4)
The above provisions notwithstanding, excavation and
removal shall be limited to not more than 100 cubic yards of material
from each 40,000 square feet of lot area, in any calendar year, and
not more than 600 cubic yards of material may be removed on any parcel
in any calendar year.
C.
Procedure.
(1)
Any application for reclamation plan approval of the
Town Board should be filed simultaneously with an application to the
Department of Environmental Conservation pursuant to Article 23, Title
27, of the Environmental Conservation Law or upon the effective date
of this section, whichever is later.
(3)
To assure maximum public involvement in the process,
an applicant must provide proof of actual notice of its application
to all residents within 1,200 feet of a proposed excavation site.
D.
Required information to be submitted.
(1)
A complete copy of all application materials submitted
to the Department of Environmental Conservation pursuant to Article
23, Title 27, of the Environmental Conservation Law, as well as the
following:
(a)
The names and addresses of all directors and
corporate officers of the applicant;
(b)
The location of the mine;
(c)
The commercial name and general geologic description
of the mineral to be mined;
(d)
The number of acres of affected land;
(e)
Information relative to any past revocation
of a New York State mining permit or bond forfeiture in connection
with such permits;
(f)
The locations of excavations, treatment facilities,
settling ponds and washing plants, spoil banks, mineral storage areas,
stockpiles of overburden and topsoil, haulageways, drainage, water
impoundments and other information provided in a mined land use plan;
(g)
The proposed reclamation method, including type,
schedule, cost, and land-use planning as related to the applicant's
reclamation plan; and
(h)
The number of tons of raw material to be mined.
(2)
Such other information as the Town Board may require
to assure adequate review under this section, including, but not limited
to, the following:
(a)
Roads or streets: name, width of ROW, and road.
(b)
Easements: widths, and identify utility or other
purpose.
(c)
Natural land features: locations of watercourses
and drainageways, floods of record, sinks, basins and wooded areas;
contours, both existing and proposed, at two-foot intervals, unless
the Planning Board deems a larger interval to be adequate.
(d)
Man-made features: buildings and other structures,
dams, impoundments of water, and haulageways.
(e)
Adjacent land features: all of the standards
above shall apply to delineation of the area within 300 feet of the
perimeter of the area to be mined. All residences and businesses and
names of landowners within 1,000 feet of the area to be mined shall
also be shown.
(f)
Water table elevation.
(g)
Location of any proposed roads within the reclaimed
area and their connection to present public roads beyond.
(h)
Location of any lakes, ponds, or streams proposed
within the reclaimed area and their connections to streams or drainageways.
(i)
Soil types and descriptions of the mineral resource
proposed to be excavated.
(j)
A stormwater pollution prevention plan consistent with the requirements of Town of LaGrange Town Code Chapter 197.
[Amended 10-24-2007 by L.L. No. 4-2007]
(k)
Sufficient information concerning the material
being extracted and any chemicals or other materials used during the
excavation or processing operation to determine if a potential environmental
problem exists to be addressed by reclamation.
(l)
Sufficient information on traffic flow to determine
probable impacts on traffic of any reclamation operation, including
but not limited to access points (sight distance and location), conditions
of area roads, probable or possible truck routes to construction sites,
road grades, truck weights and the capacity of roads to carry those
weights.
(3)
The planned use of the reclaimed land, including,
but not limited to, a proposed final site plan showing all landscaping.
E.
Standards for reclamation.
[Amended 10-24-2007 by L.L. No. 4-2007]
(1)
The final slope of any excavated material shall not
exceed the normal angle of repose of such material as determined by
the Town Engineer, except where a suitable retaining wall, as shown
on approved plans, is built to provide lateral support. Slope requirements
shall take into consideration impacts on residential and commercial
areas, but in no case shall a slope be greater than one-foot vertical
rise to three feet of horizontal distance. An exception may be granted
for vertical rock faces.
(2)
Any topsoil that is stripped from the surface of the
site in order to excavate subsoils shall be stockpiled for later use
in re-establishing vegetation on the site. Topsoil shall be spread
over the excavated area to a minimum depth of six inches. The Town
Engineer and/or other consultant may require that additional topsoil
or fill be brought to the excavation site in order to provide adequate
topsoil depth for seeding and stabilization of the area to prevent
erosion.
(3)
Every precaution shall be taken to prevent soil erosion
at its source, with the following standards being applied:
(a)
As excavation is completed of each area, or
phase indicated in the application, the land shall be brought to grades
not exceeding the normal angle of repose of the material.
(c)
Determination of areas most subject to the effects
of erosion shall be made by the Town Engineer and/or other consultant.
Excavated areas shall be planted with whatever vegetation, in the
judgment of the Town, is best suited to the soil conditions. Plantings
may consist of materials ranging from grasses to tree species used
in reforestation. Seeding and/or plantings shall be repeated as necessary
until the area is stabilized. Any exposed soils in areas that no further
disturbance or construction activities will occur for 21 days shall
be stabilized by a temporary or permanent seed mix within 10 days.
F.
Performance bond.
(1)
Before issuance of any approval for any activity subject
to reclamation plan review under this section, the Town Board shall
require that a performance bond be filed by the applicant with the
Town Clerk. This bond shall be secured by a letter of credit or surety
bond in favor of the Town in the amount of at least $2,000 per acre
of approved mining area. All bond amounts shall be calculated by the
Town Engineer, who shall report said recommendations to the Town Board.
(2)
The bond shall be conditioned that any affected land
shall be restored in conformity with the approved reclamation plan
and the standards set forth by this section.
(3)
In the event of default in compliance with the reclamation
plan or the terms of this section, the letter of credit or surety
bond shall be forfeited to the Town.
(4)
The Town shall return to the operator any bonded amount
that is not needed to cover the expenses of restoration, administration
and any other expenses reasonably incurred by the Town as a result
of the applicant's failure to comply with the terms of the reclamation
plan of this section.
(5)
Said bond shall continue in full force and effect
until a certificate of compliance releasing the bond shall have been
issued by the Town Zoning Administrator.
(6)
Said bond shall also provide that the time for compliance
with any plan of restoration shall be deemed to be accelerated and
shall terminate one year after the date of revocation of any mining
permit issued by the DEC pursuant to the provisions of the Mined Land
Reclamation Law.[2] The Town Board is empowered to extend the terms of the
bond beyond the accelerated event for good cause.
[2]
Editor's Note: See Environmental Conservatioin
Law § 23-2701 et seq.
(7)
In the event of a proposed transfer of a reclamation
permit, the Town Board shall require the filing of a certificate from
the surety company issuing the bond then in effect, continuing the
same bond as to the new permit holder or certifying that a new bond
has been issued. In the absence of such certificate, no transfer of
a permit will be allowed.
(8)
The required bond amount pursuant to this subsection
shall be reviewed on a yearly basis to assure that a fair and reasonable
bond is available to the Town should any default in performance of
the requirements of the permit or this section occur.
(9)
At its discretion, the Town may accept cash or certified
check, negotiable bonds of the United States government, United States
Treasury notes, United States Treasury certificates of indebtedness,
United States Treasury bills, bonds or notes of the State of New York,
bonds of any political subdivision in the agency or of other New York
State agencies or authorities, or bonds of public corporations of
the State of New York, and irrevocable bank letter of credit, a certificate
of deposit, or other forms of financial security acceptable to the
Town. Acceptable substitutes, if furnished, shall be kept on deposit
with the Town Clerk for the duration of the bond period. Any cash
received pursuant to this section shall be maintained in an interest-bearing
account, which interest shall accumulate during the life of the account
and shall be refunded to the depositor when the cash is refunded.
(10)
The Town Board may waive part or all of the
performance bond amounts and requirements hereunder to the extent
that it determines that any reclamation bond required by the Department
of Environmental Conservation will adequately safeguard the Town's
interest in proper operation and reclamation of the site.
G.
Insurance. After approval of the application and before
issuance of reclamation plan approval, the applicant shall present
to the Town certificates of insurance evidencing liability insurance
coverage. The minimum acceptable liability coverage for any reclamation
operation shall be $2,000,000. The liability coverage shall be maintained
throughout the period of reclamation activity. The certificates of
insurance shall provide for a thirty-day minimum notice period to
the Town before cancellation of coverage.
H.
Permit fees and monitoring and inspection charges.
(1)
The operator shall be responsible for payment of any
reasonable fees necessary for review by the Town or any consultant
retained by the Town of any new reclamation plan. Such fees shall
be paid prior to issuance of any permit pursuant to this section.
(2)
The operator shall be responsible for payment of any
reasonable fees necessary for inspection, monitoring and maintaining
the reclamation status of the lands subject to this section by the
Town or an expert retained by the Town. The inspection fee shall be
set forth on the prevailing fee schedule adopted by resolution of
the Town Board and as such schedule is modified from time to time
by resolution of the Town Board. Such fees shall be paid within 30
days of the date when billed.
[Amended 7-22-2009 by L.L. No. 2-2009]
(3)
The Town Board shall annually review the status of
fees pursuant to this subsection and shall adjust the charges to reflect
the costs and expenditures of the Town.
I.
Right of inspection and enforcement.
(1)
In order that the Town of LaGrange be in an assured
position to enforce the provisions of this section and to assure that
completed reclamation meets the requirements of this section and the
applicable permit, and other applicable ordinances or laws of the
Town, as a condition of being granted a permit pursuant to this section,
the applicant grants to the Town of LaGrange, its officers, employees,
and any official reclamation advisory body a license to determine
that the provisions of this section and the applicable permit are
being fulfilled.
(2)
In addition, as a condition of any permit received
by any applicant pursuant to this section, the applicant grants to
the Town of LaGrange, its officers, employees, and any official reclamation
advisory body a license to enter upon the premises subject to the
permit to determine that any necessary restoration has been performed
pursuant to the terms of the permit and this section.
(3)
Any entry by the Town of LaGrange, its officers, employees,
or any official reclamation advisory body shall be made following
reasonable notice to the operator.
Farm stands shall be limited to the display
and sale of products of a customary farm operation on the same premises;
provided, however, that products grown on another premises by such
farm operation may be included. If such farm stand exceeds 200 square
feet in area, the stand shall be considered an additional use for
which a certificate of occupancy is required.
A.
Intent. The purpose of this section is to regulate
without prohibiting, but also to prevent the proliferation of, adult-oriented
businesses for purposes of minimizing harmful secondary effects associated
with such uses, as opposed to regulating the content or expression
associated with such uses. The Town Board finds that potential secondary
effects that may arise as a result of the proliferation of adult-oriented
businesses include reduction in property values, increase in crime,
and alteration of community character and quality of life. Accordingly,
this section is enacted to protect and preserve the quality and character
of the Town's neighborhoods and its commercial districts by, among
other things, discouraging crime and maintaining property values.
In formulating this regulation, the Town Board has reviewed, considered
and found persuasive various secondary effect analyses prepared by
similarly situated municipalities in this state, and the Board has
considered the secondary effects on the Town of LaGrange itself.
B.
ADULT BOOKSTORE OR VIDEO STORE
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED BUSINESS
(1)
(2)
MASSAGE ESTABLISHMENT
NUDE
PEEP SHOW
PUBLIC FACILITY
SCHOOL
SPECIFIED ANATOMIC AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. The following definitions shall apply
exclusively to the provisions of this section:
Any person, establishment or business, whether retail or
wholesale, having a significant or substantial stock-in-trade of recordings,
books, magazines, periodicals, films, videotapes/cassettes or other
viewing materials for sale or viewing on or off the premises which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomic areas" as defined in this section.
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers or other similar entertainment, either on a regular
or sporadic basis, and which establishment is customarily open to
the public generally but excludes any minor by reason of age.
A motel which is open to the public generally but which:
An enclosed or unenclosed building or structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
"specific sexual activities" or "specified anatomical areas" for observation
by patrons.
Any establishment, including but not limited to bars, nightclubs,
dance halls, adult bookstores or video stores, adult motion-picture
theaters, adult entertainment cabarets, peep shows, massage establishments,
adult motels, or similar adult entertainment establishments, where:
There is performed live entertainment and/or
other services which are intended to provide sexual stimulation or
gratification and which are characterized by fondling or other erotic
touching of the genitals, pubic region, buttocks or female breast
and/or showing, for observation by patrons, any portion of the genitals,
pubic area, buttocks or that portion of the female breast referred
to as the "areola" or "nipple," including any other live entertainment
which must by law restrict access to exclude minors given the sexually
explicit nature of the business or material that is conducted.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York nor barbershops or beauty salons in which massages are administered.
This definition shall not include a volunteer fire department, a volunteer
rescue squad or a nonprofit organization operating a community center,
swimming pool, tennis court or other educational, cultural, recreational
or athletic facilities and facilities for the welfare of the residents
of the area.
Any person insufficiently clothed in any manner so that any
region of the genitals, pubic region, buttocks or that portion of
the female breast referred to as the "areola" or "nipple" is not entirely
covered with a fully opaque covering.
Any establishment that presents material in the form of live
shows, films or videotapes, which material is distinguished or characterized
by an emphasis on matters depicting, describing or relating to "specific
sexual activities" or "specific anatomic areas" and that are viewed
from an individual machine or enclosure for which a fee or admission
is charged.
Any facility, owned by a public governmental entity, that
is generally open to the public without restriction, such as governmental
offices and courthouses, libraries, public hospitals, animal shelters,
community centers, etc.
Any facility, public or private, that offers classes or provides
other educational services for minors, including day-care centers.
Any uncovered or exposed human genitals, pubic region or
pubic hair; buttock; female breast or breasts below a point immediately
above the top of the areola or nipple; or any combination of the foregoing;
or human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any act of masturbation, fellatio, sodomy, sadomasochism,
sexual intercourse or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person is female,
breast.
C.
Location.
(1)
Adult-oriented businesses shall be allowable only within the Industrial District subject to the review and issuance of a special permit by the Planning Board in accordance with both the special standards set forth within Subsection D of this section, as well as the generally prevailing procedures and standards governing the review of applications for special permits set forth within Article VII of this chapter.
(2)
No adult-oriented business shall be permitted:
(a)
Within 500 feet of any other adult-oriented
business.
(b)
Within 350 feet of the boundary of a zoning
district that permits residential dwellings as a principal use.
(c)
Within 500 feet of the property line of a school,
house of worship, public park, public or private recreation facility,
community center or other public facility, designated historic district
or historic landmark or site, or designated urban renewal area.
(3)
Not more than one activity constituting an adult-oriented
business shall be permitted within a single building or on a single
lot.
(4)
No adult-oriented business shall be permitted in any
building where the majority of the floor area of the building is in
residential use, including nonconforming residential uses.
(5)
No person under the age of 18 years old shall be permitted
into the premises of an adult-oriented business.
(6)
No adult-oriented business shall exceed 5,000 square
feet in total floor area and cellar space not used for enclosed storage
or mechanical equipment.
(7)
No unenclosed adult motion-picture theater shall have
its film display visible from beyond the boundaries of the site, and
suitable landscaping shall be employed to effect that standard.
D.
No adult-oriented business shall be established until
the issuance of a special use permit by the Planning Board, and the
issuance of such permits shall be subject to the following special
standards:
(1)
Adult-oriented businesses shall be a minimum of 50
feet from the property line of any nonconforming residential uses
and shall be properly screened, through the use of fences, walls,
landscaping or other measures, from adjacent structures.
(2)
The exterior appearance of any building containing
an adult-oriented business shall be consistent with the character
of surrounding structures and shall not detract from the appearance
of the neighborhood.
(3)
Adult-oriented businesses shall conform with all existing
applicable sign regulations, in addition to the following specific
requirements:
(a)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements
that contain nude, seminude, or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters of other advertisements
that contain nude, seminude, or provocative pictures shall be located
a minimum of four feet from any window and shall not be visible from
the exterior of the establishment.
(4)
Special use permits granted to adult-oriented businesses
shall be nontransferable and shall be subject to renewal by the Planning
Board on an annual basis.
[Added 5-16-2011 by L.L. No. 2-2011]
A.
A special permit may be granted for the establishment of a summer
day camp, as defined herein, in those districts where it is a special
permit use, only if all of the following apply:
(2)
No amplifiers or loudspeakers of any type shall generate sound outside
of any building or structure.
(3)
Water supply shall be from a public municipal facility, if available
to serve the use. If the water supply is from a private source, the
property owner and/or applicant must provide certification acceptable
to the Town that the water supply is potable and of adequate volume.
Failure to remedy immediately any deficiencies in the potability or
volume of private water supply shall entitle the Town to revoke the
special use permit.
(4)
Wastewater collection and treatment shall be from a public municipal
facility, if available to serve the use. If the wastewater collection
and treatment shall be from a private source, the property owner and/or
applicant must provide certification acceptable to the Town that the
sewage disposal system is adequate for the proposed summer camp use.
Failure to remedy immediately any deficiencies in wastewater collection
and management shall entitle the Town to revoke the special use permit.
(5)
The summer camp use has obtained, and maintains, all regulatory approvals
required by federal, state, or local agencies including but not limited
to the Dutchess County Department of Health.
(6)
The minimum lot size shall be 15 acres.
(7)
Vehicular and pedestrian access to the site, and vehicular circulation
within the site, shall be compatible with preserving the safety and
well-being of children or young adults attending the summer day camp.
(8)
There shall be an adequate and safe setback of camp facilities from
public highways adjoining the site.
(9)
There shall be safe and adequate management of vehicular traffic
entering and exiting the site, and particular safeguards covering
episodic periods of drop-off and pick-up of children.
(10)
The landscape, topography, and natural conditions of the site
do not present undo risk of accident or injury.
B.
Summer day camps may be permitted as an additional principal special
permit use in conjunction with an existing lawful principal use of
a lot or structure, subject to the following standards:
(2)
A preponderance of the established principal use of the lot or structure
has existing on-site facilities and improvements of the type which
are readily shared by, and serve the purposes of, a summer day camp,
such as, but not limited to, playgrounds, athletic fields or courts
(indoor or outdoor), gymnasiums, auditoriums, classrooms, swimming
opportunities, food service, first aid, safe vehicular access and
on-site traffic circulation and vegetative cover and shade.
[Added 1-11-2012 by L.L. No. 1-2012; amended 4-9-2014 by L.L. No.
2-2014]
A.
A drive-through service facility is defined as a window or device
in, at or through which a business provides services or the delivery
of goods from inside a building to persons in a vehicle, and including
all related access lanes, vehicular stacking spaces, drive-through
aisles, bypass lanes, drive-through discharge lanes, canopies, message
boards, automated banking teller devices, communication speakers,
curbing, landscaping, lighting, pedestrian crosswalks, and other structures,
equipment or site development for the drive-through function.
B.
Legislative intent. A special permit may be granted by the Planning
Board to permit a drive-through service facility. It is the specific
purpose and intent of this provision to permit the opportunity for
businesses to develop drive-through service facilities for the convenience
of their customers. Furthermore, it is the specific intent of this
provision to protect and preserve property values and to maintain
the character of those nonresidential districts permitting drive-through
service facilities. With respect to the TCB District, it is the intention
to limit drive-through service facilities by the prohibition of the
retail sale or distribution to vehicle occupants of food or beverage
as either a primary or subordinate commercial activity.
[Amended 9-10-2014 by L.L. No. 4-2014]
C.
To help achieve these goals and promote the objective of the Town of LaGrange Comprehensive Plan, a special permit is required to create a drive-through service facility in the districts where such facilities are permitted as accessory uses pursuant to the Schedule of Permitted Uses and Special Permit Uses, § 240-27, Schedules A1, A2 and A3.[1] Those districts include the C, GB, H, GH and MGH Districts,
as well as the TCB District. Drive-through service facilities are
subject to the following provisions:
[Amended 9-10-2014 by L.L. No. 4-2014; 8-12-2020 by L.L. No. 4-2020]
(1)
Drive-through service facilities shall be permitted as an accessory
use only and must be subordinate to the principal building, such as
a bank or pharmacy. Drive-through service facilities as a principal
use are expressly prohibited. This would include, for example, kiosk
and photomat-type facilities.
(2)
Vehicle drive-through service facility aisles shall not be permitted
in any front yard, and windows or aisles shall not be permitted in
any front yard, between the principal building and front lot line,
or in any required side or rear setbacks. The preferred location for
drive-throughs shall be between the principal building and the rear
yard. Aisles shall be screened from any public road or private lane
by means of extensive landscaping and grading including the use of
natural stone walls and/or berms, and these site improvements shall
be maintained as an ongoing condition of approval. Fences cannot be
used to achieve this requirement.
(3)
A drive-through service facility shall be architecturally treated on all sides pursuant to the architectural standards as set forth in the standards of the district where the drive-through service facility is proposed to be located, i.e., Town Center Business (TCB) [§ 240-35H (3)], Commercial (C) [§ 240-39H (3)], General Business (GB) [§ 240-39H (3)], Hamlet (H) [§ 240-38G (2)(k)], Gateway Hamlet (GH) and Manchester Gateway Hamlet (MGH)-240-38.1. The overall appearance of the drive-through or drive-in bank, including the building canopy and the site, shall be designed in conformity with the character of the community in which it is located and reflect the vernacular architecture of the particular hamlet or neighborhood in which it is located. Generic and standard architectural design derivative of national or regional branches shall not be permitted.
(4)
Plans for an establishment with a drive-through service facility
shall not cause conflict or otherwise interfere with moving traffic
or pedestrian movement and safety or restrict emergency response.
The design and location of the drive-through service facility shall
not contribute to increased congestion on any public or private street
adjacent to the subject property.
(5)
A maximum of three drive-through aisles shall be permitted for
any bank or financial institution. All other uses shall be restricted
to a single drive-through aisle.
(a)
Drive-through aisles shall be delineated from traffic lanes
and parking areas by means of concrete curbed islands, landscaping,
and/or the use of stone walls. (Fences cannot be used to achieve this
requirement.)
(b)
Where pedestrians will intersect with a drive-up aisle, crosswalks
shall be provided with alternative paving material such as pavers
or brick.
(c)
A bypass lane shall be provided adjacent to the drive-through
aisle, with a minimum width of 10 feet and maximum width of 12 feet.
(d)
Drive-through discharge lane(s) shall be buffered against adjacent
lands by means of landscaping, berms and/or stone walls. (Fences cannot
be used to achieve this requirement.)
(6)
Vehicle stacking spaces for queue up to the drive-through service
facility shall be designed so as not to interfere with points of access
to or from streets. Location of stacking spaces shall not interfere
with entry to or exit from any parking space. Each stacking space
will be a minimum of 10 feet wide by 18 feet deep. All drive-through
uses shall provide stacking spaces for a sufficient number of automobiles
for each drive-up service facility subject to the following:
(a)
A minimum of ten stacking spaces shall be required for a business
using a menu speaker board or order station, in addition to a minimum
of three spaces between the speaker board and payment window, plus
an additional three spaces between the payment and pickup windows.
(b)
A minimum of three stacking spaces shall be required for each
drive-through service facility for a bank or financial institution
where multiple aisles are proposed.
(c)
A minimum of four stacking spaces shall be required for a single
drive-through window for a pharmacy.
(7)
Drive-through service facilities shall only be permitted to
operate during normal business hours for the primary use, with the
exception of financial automated teller machines.
(8)
Noise abatement. A noise abatement plan shall be submitted to
the Planning Board for all drive-through service facilities.
(9)
A lighting plan shall be submitted to the Planning Board for
the entire site, including the drive-through canopy.
(a)
All canopy lighting shall be recessed.
(b)
Lighting shall be placed on timers and the Planning Board shall
establish conditions on the hours of operation for the drive-through
service facility.
(c)
Lighting for automated teller machine facilities shall have
shielded fixtures and downward focus that avoid glare affecting driving
aisles, streets and sidewalks, and areas beyond the boundaries of
the subject parcel which includes the facilities.
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
D.
In the event of the following circumstances, the special permit for
the drive-through service facility shall lapse:
(1)
Use of the drive-through service facility is discontinued for
a continuous period of one year or more; or
(2)
There is a change of use of the property to an activity which
does not make use of the drive-through service facilities.
(3)
Applications for special permit approval of drive-through service facilities shall include alternative plans for removal of those facilities and conversion of the site to a suitable design and condition in the event of either lapse or revocation of the special permit. In the event of lapse of the special permit, or in the event that the special permit is revoked by the Planning Board under § 240-71L of this chapter due to substantial deviation from the conditions of the special permit, the drive-through service facility shall be removed and the site shall be restored in accordance with the plans approved by the Planning Board at the time of issuance of the special permit. Removal and restoration shall be completed not later than occupancy, and shall be a condition of occupancy, of the site by a subsequent occupant whose use does not entail use of a drive-through service facility. If the subsequent occupant's use would entail an allowable accessory use of a drive-through service facility for which a special permit has lapsed or has been revoked, reapplication to and approval by the Planning Board of a special permit shall be a condition for renewed use of the drive-through service facility.
[Added 10-28-2015 by L.L.
No. 2-2015; amended 12-14-2016 by L.L. No. 9-2016; 6-9-2021 by L.L. No. 1-2021]
A.
Purpose. Because it is in the public interest to provide for and
encourage renewable energy systems and a sustainable quality of life,
the purpose of this section is to facilitate the development and operation
of renewable energy systems based on sunlight. Solar energy systems
are appropriate in all zoning districts when measures are taken, as
provided in this section, to minimize adverse impacts on neighboring
properties and protect the public health, safety and welfare.
B.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
GROUND-MOUNTED SYSTEM
LARGE-SCALE SYSTEM
ROOF-MOUNTED SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semitransparent
skylights, awnings, fixed awnings, and roofs.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure.
Solar energy systems located on land primarily used to convert
solar energy into electricity for off-site energy consumption.
A solar panel located on a roof of a permitted principal
use or accessory structure.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A device capable of collecting and converting solar energy
into electrical energy.
C.
Solar as an accessory use/structure.
(1)
Roof-mounted systems. Roof-mounted systems are permitted as
an accessory use in all zoning districts when attached to lawfully
permitted principal uses and accessory structures, subject to the
requirements set forth in this section.
(a)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices or
equipment.
(b)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(c)
Aesthetics. Solar installations shall incorporate the following
design requirements:
[1]
Solar energy equipment shall be installed inside
walls and attic spaces to reduce their visual impact. If solar energy
equipment is visible from a public right-of-way, it shall match the
color scheme of the underlying structure.
[2]
Panels facing the front yard must be mounted at
the same angle as the roof's surface with a maximum distance of 18
inches between the roof and highest edge of the system.
[3]
Solar panels affixed to a flat roof shall be placed
below the line of sight from a public right-of-way.
(2)
Ground-mounted systems. Ground-mounted solar energy systems
are permitted as an accessory structure in all zoning districts, subject
to the requirements set forth in this section.
(a)
All ground-mounted solar panels in residential districts shall
be installed in the side yard or rear yard.
(b)
Setback. Ground-mounted solar panels are subject to setback
requirements of the underlying zoning district.
(c)
Height. Solar panels are restricted to a height of 12 feet.
(d)
Lot coverage. The surface area of ground-mounted solar panels
shall be included in lot coverage and impervious surface calculations.
(e)
Special use permit requirements. In addition to the requirements of § 240-71 of this chapter, the following requirements shall apply:
[1]
Verification of utility notification. Foreseeable
infrastructure upgrades shall be documented and submitted. Off-grid
systems are exempt from this requirement.
[2]
Name, address, and contact information of the applicant,
property owner(s), and agent submitting the proposed project.
[3]
An application shall be complete in a form acceptable
to the Planning Board, and shall contain at least the following information:
[a]
A location map (e.g., Google Earth, Parcel Access,
etc.) showing the applicant's entire property including structures,
infrastructure (well, septic, or service lines for water/sewer), and
neighboring properties.
[b]
The proposed location, size of the installation,
along with setbacks from adjacent properties.
[c]
Designated wetlands, 100-year floodplain areas,
terrain with slopes in excess of 10%, and a general tree line indicating
a forested land cover.
[d]
The location and design of lighting and communication
facilities, if applicable.
[e]
The character and description of all power distribution
lines, if applicable.
[f]
Cut and fill: extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads. All excavation shall comply with the provisions of § 240-67B(3) of this chapter, if applicable.
[g]
Stormwater management. Adequate provisions for quantitative and qualitative control of stormwater runoff shall be provided. Methods to include water quality treatment measures, either structural or nonstructural, retention, detention, infiltration, etc., and piping or channeling to existing drainage systems during and after construction, and shall comply with the requirements set forth in Chapter 197 of the Town Code, if applicable.
[4]
Blueprints signed by a professional engineer or
registered architect of the solar installation showing the layout
of the system.
[5]
The equipment specification sheets shall be documented
and submitted for all photovoltaic panels, significant components,
mounting systems, and inverters that are to be installed, and stamped
by a professional.
[6]
Ground-mounted solar energy systems. A ground-mounted
solar energy system shall be screened with perimeter plantings, to
consist of evergreen plantings having a minimum height of four feet
at the time of installation, and shall not be set back more than five
feet from said system, or as otherwise determined by the Planning
Board.
[7]
A landscaped buffer shall be provided around ground-mounted
systems to provide screening from adjacent residential properties
and roads.
[8]
A ground-mounted system shall be fully screened
from adjacent properties and roads by fencing or a combination of
fencing, and evergreen and deciduous plantings. Plantings used for
screening shall be of such a height and width, at the time of planting,
so as to obscure the ground-mounted system from adjacent properties.
Said screening shall be subject to the prior review and approval of
the Planning Board to ensure compliance with this requirement.
[9]
General placement of ground-mounted systems should
be done in a manner which maximizes distance from adjacent properties
to ensure that the installation does not seek to minimize impact to
the applicant at the expense of adjacent properties. The Planning
Board has authority to increase the setback requirements to accomplish
this goal.
(3)
Installation requirements.
(a)
All solar energy system installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation, and industry standards, and prior to operation the electrical
connections must be inspected by the Town Code Enforcement Officer
or by an appropriate electrical inspection person or agency, as determined
by the Town. In addition, any connection to the public utility grid
must be inspected by the appropriate public utility.
(b)
When solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Dutchess County and other applicable
laws and regulations.
(c)
Electric solar system. A sign shall be installed on the utility
meter and any alternating current (AC) disconnect switch indicating
that there is an operating solar electric co-generating system on
site.
D.
Solar as a principal use. Large-scale solar systems are permitted
through the issuance of a special use permit within all zoning districts
except TCB, H, MGH, and GH, in addition to the requirements set forth
in this section.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
Additional restrictions may be imposed during the special use permit
process.
(2)
Lot coverage. While solar installations as a principal use shall be exempt from lot coverage regulations in all districts, the Planning Board shall ensure installations are consistent with the requirements of special permits, especially § 240-71E.
(3)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
The height and type of fencing shall be determined by the special
use permit process.
(4)
Special use permit requirements. In addition to the requirements of § 240-71 of this chapter, the following requirements shall apply:
(a)
Verification of utility notification. Foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(b)
Name, address, and contact information of the applicant, property
owner(s), and agent submitting the proposed project.
(c)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(d)
Site plan approval is required.
(e)
Blueprints signed by a professional engineer or registered architect
of the solar installation showing the layout of the system.
(f)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(g)
Property operation and maintenance plan. A property operation
and maintenance plan is required, describing continuing photovoltaic
maintenance and property upkeep, such as mowing, trimming, etc.
(h)
Height restrictions. The maximum height for ground-mounted solar
systems shall not exceed 15 feet in height above the ground.
(i)
Design standards.
[1]
Ground-mounted solar systems. A ground-mounted
solar energy system shall be screened with perimeter plantings, to
consist of evergreen plantings having a minimum height of four feet
at the time of installation, and shall not be set back more than five
feet from said system.
[2]
A landscaped buffer shall be provided around all
equipment and solar panels to provide screening from adjacent residential
properties and roads.
[3]
Ground cover under and between the rows of solar
panels shall be low-maintenance, drought-resistant natural fauna.
[4]
Roadways within the site shall not be constructed
of impervious materials and shall be designed to minimize the extent
of roadways constructed and soil compaction.
[5]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[6]
All large-scale solar system facilities shall be
designed and located in order to prevent reflective glare toward any
inhabited buildings on adjacent properties as well as adjacent street
rights-of-way.
[7]
All mechanical equipment of a large-scale solar
system, including any structure for batteries or storage cells, shall
be completely enclosed by a minimum six-foot-high fence with a self-locking
gate and provided with landscape screening in accordance with the
landscaping provisions of this chapter.
[8]
A large-scale solar system connected to the utility
grid shall provide a proof of concept letter from the local utility
company acknowledging the solar farm will be interconnected to the
utility grid in order to sell electricity to the public utility entity.
(6)
Abandonment.
(a)
All applications for large-scale solar system shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the structure. Prior
to issuance of a building permit, the owner or operator of the facility
or structure shall post a performance bond or other suitable guarantee
in a face amount of not less than 150% of the estimated cost, as determined
by the Town Engineer, to ensure removal of the solar energy system
or facility or structure in accordance with the decommissioning plan
described below. The form of the guarantee must be reviewed and approved
by the Town Engineer and Town Attorney and the guarantee must remain
in effect until the system is removed. Review of the guarantee by
the Town Engineer and Town Attorney shall be paid from an escrow established
by the applicant. Prior to removal of a solar energy production facility
or structure, a demolition permit for removal activities shall be
obtained from the Town of LaGrange.
(b)
If the applicant ceases operation of the solar energy system
or structure for a period of 18 months, or begins but does not complete
construction of the project within 18 months after receiving final
site plan approval, the applicant will submit a decommissioning plan
that ensures that the site will be restored to a useful, nonhazardous
condition without delay, including but not limited to the following:
[1]
Removal of aboveground and belowground equipment,
structures and foundations.
[2]
Restoration of the surface grade and soil after
removal of equipment.
[3]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
[4]
The plan shall include a time frame for the completion
of site restoration work.
(c)
In the event that construction of the solar energy system or
structure has been started but is not completed and functioning within
18 months of the issuance of the final site plan, the Town may notify
the operator and for the owner to complete construction and installation
of the facility within 180 days. If the owner and/or operator fails
to perform, the Town may notify the owner and/or operator to implement
the decommissioning plan. The decommissioning plan must be completed
within 180 days of notification by the Town.
(d)
Upon cessation of activity of a fully constructed solar energy
system or structure for a period of one year, the Town may notify
the owner and/or operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
can either restore operation equal to 80% of approved capacity or
implement the decommissioning plan.
(e)
If the owner and/or operator fails to fully implement the decommissioning
plan within the 180-day time period and restore the site as required,
the Town may, at its own expense, provide for the restoration of the
site in accordance with the decommissioning plan and may, in accordance
with the law, recover all expenses incurred for such activities from
the defaulted owner and/or operator. The cost incurred by the Town
shall be assessed against the property, shall become a lien and tax
upon said property, shall be added to and become a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officer and in the same manner as other taxes.
E.
Solar in historic districts. Properties located in a historic district
are subject to the requirements set forth in this subsection:
(1)
Roof-mounted solar panels and BIPV systems are permitted by
right on accessory structures that do not contribute to the historic
significance of the site.
(2)
Solar panels shall not alter a historic site's character-defining
features, or be placed within view of a public right-of-way.
(3)
All modifications to a historic site must be entirely reversible,
allowing alterations to be removed or undone to reveal the original
appearance of the site.
(4)
Exposed solar energy equipment must be consistent with the color
scheme of the underlying structure.
(5)
Setback, height, and lot coverage.
(a)
Setback. Ground-mounted solar panels are subject to setback
requirements of the underlying zoning district.
(b)
Height. Solar panels are restricted to a height of 12 feet.
(c)
Lot coverage. The surface area of ground-mounted solar panels
shall be included in lot coverage and impervious surface calculations.
(6)
The issuance of a certificate of appropriateness is required
by a historic review committee (i.e., Historic Preservation Commission)
for ground-mounted systems, BIPV, and all historic structures.
[Added 9-23-2020 by L.L.
No. 5-2020]
A.
Legislative intent. It is the specific purpose and intent of this
provision to provide the opportunity for the development of outdoor
sports and recreation uses in a scope, scale, and intensity which
is compatible with surrounding residential neighborhoods and uses.
Furthermore, it is the purpose and intent of this section to allow
this use while preserving neighborhood character and property values.
B.
LOW-SPEED ELECTRIC BICYCLE
Definitions. The following definitions shall apply exclusively to
the provisions of this section:
A two- or three-wheeled vehicle with fully operable pedals
and an electric motor of less than 750 watts (1 horsepower) whose
maximum speed on a paved level surface, when powered solely by such
a motor while ridden by an operator who weighs 170 pounds, is less
than 20 miles per hour.
C.
To help achieve these goals and promote the objectives of the Town
of LaGrange Comprehensive Plan, a special permit is required to create
an outdoor sports and recreation facility, subject to the following
provisions:
(1)
Properties shall be a minimum of 15 acres in size.
(2)
Design and construction of any improvements must be compatible
and harmonious with the character of the existing neighborhood.
(3)
Operations in connection with any special use will not be offensive,
potentially dangerous, or destructive of property values.
(4)
Operations will not be more objectionable to nearby properties
by reason of significant noise, fumes, vibration, electromagnetic
radiation, the flashing of lights and similar nuisance conditions
than would be the operations of any permitted use not requiring a
special permit.
(5)
Use of powered recreational vehicles or firearms are not permitted.
Low-speed electric bicycles, as defined by 15 U.S.C. § 2085
and this section, are not considered powered recreational vehicles.
The use of electric bicycles on roadways is subject to applicable
state and federal laws.
(6)
The Planning Board shall require such additional conditions
and safeguards to the special permit as may be necessary to ensure
continual conformance to all applicable standards and requirements.
