Town of Stony Point, NY Article XIII Conditional Use and Special Permit Standards

§ 215-79 General requirements.

Prior to approving any conditional use, the Planning Board shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board may adopt additional rules and regulations pursuant to § 215-140 of this chapter.[1] Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for conditional use and special permit approval are as follows:

A. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.

B. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.

C. The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.

D. The proposed use will not require such additional public facilities or services or create such fiscal burdens upon the Town greater than those which characterize uses permitted by right.

E. As a condition of all special permit and conditional use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.

F. As a condition of all special permit and conditional use permits, a time limitation may be imposed.

G. In addition to the general standards for conditional uses and special permits as set forth above, the approving board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.

[1] Editor's Note: See Ch. A220, Site Development Plan Rules and Regulations.

§ 215-80 School of general instruction; schools of special instruction; dormitories.

[Amended 4-27-2021 by L.L. No. 4-2021]

A. Schools of general or special instruction. The bulk standards use group for schools of general or special instruction as indicated in Column C-1 of the Table of General Use Requirements shall apply, except for minimum lot area, which shall be calculated as in § 215-80A(1) below.

(1) Minimum lot area for schools of general or special instruction.

(a) Minimum lot area based on maximum enrollment. Based upon maximum enrollment capacity, the required minimum lot area shall be 120,000 square feet for schools with 100 students or less, with an additional required minimum lot area of 50,000 square feet added for each additional increment of 50 students, or part thereof. For this purpose, the term "maximum enrollment capacity" shall be defined as the number of students that a conditional use applicant discloses as the maximum that can be accommodated within all proposed school structures, and that will serve as the maximum number that may be enrolled at any time for the term of that special permit including any renewals thereof."

[1] For example, under this code, a school with a maximum enrollment capacity of 656 students would be rounded up to 700 students, and require 120,000 square feet for the first hundred students and 600,000 square feet (600/50 x 50,000 square feet) for the next 600 students for a total minimum lot area of 720,000 square feet or 16.5 acres. (This is similar to Stony Point Elementary School which has 656 students on 13.9 acres, while Farley Elementary School has 556 on 31.2 acres.)

[2] Under this code, a school with a maximum enrollment capacity of 2,552 students would be rounded up to 2,600 students and require 120,000 square feet for the first hundred students and 2,500,000 square feet (2,500/50 x 50,000 square feet) for the next 2,500 students for a total minimum lot area of 2,620,000 square feet or 60.1 acres. (This is similar to North Rockland High School which has 2,552 students on 63.5 acres.)

(b) Furthermore, an additional minimum lot area requirement shall be required to be added to the amount required in Subsection A(1)(a) above, if a dormitory is added to the site as an accessory use to the principal school use. An additional 1,800 square feet of required minimum lot area shall be required for each dormitory bed on the school site.

[1] For example, a 656-student school with a dormitory containing 200 dormitory beds would require 720,000 square feet as in the example above for the school plus an additional 360,000 square feet (200 x 1,800 square feet) for the dormitory for a total minimum lot area of 1,080,000 square feet or 24.8 acres).

(2) Design requirements for schools of general or special instruction:

(a) Architectural review. All applications for schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(b) Usable open space. The school of general or special instruction shall include at least one outdoor area of distinctive design with a minimum area of 10% of the minimum lot size as calculated in Subsection A(1) above, which purpose is for recreation use by students, to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution. The usable open space shall be linked to an on-site pedestrian walkway network. Usable open space shall not be located within a required yard.

(c) Utilities. All utilities shall be installed underground or within buildings.

(d) Landscaping. Applicant shall prepare and receive approval for a landscaping plan addressing the following subjects:

[1] All portions of the project site not used for impervious surfaces shall be attractively landscaped or left in a natural condition.

[2] Landscape buffer area. Except where the Planning Board finds that existing vegetation to remain along the property boundary provides adequate visual screening, a minimum twenty-foot-wide landscaped buffer area shall be provided along all property lines, excluding the front line, and access points. The required landscaped buffer area shall be densely planted with a mixture of shrubs, trees not less than six feet high and/or berms, which will create an opaque screen on a continuing basis through all seasons. The required landscaped buffer area may be incorporated into the required yards or setbacks. The Planning Board also may require that a fence be added as necessary to effectuate the screening, but such a fence shall be in addition to and not relieve the need for the required landscaped buffer area plantings.

[3] All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level.

[4] Planting shall not interfere with the normal sight distance needed for safe entering and exiting maneuvers by motor vehicles.

(e) Parking and internal roadway requirements:

[1] All on-site drives and parking areas shall be constructed according to Article VIII of this chapter.

[2] Where a parking structure is proposed, the Planning Board shall consider the effects of the proposed structure in terms of traffic and environmental concerns, such as noise, air quality and headlight glare, particularly the effects on any proximate residential properties, and shall require landscaping, fencing or other measures to mitigate any adverse effects. Parking structures shall only be incorporated into a site plan to achieve the objectives of this chapter, including, but not limited to, preservation of open space and reduction of building coverage.

[3] Parking lot landscaping. In addition to Article VIII and Chapter A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.

(f) Other traffic and transportation requirements.

[1] Regulation of faculty and staff arrival and departure times in both a.m. and p.m. hours shall be established for schools of general or special instruction as necessary to mitigate vehicle trips in the a.m. and p.m. peak hour. The Planning Board may require the applicant to coordinate timing of such arrival and departure times with schools in the vicinity to the extent practicable in order to avoid conflicts.

[2] For schools of general or special instruction, the applicant shall submit documentation necessary to evaluate the need for each of the following:

[a] Traffic control signals;

[b] Crosswalks;

[c] Speed humps; and

[d] Other changes in roads and traffic signals related to changes in traffic activity.

[3] The entrance points for pedestrian/bicycle paths shall be signed indicating the need for bicyclists to share the path and properly yield to pedestrians that are present.

[4] A traffic circulation and parking plan shall be provided prior to the issuance of a conditional use approval and shall be based upon the maximum student capacity and traffic characteristics of the school of general or special instruction. The plan shall be updated and submitted as a prerequisite of any conditional use renewal. The plan shall provide the following information:

[a] Bus circulation and traffic patterns expected to be generated by the school of general or special instruction the design of which must ensure the safe pickup and drop-off of children and minimize impact on traffic flow;

[b] Demonstration that bus circulation and traffic patterns shall not cause cars or buses to queue on public or private roads at peak hours;

[c] Maximum student enrollment capacity and attendance policies;

[d] Numbers of full-time and part-time faculty and staff, with attendance policies and parking locations and requirements;

[e] If applicable, requirements for parental compliance with busing and driving policies;

[f] If applicable, community residence of students and whether busing is provided by home district, and for what grades;

[g] List of locations of bus drop-offs other than campus and how students reach campus;

[h] List of exceptions to bus ridership and number of students receiving exemption for each year;

[i] If applicable, number and size of buses transporting students by grade;

[j] Number of students riding buses by grade; and

[k] Number of student drivers authorized and any limitations thereto, with parking locations and requirements.

[5] All construction of internal roadway improvements shall be completed prior to the issuance of any temporary or permanent certificate of occupancy.

[6] All on and off-site traffic improvements required by the conditional use criteria for this use shall be undertaken at applicant's sole cost and expense.

(g) Water. Each applicant shall demonstrate that there is sufficient water capacity for the project and shall supply a potable water delivery system capable of meeting both the domestic water and emergency firefighting needs of the facility.

(h) Signs. Signs shall be permitted for schools of general or special instruction in accordance with Article IX, and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.

(i) Other conditions and safeguards. The Planning Board shall attach such other conditions and safeguards to the special permit as are necessary for the protection of the health, safety and welfare of the community, and to assure continual conformance with the intent of this chapter.

(3) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for schools of general or special instruction herein up to 3%, for good cause shown.

B. Dormitories.

(1) Bulk and parking requirements. Dormitories are permitted only as accessory uses to schools of general or special instruction, and only shall be permitted as part of a conditional use approval for such a school, subject to the following supplemental requirements below:

(a) Bulk requirements in each zoning district for dormitories shall be determined by the use group indicated for the principal school of general or special instruction use, as indicated in column C-1 of the Table of General Use Requirements, and as defined in the Table of Bulk Requirements, with the modifications below:

[1] The required minimum lot area for a dormitory shall be provided according to § 215-80A(1)(b) above.

[2] The minimum distance between a dormitory and any other building on the lot shall be 50 feet.

[3] The minimum distance between any dormitory and any interior driveway shall be 25 feet.

[4] The maximum height of any dormitory shall be the same as the requirement for a one-family detached residence in the district where the dormitory is located.

[5] A dormitory shall be permitted only in habitable floors of a structure as defined by the New York State Uniform Fire Prevention and Building Code.

[6] The dormitory buildings, and any dining halls serving such, shall, in combination, contain not more than 35% of the gross floor area of all buildings on the entire school site.

[7] All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with the New York State Uniform Fire Prevention and Building Code.

(b) Parking for dormitories shall be provided in addition to the parking required for the school of general or special instruction in the Table of General Use Requirements Column F. One parking space shall be provided for every four dormitory beds for elementary and secondary schools and for every two dormitory beds for post-secondary schools. This parking requirement may be reduced by up to 25% pursuant to § 215-34B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 215-34A.

(2) Lighting and landscaping.

(a) All required outdoor lighting standards shall be the same for dormitories and the principal school use, as set forth in Subsection A above.

(b) Required screening and landscaped buffer areas shall be the same for dormitories and the principal school use, as set forth in Subsection A above.

(3) Occupancy standards. Dormitory units shall only be occupied in accordance with the limitations set forth in this section. The school of general or special instruction shall provide annual reports to the Town Building Department demonstrating compliance.

(a) Occupancy of a dormitory unit shall be limited to full-time students and full-time student supervisors, as defined by this chapter. Full-time student supervisors shall not exceed 10% of the total of dormitory occupants. There shall be no more dormitory beds accessory to any school of general or special instruction than are reasonably required to accommodate the school's maximum enrollment capacity of full-time students and their full-time student supervisors, as required under law.

(b) If a person ceases to be eligible for occupancy, said person shall vacate the dormitory within 30 days.

(c) No dormitory unit or structure housing a dormitory unit shall be sold in fee-simple or as any other interest in real or personal property, or otherwise subdivided from the school of general or special instruction use, nor shall any full-time student or full-time supervisory staff be permitted to independently rent, sublet, lease or otherwise grant permission to any other individual to reside in the dormitory.

(d) No dormitory unit may be located in the cellar of a building.

(4) Solid waste disposal. Central refuse collection areas shall be located for the convenience of all dormitories. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance. Such areas shall not be located in the required front yard.

(5) Architectural review. All applications for dormitories accessory to schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(6) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for dormitories herein up to 3%, for good cause shown.

§ 215-81 Hotels and motels.

[Amended 4-9-2003 by L.L. No. 4-2003; 10-8-2013 by L.L. No. 2-2013]

A. Hotel and motel units shall not be used as apartments for nontransient tenants. B. The following accessory uses shall be permitted. The permitting of these uses as accessory uses shall not be construed to prohibit additional similar principal uses on the same lot as the hotel as otherwise permitted by the zoning:

(1) One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and his family within the motel building.

(2) Restaurants, coffee shops, bar and/or dining rooms.

(3) Amusements and sports facilities for the exclusive use of hotel guests.

(4) Office and lobby.

(5) Meeting and/or conference rooms.

(6) Accessory local convenience commercial stores, except that the total area devoted to such uses may not exceed 2,000 square feet and there may be no external sign or advertisement of the accessory use.

(7) Business center.

(8) Laundry facilities.

§ 215-82 Animal shelters.

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

A. In issuing the conditional use approval for animal shelters, the Planning Board may stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed the quotient of 10,000 square feet of net lot area per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the net lot area is that area of the lot excluding the area of any required setbacks.

B. In considering the application for a conditional use permit for the animal shelter use, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and shall 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.

§ 215-83 Gasoline service stations and/or auto repair.

[Amended 12-8-1987 by L.L. No. 6-1987; 10-8-2013 by L.L. No. 2-2013]

Gasoline service stations and/or auto repair are subject to the following standards:

A. No stations shall be located closer than 200 feet to a school of general instruction, public recreation area, community or neighborhood place of worship or hospital, measured to the lot lines thereof.

[Amended 4-27-2021 by L.L. No. 4-2021]

B. Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.

C. Pumps, pump islands and canopies are structures and shall not be located in any required yards or setbacks, except that the Planning Board may allow canopies to extend into the setback but not into any yard. No outdoor display of products not associated with the gasoline service station use shall be permitted.

D. Screening. A ten-foot-wide landscaped area shall be provided along all property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.

E. Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:

(1) All vehicles, including any cars, trucks or trailers offered for rent or lease, except for one tow truck, shall be stored within a building or a fully enclosed screened area surrounded by opaque fencing and/or landscape screening no less than eight feet in height, when the facilities are not open for business. Any such storage shall not be located within a front setback. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No more than four unregistered vehicles shall be permitted to be stored at any such facility at any one time. However, the number of unregistered vehicles that may be stored may be increased pursuant to a special request made to the Town Board.

(2) There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business, except that pricing signs are excluded from this regulation.

(3) Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

(4) No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline or working on only one vehicle at a time out of doors during normal business hours, provided that such vehicle is not remaining on lifts or blocks after business hours and is properly stored.

(5) During the hours that a gasoline service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.

(6) All landscaped areas designated on the gasoline service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.

F. Vehicle sales prohibited. The offering for sale and the sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.

G. Discontinuance of use. In the event that a gasoline service station is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor fuel supplier of said gasoline service station shall immediately remove gasoline pumps, all identification signs and lighting poles. Removal of tanks must be performed in conformance with applicable rules and regulations governing tank removal. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.

§ 215-84 Automobile washing facilities.

[Amended 10-8-2013 by L.L. No. 2-2013]

Automobile washing facilities may be permitted by the Planning Board as provided in the Use Table, subject to the following requirements:

A. Where an automobile washing facility is proposed as a principal use, each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.

B. The above listed requirement shall not apply to accessory mechanized automotive washing facilities designed to wash one stationary vehicle at a time.

§ 215-85 Camps, day camps, summer colonies and recreational facilities.

A. The Planning Board may permit camps, day camps, summer colonies and recreational facilities, such as golf courses and tennis and swim clubs, upon terms and conditions limiting the periods of operation.

(1) Access to such facilities shall be limited to improved state, county or Town roads shown as major roads on the Official Map. Such facilities shall be adequate to preclude the necessity of pedestrian traffic outside the approved facility, except for travel within a state or county park or parkway.

(2) Camps, day camps and summer colonies may include such structures as bungalows, tent stands and cottages, provided that no heating or plumbing facilities are installed that permit residential year-round occupancy. Covenants precluding such occupancy shall be recorded in the County Clerk's office.

(3) Camps, day camps and summer colonies shall not be deemed to include any trailer or recreation vehicle campers' facilities nor shall accommodations of any sort be offered for transient or overnight camping.

B. Swimming clubs or swimming pools, other than private residential swimming pools, shall be classified and located as follows:

	Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
	A	Over 3,500	200
	B	Over 2,500	175
	C	Over 1,500	150
	D	1,500 or less	100

C. All recreational facilities shall comply with the following minimum setback requirements of the Bulk Table.

D. Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property.

E. Noise. A public-address system or any other amplified noises are prohibited.

F. Parking. All parking areas and spaces shall have dustless surfaces.

G. Enclosed buildings. All facilities such as casinos and recreational halls shall be located within completely enclosed buildings.

§ 215-86 Senior citizen housing developments.

[Amended 5-11-1999 by L.L. No. 6-1999]

A. It shall be the duty of the owner or his agent to file a certification with the Building Inspector indicating compliance with this chapter's requirements relating to the number of occupants and the age of the occupants in each dwelling unit.

B. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may be provided, which shall consist of no more than three bedrooms.

C. Except for the superintendent and his family, the occupancy of a senior citizen housing development shall be limited to single persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidy or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.

D. Within the senior citizen housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be expressly approved by the Town Board. Approval of a special permit and site development plan for dwelling units in a senior citizen housing development in no way constitutes approval for installation of any type of related facility.

E. The gross site density shall not exceed 20 units per acre.

F. Parking areas above the ground floor, if any, within a building shall not be counted in computing development coverage in accordance with the bulk standards that appears in the Bulk Table for said use.

[Amended 9-12-2000 by L.L. No. 5-2000]

G. The maximum building height shall be 35 feet or two stories, whichever is less.

H. The minimum distance between detached buildings shall be 30 feet.

I. Suitably equipped and adequately maintained recreation and open space shall be provided. A minimum of 300 square feet of usable open space shall be provided per dwelling unit. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

J. There shall be provided a safe and convenient system of drives, service access roads and walks, with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

K. Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance.

L. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (§ 215-35A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.

M. The required side and/or rear yard may be decreased to 10 feet where abutting another senior citizen housing development.

§ 215-87 Automobile sales and service agencies.

Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements:

A. No such facility shall be closer than 500 feet, measured along the designated street line, to any residential district boundary, institutional or nonprofit use or school of general instruction. Such use may be permitted within 100 feet of a residential district along a rear lot line.

B. The display area for vehicles shall not exceed 110 feet extending between the front yard line and principal building, and not more than 10 vehicle display spaces shall constitute a display group, with each group being separated by significant landscape elements.

C. The lighting level shall not exceed three footcandles within a display area, and no banners, pennants and string flags are permitted. No signs, including numbers, prices or other advertising messages, shall be displayed so as to be visible to the public right-of-way, except display window areas.

D. All motor vehicle storage other than the display area and customer parking shall be fully fenced and screened from the side and rear property lines. All other accessory uses, including servicing, shall be conducted within fully enclosed structures. Gasoline service, if provided, shall be located to the rear of the principal building. Oil and gasoline storage shall be solely in underground tanks.

E. Where the use involves display or sales of recreational vehicles with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial vehicles such as buses or tractors, the Planning Board shall increase the applicable yards by a factor computed on the basis of the vehicle height divided by five feet six inches.

§ 215-88 Contractor's storage yards.

Contractor's storage yards may be permitted in the LI District, subject to the following requirements:

A. The Planning Board may require that all building materials, equipment and supplies be located within enclosed buildings or open sheds.

B. Outdoor storage areas, if any, shall be limited to those specific locations and designated limits approved by the Planning Board. Such outdoor storage areas shall be heavily screened and landscaped from all street lines and lot lines, as may be required by the Planning Board.

C. The Planning Board may require conformance to any requirements recommended by the fire department having jurisdiction. In no case shall the storage of any combustible materials be permitted within 150 feet of any lot line.

D. The Planning Board may require conformance with any other necessary requirements in order to prevent a nuisance to neighboring properties by reason of dust, noise, odor or any other nuisance which the Planning Board feels will be associated with the intended use.

§ 215-88.1 Caretaker’s and servants’ quarters.

[Added 7-12-2005 by L.L. No. 4-2005]

A separate freestanding dwelling unit for servants or caretakers can be permitted as an accessory use to an existing single-family residence in the R-1, RR, APRP and SR-R single-family districts as authorized by special permit by the Town Board subject to the following conditions:

A. The proposed servants’ or caretaker’s quarters can be either:

(1) A separate freestanding building, provided that the lot is a minimum of two acres; or

(2) Located in the principal single-family dwelling that meets the required lot area in the zoning district, except the primary dwelling must have at least 3,000 square feet of living area.

B. A separate building to be used as servants’ or caretaker’s quarters shall:

(1) Not exceed the lesser of 1,500 square feet or 25% of the square feet of the primary single-family dwelling, including garage space;

(2) Have the same yard and setback requirements as a primary residence in the zoning district; and

(3) Not be located between the primary residence and the access road.

C. Servants’ or caretaker’s quarters shall be only rented or occupied by full-time employees of the residents of the primary dwelling on the lot, and proof of employment shall be provided to the Town on an annual basis in January of each year and when there is a change in the ownership of the property. The owner must reside in the primary residence.

D. There shall not be more than one caretaker’s or servants’ quarters for each single-family dwelling and a maximum of one caretaker’s or servants’ quarters per lot.

E. If a special permit is granted and any of the conditions in this section are violated or cease to exist, the Town Board has the right to revoke the special permit. Other than the conditions set forth in this section, the Town Board may also place additional reasonable conditions on the issuance of the special permit.

§ 215-89 New or expanded marinas, docks, related uses and facilities.

[Added 6-14-1994 by L.L. No. 3-1994]

The creation of new or expansion of existing marinas, docks, related uses and facilities may be permitted where authorized, subject to the following requirements:

A. There shall be an adequate water supply system to serve a marina.

B. Marinas shall provide adequate capacity to handle vessel sewage, either by means of on-site pump-out facilities or connection to a treatment plant. All marinas with fueling facilities shall provide pump-out facilities at each fuel dock. The determination of adequate capacity shall take into account anticipated boat use on a transient and seasonal basis.

C. Adequate and convenient rest room facilities for the use of marina patrons shall be provided.

D. Adequate parking shall be provided. In no case shall parking be located within 20 feet of the mean high-water line. Parking areas shall utilize porous pavements and other approved measures, including vegetative buffers, catch basins, retention areas and berms, to control stormwater runoff and non-point pollution.

E. Docks and slips shall be designed and configured so that they do not interfere with navigation or the rights of adjoining owners and the public to use the river, do not harmfully affect the environment or estuarine areas and are appropriately lighted to provide adequate warning to boaters, but not to produce glare. The underwater portions of docks, including piles, shall only be composed of materials which are chemically inert and will have no adverse affect on the environment or water quality. The number and configuration of docks and slips shall be determined on a case-by-case basis considering the location, limiting natural features of the sites, demonstrated need and compliance with other state and federal laws.

F. Boat maintenance areas and activities. All boat maintenance activities which involve potential sources of pollution shall be performed over dry land and under cover. Control of by-products, debris, residues, spills and stormwater runoff shall comply with applicable regulations. All drains shall lead to a sump, holding tank or pump-out facility for treatment and disposal by approved methods. Drainage of maintenance areas directly into surface or ground water shall be prohibited.

G. Adequate and convenient access and circulation shall be provided on site for fire-fighting and public safety vehicles.

H. Each marina shall provide for the collection and proper disposal of solid waste, grease, oil and gasoline.

I. Any marina or related uses and facilities which dispenses gasoline, diesel fuel, mixed fuels, engine oils and similar supplies shall maintain sufficient material for the collection and absorption of spilled petroleum products in the event of spills.

J. Adequate screening, as defined in this Chapter 215, from adjacent residential uses shall be provided.

K. Adequate fire protection to serve the marina or related uses or facilities shall be demonstrated or otherwise provided by the applicant.

L. Outdoor boat storage areas shall be situated so as to have minimal visual impact on adjacent and surrounding residential properties and views of the water from public roads.

M. All other pertinent matters which are related to the public health, safety and general welfare.

N. The location of facilities shall not interfere with developed and natural beach areas.

O. For permanent structures, the applicant shall demonstrate that the facility shall have no undue adverse affect on fish and wildlife habitats.

P. The applicant shall demonstrate that the facility shall not unreasonably alter the natural flow of any water body or affect the storage capacity of any areas in or tributary to that water body.

§ 215-90 Bed-and-breakfast.

[Added 5-13-1997 by L.L. No. 8-1997; amended 10-8-2013 by L.L. No. 2-2013]

A. Applicability. A single-family residence must be in existence at the date of adoption of these regulations to become eligible to be a bed-and-breakfast home. Except as otherwise specified herein, the single-family residence shall be required to meet the bulk requirements for single-family residences within the applicable zoning district.

B. Application submission. In addition to the general requirements for site plan approval, the applicant shall also submit:

(1) A sketch showing the floor plan of the home and the location of proposed guest room(s).

(2) If a sign is proposed, a sign plan, including type and location of illumination.

(3) A certification that the owner resides and will continue to reside within the residence while the special use permit is in effect. A change in owner occupancy shall require renewal of the special use permit.

C. Requirements and conditions of operation.

(1) The bed-and-breakfast shall be the primary residence of the owner.

(2) The minimum lot size shall be one acre, unless a larger minimum lot size is specified for single-family residences for the district in which the structure is located.

(3) There shall be no fewer than two nor more than eight guest rooms.

(4) Guest rooms shall not be equipped with a kitchenette or other cooking devices.

(5) There shall be at least one full bathroom per each two guest rooms. In addition, at least one separate full bathroom shall be maintained for the owners of the single-family residence.

(6) A bed-and-breakfast is permitted one sign, not to exceed five square feet on each side, identifying the name of the facility. Illumination may be permitted, subject to Town Board approval. The Town Board shall take into consideration the proximity of adjoining residences and potential nighttime disturbance. Said sign shall not be illuminated between 10:00 p.m. and sunrise.

(7) No parking space shall be located within the front yard. Parking spaces shall be set back a minimum distance of 15 feet from any side or rear lot line. A minimum of one off-street parking space shall be provided for each guest bedroom, plus an additional two spaces.

(8) The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character.

(9) Adequate water supply and sewage treatment capacity shall exist to handle additional demands placed on the dwelling.

(10) The reviewing board, in considering each individual application, may impose reasonable conditions to protect the health, safety and welfare of the occupants of said establishment, and the surrounding neighborhood.

D. Approval. A permit to operate a bed-and-breakfast shall be valid for one year from the date of issuance, subject to continuing compliance with any conditions of the permit and subject to continuing compliance with the New York State Uniform Fire Prevention and Building Code.

E. Permit renewal. The applicant may renew the permit for additional five-year time periods, subject to approval of the reviewing board and any fees applicable to the review of applications. The Town Board shall notify the Building Inspector, 15 days prior to the meeting at which the renewal is being considered, who shall provide a description, in writing, of any changes that have occurred in the floor or site plan since the time the special use permit was approved or last renewed, and a list of violations or complaints, if applicable. The reviewing Board shall take the Building Inspector's report into consideration when rendering a decision.

F. Enforcement. The Building Inspector shall be given access to the premises for the purpose of making inspections as deemed necessary from time to time to ensure compliance with these regulations and with the New York State Uniform Fire Prevention and Building Code. Such inspections shall be conducted in accordance with procedures set forth in this chapter. Any facility operated in violation of this chapter shall have its permit suspended on a first violation and revoked for a second violation. No permit shall be reinstated until the owner fully complies with the provisions of this chapter.

G. Registry. The Town Clerk shall maintain a record of bed-and-breakfasts, including the name of the owner, the address, the maximum occupancy of the establishment, and the date of special use permit approval.

§ 215-91 Ambrey Pond Reservoir Protection District standards.

[Added 1-13-1998 by L.L. No. 1-1998]

A. Purposes. The purposes of the Ambrey Pond Reservoir Protection District are the following:

(1) To protect water quality within 500 feet of the perimeter of the proposed Ambrey Pond Reservoir, as illustrated in the Town of Stony Point Comprehensive Master Plan, adopted in 1996, by providing standards to limit development within the protective perimeter to the maximum extent practicable.

(2) To provide a regulatory mechanism to review the introduction, expansion or alteration of existing or proposed uses, buildings or structures in order to ensure that development is designed in a manner that protects water quality of the Ambrey Pond Reservoir.

B. Standards.

(1) The Town Board shall approve all special uses within this zoning district and in accordance with these regulations.

(2) All conforming uses at the time of adoption of this article shall be deemed to have special use permits for purposes of these regulations.

(3) Any expansion, alteration, change of use or proposed new construction of any special use or accessory use or structure appurtenant thereto shall require issuance of a special use permit, or amendment thereto.

(4) That area of a property located within the reservoir flood line (elevation 316.0 feet), or within the five-hundred-foot protective perimeter as illustrated on Figure 16 of the Town of Stony Point Comprehensive Master Plan, may be used for calculating development yield, notwithstanding that the property shall still be subject to the soil standards defining slight, moderate and severe limitations, as illustrated in the Town of Stony Point Comprehensive Master Plan.

C. Application.

(1) An application for a special use permit shall include the following information:

(a) Name, address and tax block and lot number of subject parcel.

(b) A description of the proposed changes to the use, building or structure necessitating the special rise permit or amendment thereto.

(c) The Town Board may require the submission of a site plan. The site plan shall illustrate the location of existing and proposed uses, building or structures, the location and/or distances to the reservoir flood line and the five-hundred-foot protective perimeter line on the subject property, if applicable, and any other information the Town Board deems to be appropriate.

(d) Description of how water supply, sanitary sewer disposal and erosion control shall be handled, with such supporting technical material as may be requested by the Town Board.

(2) The Town Board shall refer said application to United Water Resources, or any successor to said company, for their review and comment.

D. Conditions. The Town Board, in issuing special use permits for uses, buildings or structures proposed within this zoning district, shall take the following into consideration:

(1) The proposed construction, expansion or alteration of land shall, to the maximum extent practicable, be located outside the reservoir protection perimeter.

(2) Soil erosion and sediment control measures shall be utilized to reduce water quality impacts.

(3) The proposed construction, expansion or alteration shall, to the maximum extent practicable, limit the introduction of impervious surfaces.

(4) Any conditions recommended by United Water Resources for protection of the watershed within which the reservoir is located.

E. Prior Uses. Any use lawfully in existence on January 13, 1998, and conforming to the use and bulk regulations of the RR District at the time of this adoption date, shall be deemed to be a conforming use in the APRP District.

§ 215-92 Day-care center

[Added 4-14-1998 by L.L. No. 4-1998]

A. Requirements and conditions of operation.

(1) Parking spaces shall be provided at a rate of one space per 250 square feet of gross floor area. Additional parking spaces shall be provided for drop-off and pick-up of children at a rate of one parking space per 20 children, which shall be provided directly in front of the facility along an internal driveway or in an approved parking area. The most appropriate location for drop-off parking shall include a consideration of emergency access and shall be determined by the Planning Board during site plan review.

(2) 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. Said outdoor play area shall be located a minimum distance of 50 feet from any lot line or from any parking area and 100 feet from any street. Outdoor play areas shall be directly accessible from the principal structure and shall not require crossing any street or parking area for access. The Planning Board may, as part of site plan review and in consultation with the prospective operator, modify this requirement to apply only to the largest age group enrollment schedule to use the outdoor play area at one time.

(3) A six-foot-high solid fence or opaque fence combined with hedge or tree plantings shall be provided to screen the outdoor play area from adjoining uses, especially residential uses.

(4) Day-care centers shall be permitted on the first (ground) floor of buildings only.

(5) Said facility shall provide a minimum of two exits.

(6) Day-care centers shall adhere to the requirements of the New York State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: See Ch. 107, Fire Prevention and Building Construction.

(7) If included as part of a shopping center, said day-care center shall occupy an end unit only. If part of an office building, said day-care center shall occupy the first (ground) floor of the building. The minimum lot size and bulk requirements for a day-care center shall conform to that for an office building or shopping center, however, the minimum requirements for parking, outdoor play areas, exits and screening shall be provided as required herein.

(8) Hallways with a length of 25 feet or greater between the building exterior and the day-care center shall be prohibited.

§ 215-92.1 Outdoor commercial recreation establishments.

[Added 12-12-2000 by L.L. No. 7-2000; amended 10-8-2013 by L.L. No. 2-2013]

These conditions govern outdoor commercial recreation:

A. 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 through use of vegetation, fencing or a combination thereof from adjoining residential properties.

B. Hours of operation. The approving board may restrict the hours of operation of a commercial recreation establishment to minimize impacts associated with noise, lighting, traffic and similar potential effects which may be disruptive to surrounding properties.

C. Site lighting. A site lighting plan shall be provided, including all technical specifications for the type and intensity of lighting proposed, the location and height of all lighting fixtures, standards and luminaries. Lighting shall be designed so as not to affect nearby residential properties. The approving board may impose conditions on the operation of lighting, including, but not limited to, restrictions on the hours of operation, creation of a vegetative buffer or similar conditions.

D. 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. In determining acceptable noise levels, the approving board shall rely on local and county regulation, as well as criteria established by the U.S. Environmental Protection Agency and the United States Department of Housing and Urban Development.

E. 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.

F. 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.

G. Special considerations. Because the range of recreational activities allowed as components of commercial recreation establishments are 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.

§ 215-92.2 Residential mixed-use buildings.

[Added 10-8-2013 by L.L. No. 2-2013; amended 3-12-2024 by L.L. No. 3-2024]

Residences shall be permitted by conditional use permit of the Planning Board subject to the following conditions:

A. The lowest story above grade of all horizontal areas of the building must be used for a nonresidential use which is permitted as-of-right or by conditional use permit within the zoning district in which the mixed-use is proposed. A residential entry area containing a lobby, elevator banks, mail room, bicycle room, and other residential accessory uses shall be permitted in the lowest story above grade, but shall be limited to no more than 1,200 square feet or 40% of the building footprint, whichever is less.

B. Residential units shall only be located over nonresidential uses or residential entry areas as permitted in Subsection A. Residential units shall only be permitted above structured parking, where the applicant demonstrates to the satisfaction of the Planning Board that:

(1) The structured parking will not result in more residential units or floor area than would be provided if all parking were provided outside of the structure.

(2) That if all parking were provide outside of the structure, all requirements of this section and all bulk requirements including development coverage would be met.

(3) The purpose of providing structured parking is to improve the quality of development by way of reducing impervious surfaces, increasing green space, and avoiding areas of the site with environmental constraints such as steep slopes, wetlands, and forested areas.

C. The maximum number of residential units shall not exceed 12 units per acre.

D. A parking requirement shall be met as indicated hereafter in addition to the parking requirement of the ground floor nonresidential use(s). No credit for joint or shared parking shall be permitted for the residential dwelling units and no adjustment in required parking shall be granted by the Building Inspector as may be otherwise permitted by the Zoning Local Law.

(1) 1.5 parking spaces per efficiency or one-bedroom unit.

(2) 0.5 additional parking spaces per unit per bedroom beyond the first.

E. At least 200 square feet of unpaved outdoor recreational area shall be provided per unit except that such area may contain block paver areas serving as a patio. Balcony space shall not count towards the unpaved outdoor recreational area. The Planning Board may consider allowing outdoor recreational area to be provided on a roof if the following conditions are met to the satisfaction of the Planning Board:

(1) At least 50% of the first story above grade of the structure was in existence prior to September 12, 2013.

(2) The recreational area could be provided elsewhere outside the footprint of the building, while meeting all other requirements of this section and all bulk requirements.

(3) The purpose for rooftop recreation is to improve the quality of the development by way of preserving natural open space areas, buffers to existing residential neighborhoods, or avoiding areas of the site with environmental constraints such as steep slopes, wetlands, and forested areas.

F. Residential units shall be accessed by separate entrances from nonresidential units.

G. In order to serve a market of young families, young singles, and empty nesters that are not otherwise served by the Town's single-family detached zoning districts, the following limitations on the number of bedrooms are imposed:

(1) All units proposed within a building will average no more than two bedrooms per unit - for purposes of meeting this requirement, efficiencies will be considered as having zero bedrooms.

(2) No more than 25% of units shall contain three or more bedrooms.

(3) In order to encourage housing available to mobility-limited persons, no unit above the second story above grade shall contain a unit with more than one bedroom unless an elevator is provided.

H. In order to prevent excessively small apartments, and in order to present the addition of so-called "dens," "offices" and "bonus rooms" for the purposes of circumventing limitations of the number of bedrooms, each proposed unit shall be limited in floor area as follows:

(1) Efficiency unit: 400 to 700 square feet livable floor area.

(2) One-bedroom unit: 600 to 900 square feet livable floor area.

(3) Two-bedroom unit: 750 to 950 square livable floor area.

(4) Three-bedroom unit: 900 to 1,200 square livable floor area.

(5) Each bedroom above three shall add 100 additional square feet to both the minimum and maximum square footage requirement.

I. Residential units shall be made available by covenant or deed restriction to periodic inspection by the Building Department and Fire Inspector upon demand.

J. No uses are permitted that involve the storage of toxic or flammable chemicals over 10 gallons, emit a day or night noise level over 55 dBA perceptible in the residential dwelling unit, or emit any unreasonable odor or vibration.

K. The leasable floor area of residential units shall not exceed 2.5 times the leasable floor area of nonresidential units. Structured parking shall not be considered leasable nonresidential floor area for the purpose of this requirement.

L. The Planning Board may issue a waiver of the floor area ratio requirement where the following conditions are met:

(1) At least 50% of the first story above grade of the structure was in existence prior to September 12, 2013.

(2) The waiver shall authorize no more than double the floor area ratio otherwise required under code for the use group.

M. The bulk requirements of the zoning district shall be met by the entire principle building and its site. Bulk requirements shall not be imposed separately on component uses.

§ 215-92.3 Waterfront mixed-use development.

[Added 3-10-2015 by L.L. No. 2-2015]

The construction of mixed-use development projects, is hereby authorized subject to the following conditions:

A. A mixed-use development site shall be serviced by public water and sewer services.

B. The following uses are authorized as part of a mixed-use development:

(1) Multifamily residence.

(2) One-family attached residence.

(3) One-family detached residence.

(4) Local convenience commercial.

(5) Sit-down restaurants.

(6) Local office business.

(7) Day-care center subject to the requirements of § 215-92.

(8) Commercial recreation, including watersports recreation.

(9) Retail kiosks not to exceed 500 feet per kiosk.

C. A mixed-use development shall demonstrate adequate vehicular access. Internal roads may be private but must be a minimum of 24 feet wide and built to Town standards for materials and design. Emergency access to the site must be maintained during Federal Emergency Management Agency (FEMA) one-percent (one-hundred-year) storms.

D. The waterfront mixed-use development must incorporate a marina meeting the requirements as detailed in the Town Code § 215-89 and containing at least one boat slip per three residential dwelling units, although nothing shall be construed to limit the use or ownership of boat slips to residents of the site.

[Amended 7-10-2018 by L.L. No. 3-2018]

E. The total residential density of the site shall not exceed 10 units per acre subject to § 215-16.

F. Local convenience commercial and local office business developments, as defined in § 215-5 herein, shall be permitted accessory uses and are intended to be small scale uses intended to serve the needs of the neighborhood. The floor area of any single business shall not exceed 8,000 square feet.

G. Overall parking requirements may be reduced by up to 50% upon demonstration, to the satisfaction of the Planning Board, that uses within the development shall have offset peak demand times and that total peak demand of the site will not exceed the total number of parking spaces provided.

H. A continuous area of adequate width to support public use and enjoyment shall be provided along the Hudson River frontage. Public or private exhibition and performance spaces are permitted within this frontage, so long as they available to the general public (but not precluding charged admission) during normal daytime hours. Retail kiosks not exceeding 500 square feet are permitted uses within the frontage so long as they meet all applicable Town requirements regarding peddling and solicitation if located on public property. The applicant shall provide the Town with public access easements or fee title to such frontage area. This area may be located within the area prescribed for Hudson River setbacks by § 215-27 and shall not be deemed to be additive to those requirements. Nothing herein shall be construed to countermand the requirements to secure the interconnection of piers, slips, docks and other elements of a working marina with the shoreline and driveways, pathways and other access features are permitted, so long as they do not significantly interfere with public use.

I. Architectural review of all permanent non-marina structures is required.

J. At least 50 square feet of floor area per residential dwelling unit shall be provided for those nonresidential uses listed in § 215-92.2B.

K. Consistent with sound waterfront planning for rising sea levels and increasing storm severity, the height requirement for buildings proposed as part of waterfront mixed-use developments shall be measured from the higher of existing grade or two feet above the base flood elevation for the one-percent storm as shown on the most up-to-date FEMA Flood Insurance Rate Map (FIRM) or advisory base flood elevations if they have been adopted by the Town as part of the Flood Damage Protection Chapter.[1] Additionally, the Planning Board should work with the applicant to make the proposed development more adaptive to future increases in flood elevations, including but not limited to incorporating such measures as infrastructure for the placement of deployable flood walls, dry floodproofing, wet floodproofing, installing utility infrastructure above flood elevations, and incorporating measures to allow for raising building first floor elevations in the future.

[1] Editor's Note: See Ch. 112, Flood Damage Prevention.

§ 215-92.4 Large-scale solar generation facilities.

[Added 1-23-2018 by L.L. No. 1-2018]

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

BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM

A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade materials, semitransparent skylight systems, roofing materials, and shading over windows.

GLARE

A continuous source of excessive brightness, relative to diffused lighting. This is not a direct reflection of the sun, but rather a reflection of the bright sky around the sun. Glare is significantly less intense than glint, which is a direct reflection of the sun from a solar panel.

LARGE-SCALE SOLAR GENERATION FACILITY

A solar array that is directly installed in the ground, is not attached or affixed to any existing structure, is not roof-mounted, and is used for the primary purpose of producing electricity for off-site sale or consumption, with a capacity of 25 kW or more.

QUALIFIED SOLAR INSTALLER

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

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.

SMALL-SCALE SOLAR GENERATION FACILITY

Solar generation systems that serve the building to which they are attached, and do not provide energy for any other user, with a capacity of 25 kW or less.

SOLAR ACCESS

Space open to the sun and substantially clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of a solar generation facility on a lot.

SOLAR GENERATION FACILITIES

Solar panels, collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar generation facilities include solar thermal, photovoltaic and concentrated solar.

SOLAR PANEL

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

SOLAR STORAGE BATTERY

A device that stores solar energy and makes it available in an electrical form.

B. Applicability.

(1) The requirements of this chapter shall apply to all large-scale solar generation facilities developed, modified or deployed after the effective date of this section.

(2) All solar generation facilities for which a valid permit has been properly issued shall be designed, developed, erected, and deployed in accordance with all applicable codes, regulations and standards. Any connection to a public utility grid must meet all applicable town, state, federal and public utility laws, rules, and regulations.

(3) To the extent practicable, and in accordance with Town Code, the accommodation of solar generation facilities and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Town Code.

C. Permitting.

(1) No large-scale solar generation facility shall be installed or operated in the Town except in compliance with this chapter.

(2) Applications for the installation of large-scale solar generation facilities shall be submitted to and reviewed by the Planning Board and must include, in addition to any supplemental information that the Planning Board requests, the following:

(a) If the property of the proposed solar generation facility is to be leased, legal consent between all parties, specifying the use of the land for the duration of the project, including easement and other agreements, shall be submitted;

(b) A site plan showing the proposed layout of the solar generation facility signed by a professional engineer or registered architect shall be required and shall include an indication of which trees are proposed, if any, for clearing;

(c) A narrative summary of the proposed equipment to be used including, but not limited to, the number of panels, the number of solar arrays, significant system components, mounting systems, safety equipment, storage technologies, transformers, and inverters that are to be installed;

(d) A property maintenance plan describing repair and maintenance and property upkeep; and

(e) A decommissioning plan shall be submitted as part of the application to ensure the proper removal of large-scale solar energy installations. Compliance with this plan shall be a condition of the issuance of a special use permit under this chapter. The decommissioning plan must specify that after the large-scale solar energy installation can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state, prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a licensed professional engineer. Cost estimations shall take into account inflation. Removal of large-scale solar energy installations must be completed in accordance with the decommissioning plan. If the large-scale solar energy installation is not decommissioned after being considered abandoned, the Town may remove the system, restore the property and impose a lien on the property to cover the costs of such removal and restoration to the Town. Large-scale solar generation facility installations are considered abandoned after 180 days without electrical energy generation and must be removed from the property.

(3) Large-scale solar generation facilities are permitted as a principal use through issuance of a special use permit within R-1, RR, SR-R, and APRP Zoning Districts, subject to the following conditions, in addition to § 215-79, set forth in this chapter, including site plan approval.

(a) Building permits are required for the development of all solar generation facilities.

(b) Height and setbacks. Large-scale solar generation facilities are subject to special bulk requirements found in §§ 215-15 and 215-16 of the Town Code. The maximum height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. When calculating the maximum height of a solar collector, the Planning Board must incorporate other factors such as slope, elevation, and grade of the site. Large-scale solar generation facilities must be set back from any street 100 feet and from other lot lines by at least 50 feet.

[1] For any large-scale solar generation facility to be sited on a parcel that is located in, or is adjacent to, any residential zoning district, a twenty-foot buffer shall be provided in addition to the setback requirements.

(c) Lot size. A solar generation facility shall be located on lots with a minimum lot size of 20 acres and a minimum separation between large-scale generation facilities of 1,000 feet.

(d) Lot coverage. All site structures including the panels when oriented to zero tilt (pointing straight up) shall not cover more than 75% of the horizontal ground area of the lot.

(e) All solar arrays shall be designed to avoid glare and reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.

(f) The solar panels shall be located in a manner to reasonably minimize view blockage for surrounding properties.

(g) The solar panels shall be screened, which will harmonize with the character of the property and surrounding area, through the use of architectural features, earth berms, landscaping, or other screening capable of providing year-round screening; and if not already provided, any such screening shall be installed along all sides in such a way as to not obstruct solar access. A visual analysis shall be provided during the approval process using line-of-sight profiles to the proposed solar generation facility location.

(h) Fencing seven feet in height and signage shall be placed no closer than 75 feet from any public roadway around the utility meter on all large-scale solar generation facilities. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.

(i) Access roads for solar generation facilities shall be subject to the driveway specifications in § 215-38 of the Town Code.

(j) Tree maintenance and removal. Any tree clearing shall be justified with emphasis on development of previously cleared areas, and any proposed tree clearing shall not exceed an area of more than 50% of the subject property's size. Clearing shall be minimized and limited to the area necessary for site access and the installation and operation of solar panels.

(k) Ground-mounted solar array installations require delineation and avoidance of freshwater wetland areas, in accordance with § 215-72 of the Zoning Law. Areas containing streams shall be delineated and avoided in accordance with § 215-71.1 of the Zoning Law. Any installations shall indicate proposed construction areas prior to construction and be designed so as to avoid any potential impacts to environmentally sensitive areas.

(l) Stormwater analysis and control shall be provided consistent with NYSDEC requirements. A full stormwater pollution prevention plan meeting the requirements of the NYSDEC may be required as determined by the Town Engineer. Ground-level plantings must be added throughout the facility in order to mitigate stormwater runoff or erosion that may arise from rain sheeting off solar panels.

(4) Solar generation facilities and equipment shall be permitted only if they are determined by the Town Engineer not to present any unreasonable safety risks, including, but not limited to, the following:

(a) Weight load;

(b) Wind resistance; and

(c) Ingress and egress in the event of fire or other emergency.

(5) Installations in designated historic districts shall require a certificate of appropriateness from the Architectural Review Board.

(6) The Planning Board may, in its discretion, waive the requirements of this chapter for a large-scale solar generation facility that it finds is harmonious with land uses in the area where it is proposed to be built and where, because of its size or other considerations, the Planning Board finds that it does not need to be subjected to the special use permit and site plan regulations imposed by this chapter. This waiver may be a partial waiver and the Planning Board may impose any individual conditions found in this chapter.

(7) The Planning Board may impose additional conditions on its approval of any special use permit under this chapter in order to enforce the standards of the Town of Stony Point Code and the standards referred to in this chapter or in accordance with the State Environmental Quality Review Act (SEQRA).

D. Safety.

(1) All solar generation facility installations must be performed by a qualified solar installer.

(2) Prior to operation, electrical connections must be inspected by the Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.

(3) Any connection to the public utility grid must be inspected by the appropriate public utility, and a certificate of inspection must be provided to the Town.

(4) Solar generation facilities shall be maintained in good working order.

(5) All solar generation facilities must meet New York Uniform Fire Prevention and Building Code standards.

(6) If solar storage technologies are included as part of the solar generation facility, the storage technology 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 in use shall be disposed of in accordance with any and all applicable laws, codes, rules, and/or regulations.

E. Enforcement. Any violation of this chapter shall be subject to the same civil and criminal penalties provided for in the Zoning Regulations of the Town of Stony Point.

§ 215-92.5 Community and neighborhood places of worship.

[Added 4-27-2021 by L.L. No. 4-2021]

A. Community places of worship.

(1) A building containing a community place of worship shall comply with all requirements of all applicable building codes of New York State and the zoning code of the Town of Stony Point.

(2) No parking or loading shall be permitted within the required front yard, although a drop-off or porte cochere shall be permitted. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from all adjacent residential properties and the public street.

(3) Landscape buffer area. A minimum twenty-foot-wide landscaped area shall be provided along all property lines, excluding the front line, and access points. The landscaping shall incorporate plantings, berms, and such other elements as are necessary to screen the facilities.

(4) A community place of worship may or may not include a single residential dwelling unit, but occupancy of the unit shall be limited to clergy and/or their families. Such a single residential dwelling unit shall be considered accessory and shall not require any additional minimum lot area.

(5) The application for the community place of worship shall be referred to the Architectural Review Board in accordance with Article XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(6) For community places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions such as religious schools, social halls, administrative offices and indoor recreation facilities may be provided, so long as such facilities and functions shall be subordinate in aggregate to the size and function of the community place of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A School of General Instruction established at the site of a community place of worship shall not be considered as accessory to the community place of worship, but rather as an additional principal use.

(7) Attendance at any services, wedding receptions or other social or religious functions held at the community place of worship shall be limited to the capacity of the community place of worship as determined by the applicable building codes of New York State, as well as the available on-site parking, unless a parking management plan (PMP) is provided. Such events demanding parking in excess of the on-site parking provided shall require a PMP to be submitted for approval by the Planning Board as part of the special permit application establishing a community place of worship, pursuant to the requirements set forth below. The PMP shall be used to address parking demand during the maximum projected attendance at the maximum building capacity, for holy days or other large, planned events for the particular place of worship making the application. Such PMP shall be provided to the Stony Point Police Department, the applicable Fire Department and the office of the Stony Point Town Clerk. If a PMP is required, as part of the special permit process the applicant shall address the following:

(a) Designated off-site parking areas. The applicant shall submit a fully executed written agreement between the applicant and one or more providers of a location for off-site parking;

(b) The applicant shall indicate implementation of group travel to and from the off-site parking locations by the use of shuttle vehicles;

(c) The applicant shall use traffic control measures such as the hiring of an off-duty police officer and/or volunteers to facilitate pedestrian flow, as well as on-site and off-site traffic;

(d) The applicant shall provide a notification processes to notify patrons of the community place of worship and others regarding the locations of off-site parking areas to be used;

(e) The applicant shall indicate a method of pre-event registration to obtain a ticket before the holiday or event to use the on or off-site parking facilities; and

(f) In the event that off-site parking areas are not available to accommodate the full capacity of the community place of worship, methods to limit the number of event attendees to the number of attendees that can be accommodated in the on-site parking area or at any available off-site locations by utilization of a pre-event registration system and distribution of tickets to registered persons that will be submitted upon arrival at the site on the day of the event.

(g) Existing community places of worship in existence prior to the adoption of this section shall submit a PMP for large events to the Planning Board within one year of adoption.

(8) Signs. Signs shall be permitted for community places of worship in accordance with Article IX, and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.

(9) The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the community place of worship from adjacent residential properties, outdoor lighting, and other conditions of use of the community place of worship as, in the judgment of the Planning Board, are necessary for the community place of worship to be able to operate in a manner that is consistent with public safety and neighborhood character.

(10) Commercial kitchen and catering facilities are permitted, in compliance with all plumbing, electrical, fire, health and safety codes.

(11) A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

(12) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for community places of worship herein up to 3%, for good cause shown.

B. Neighborhood places of worship.

(1) A building containing a neighborhood place of worship shall comply with all requirements of all applicable building codes of New York State and the zoning code of the Town of Stony Point.

(2) A neighborhood place of worship may include a single residential dwelling unit, but occupancy of the unit shall be limited to clergy and their families. Such a single residential dwelling unit shall be considered an accessory use and shall not require any additional minimum lot area.

(3) For neighborhood places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory uses such as classrooms, social halls, administrative offices, baths, gymnasiums and/or indoor recreation facilities may be provided, so long as such accessory uses in their aggregate shall occupy a maximum of 35% of floor area. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction established at the site of a neighborhood place of worship shall not be considered as accessory to the neighborhood place of worship, but rather as an additional principal use.

(4) Parking lot landscaping. In addition to Article VIII and Chapter A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.

(5) The application for a neighborhood place of worship shall be referred to the Architectural Review Board in accordance with Article XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(6) A minimum twenty-foot-wide landscaped area shall be provided along all property lines, excluding the front line, and access points. The landscaping shall incorporate plantings, berms, and such other elements as are necessary to screen the facilities.

(7) Attendance at any services, wedding receptions or other social or religious functions for congregants held at the neighborhood place of worship shall be limited to available on- site parking. Irrespective of the neighborhood place of worship meeting the parking requirements of the Table of General Use Requirements, the attendance for

(8) Signs. Signs shall be permitted for neighborhood places of worship in accordance with Article IX and shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.

(9) Use of any outdoor areas of the property shall be limited only to parking and passive recreational uses requiring a minimum of facilities or equipment, which may include a small jungle gym or climber for children, benches and picnic tables.

(10) The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the neighborhood place of worship from adjacent residential properties, outdoor lighting, and other conditions of use of the neighborhood place of worship as, in the judgment of the Planning Board, are necessary for the neighborhood place of worship to be able to operate in a manner that is consistent with public safety and neighborhood character.

(11) No cooking facilities will be permitted, other than warming kitchen equipment for use by the clergy and/or congregants of the neighborhood place of worship and any kitchen equipment for exclusive use of residents of a residential dwelling unit. No catering facilities are permitted.

(12) A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

(13) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for neighborhood places of worship herein up to 3%, for good cause shown.

§ 215-92.6 Residential gathering places.

[Added 4-27-2021 by L.L. No. 4-2021]

A. A residential gathering place shall only be permitted as an accessory to a one-family detached residence complying with the bulk standards of the use group designated by the Town of Stony Point Table of General Use Requirements for one-family residences including consideration of water and sewer connection where relevant. The residence containing a residential gathering place shall further comply with the requirements of all applicable fire and building codes of New York State.

B. Only habitable spaces in compliance with all applicable building codes may be utilized for a residential gathering place.

C. The maximum occupancy of the portion of a residence used as a residential gathering place shall be the lesser of the number of occupants permitted by the Building Code of the State of New York based on occupant load, or the number of occupants determined by dividing the number of square feet of the portion of the residence so designated as a residential gathering place by 40 square feet per person.

D. No assemblies of nonresident persons may occur within a residential gathering place when the owner and/or permanent tenant is not present.

E. The portion of a residence used as a residential gathering place shall have a maximum floor area of 2,000 square feet, or a maximum of 50% of the gross floor area of the residence, whichever is less.

F. Notwithstanding any other provision of this chapter, only those accessory uses permitted as-of-right to a one family detached residence shall be allowed at a residence with a residential gathering place. All other accessory uses shall be prohibited including but not limited to administrative offices, bath and shower facilities, gymnasiums, indoor recreation facilities, schools and classrooms. Where such accessory uses are proposed, the use shall no longer be considered for issuance of a conditional use approval for a residential gathering place under this chapter.

G. A residential gathering place shall be considered a nonresidential accessory use of a residential principal use and conform to the requirements of § 215-92.7.

H. The Planning Board shall require adequate screening in the required rear and side yards, to protect the character and compatibility of adjacent uses. Screening can consist of a wall, fence and/or plantings as approved by the Planning Board.

I. The application for a residential gathering place shall be referred to the Architectural Review Board in accordance with Article XVI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

J. No regularly scheduled assembly may be held between the hours of 11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.

K. No space within the residential gathering place may be rented out to or utilized for meetings or functions not directly convened or hosted by the residents of principal one-family detached residence.

L. One sign is permitted which shall meet the standards for a home occupation sign as set forth in § 215-48E. In addition, the sign shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.

M. Use of any outdoor areas of the property by nonresidents shall be limited only to parking and passive recreational uses requiring a minimum of facilities or equipment, which may include a small jungle gym or climber for children, benches and picnic tables.

N. The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the residential gathering place from adjacent residential properties, outdoor lighting, and other conditions of use of the residential gathering place as, in the judgment of the Board, are necessary for the residential gathering place to be able to operate in a manner that is consistent with public safety and neighborhood character.

O. No kitchen or cooking facilities will be permitted, in scale or type other than those customarily incidental to a one-family detached residence.

P. A narrative summary shall be submitted to the Planning Board, providing the maximum anticipated number of persons to be assembled, square footage of the assembly spaces, days and hours of assembly, and number of parking spaces provided.

Q. Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for residential gathering places herein up to 3%, for good cause shown.

§ 215-92.7 Conditions applicable to all nonresidential special permit and conditional uses located in residential zoning districts.

[Added 4-27-2021 by L.L. No. 4-2021]

A. The following provisions shall apply to any nonresidential use authorized by special permit or conditional use permit in a residential zoning district and shall be in addition to any conditions specifically imposed on the use, or generally imposed by other provisions of this chapter. Where the following conditions conflict with any other standard of this code, the more restrictive provision shall govern.

(1) On-site parking shall be provided according to the standards indicated in the Table of General Use Requirements, Column F. This parking requirement may be reduced by up to 25% pursuant to § 215-34B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 215-34A. Parking demand beyond that provided on-site has significant potential to impact residential neighborhoods by resulting in on-street parking that may impact the capacity of residential streets to support safe pedestrian and cyclist use. Where the applicant anticipates that the actual parking demand will exceed that required by code regularly or occasionally based on special events or functions, the applicant shall provide adequate on-site parking in excess of the code required number or submit such other plans and interventions that are unobtrusive to the character of the residential neighborhood and avoid significant use of residential streets for parking accessory to the proposed use. Observance of regular on- street parking in the vicinity of an approved use shall be deemed presumptive evidence of noncompliance with the conditions of the conditional use permit requiring review by the Planning Board at the time of permit renewal pursuant to 215-77(B)(2).[1]

[1] Editor's Note: So in original.

(2) Parking lot landscaping. In addition to Article VIII and Chapter A220 requirements, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.

(3) No parking or loading shall be permitted within the required front yard, although a drop-off or porte cochere shall be permitted. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height of eight feet from any adjacent residential properties and the public street.

(4) Lighting. Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to be compatible with surrounding land uses. The applicant shall provide a lighting plan showing that exterior lighting will not be directly visible beyond the boundaries of the property line to the maximum extent practicable. Any lighting shall be directed away from adjoining streets and properties and shall be arranged as to reflect the light away from any adjoining properties and abutting streets, highways, and roads.