Town of Mamakating, NY Supplementary Use Regulations

§ 199-15 Home occupations.

Customary home occupations are deemed to be accessory uses to a single-family detached dwelling subject to the requirements contained herein. A home occupation shall not require full site development plan submission. However, an applicant shall be required to submit a lot survey indicating the location of the home and the area of the home to be used for purposes of the home occupation. A home occupation shall require a permit from the Building Inspector or special use permit approval from the Planning Board.

The Building Inspector may issue a permit for operation of a home occupation without Planning Board review and approval, provided the applicant may demonstrate the following:

(1)

The minimum lot size shall be 1/2 acre.

(2)

Such occupation is incidental to the residential use of the premises and is carried on in the principal building and solely by the owner-occupant.

(3)

Such occupation is carried on in an area not exceeding 25% of the gross floor area of the principal building.

(4)

At no time shall any premises be used in such a manner to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.

(5)

The existing capacity of the residence's water supply and sewage disposal systems to handle any additional demand generated by the home occupation shall be determined to be adequate for the particular use.

(6)

A studio where dancing or music instruction is offered is permitted, provided only one pupil at any one time is instructed. Concerts or recitals are prohibited.

(7)

Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.

(8)

There shall be no home deliveries of materials or supplies associated with the home occupation.

(9)

There shall be no outdoor storage of materials, supplies, or equipment associated with the home occupation.

The Building Inspector, upon a determination that the home occupation shall exceed any of the thresholds contained in § 199-15B above, shall deny an application for a home occupation, and the applicant shall be required to obtain a special use permit from the Planning Board. The following standards shall apply:

(1)

The minimum lot size shall be 1/2 acre.

(2)

Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with not more than two nonresident assistants.

(3)

Such occupation is carried on in an area not exceeding 25% of the gross floor area of the principal building.

(4)

(5)

The capacity of the residence's water supply and sewage disposal systems to handle any additional demand generated by the home occupation shall be determined to be adequate for the particular use.

(6)

A studio where dancing or music instruction is offered is permitted, provided only up to a maximum of four pupils at any one time are instructed. Concerts or recitals are prohibited.

(7)

Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.

(8)

The Planning Board may restrict the number of deliveries of materials or supplies associated with the home occupation.

(9)

There shall be no outdoor storage of materials, supplies, or equipment associated with the home occupation.

(10)

The Planning Board may approve the operation of a home occupation subject to any condition it deems necessary to ensure that the use does not diminish or impact the peace, security and the overall residential quality of the neighborhood.

§ 199-16 Commercial vehicles and recreational vehicles.

Commercial vehicles. This section shall not apply to farm equipment or vehicles operated in conjunction with agricultural operations nor to vehicles intended for the transport of livestock or poultry associated with agricultural operations. The on-site parking of commercial vehicles shall be permitted only as an accessory use to a single-family detached structure, subject to the following:

(1)

One commercial vehicle not exceeding 25 feet in length may be parked on a residential lot. The minimum lot size shall be one acre. No commercial vehicle shall be stored within the front yard of the lot, nor shall any vehicle be parked within 25 feet of any lot line or within a required yard, whichever is greater.

(2)

One commercial vehicle not exceeding 25 feet in length may be parked within a private garage on a residential lot. The minimum lot size shall be 1/2 acre.

(3)

The commercial vehicle shall be registered to the owner who shall be the occupant of the dwelling.

(4)

The on-site parking of more than two commercial vehicles shall constitute a contractor yard and shall not be allowed except as otherwise may be permitted in this chapter.

(5)

Heavy construction equipment, i.e., bulldozers, loaders, cranes, etc., shall not be parked or stored on any residential lot, except as part of any construction occurring on site. The storage of heavy construction equipment shall be deemed a contractor yard and shall not be allowed except as otherwise permitted in this chapter.

(6)

Tractor-trailers, garbage trucks, dump trucks and similar vehicles shall not be parked or stored on any residential lot within the Town of Mamakating.

Storage of recreational vehicles. The on-site parking of recreational vehicles shall be permitted only as an accessory use to a single-family detached structure. The outdoor storage of one recreation vehicle or boat is permitted for every 20,000 square feet of lot area, provided that such trailer or boat is unoccupied and not stored within any required yard.

§ 199-17 Livestock density criteria applicable to small-scale farming and agricultural farm operations located outside of agricultural districts.

Purpose. The Town of Mamakating is a rural community with existing areas of agricultural operations. The Town has determined that the raising and breeding of livestock for personal use is acceptable in the Town, provided these activities are appropriately regulated to control the density of animals for purposes of protecting adjoining residents as well as the animals themselves. Therefore, the following density provisions shall apply to the raising of all livestock or poultry, as defined in this chapter.

Exemption. Any farm operation within an agricultural district shall not be subject to these regulations, so long as the operations are:

(1)

Conducted in a manner which is not negligent or reckless;

(2)

Conducted in conformity with generally accepted and sound agricultural practices;

(3)

Conducted in conformity with all state and federal laws and regulations; and

(4)

Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person.

Special permit required. Any person raising and breeding livestock meeting the requirements of this section shall be considered a conforming use. Any person raising and breeding livestock in a manner not in conformity with these regulations shall require a special use permit from the Planning Board. The applicant shall demonstrate the following:

(1)

That the proposed animal density will not have a detrimental effect on the residence or adjoining neighborhood by creating deleterious odors, noise, or other health nuisances.

(2)

That the proposed animal density will not result in any injury or harm to the animals themselves.

(3)

That the animals are properly housed and contained on site.

For livestock, one animal unit is equivalent to a 1,000-pound nonlactating cow. The animal density listed below is based upon the calculation of one animal unit per acre:

Animal	Number per Acre
Sheep, goats	5 adults per acre
Alpacas, llamas	3 adults per acre
Pigs	3 adults per acre; 2 sows with litter per acre
Cattle	1 adult per acre
Horses	1 adult per acre
Miniature horses	4 adults per acre
Poultry	No more than 10 birds per 1/2 acre
Individual adult rabbits	3-5 pounds: 1.5 square feet 6-8 pounds: 3 square feet 9-11 pounds: 5 square feet
Female rabbit with litter	3-5 pounds: 4 square feet 6-8 pounds: 5 square feet 9-11 pounds: 6 square feet 12 or more pounds: 7.5 square feet

The following shall also apply:

(1)

The raising of more than 20 fowl shall require a special use permit in accordance with the provisions for poultry farms contained in Article V of this chapter.

(2)

One horse may be raised and/or boarded on any lot with a minimum two acres without constituting a small-scale farm. A stable and/or enclosures housing the horse shall be set back 25 feet from any lot line.

The minimum lot size for a small-scale farm shall be two acres.

Any structures appurtenant to a small-scale farm that house animals shall be located a minimum distance of 50 feet from any property line. Where a lot used for the breeding or raising of livestock or poultry adjoins a lot in residential use, livestock shall be housed or fenced to control animals from wandering onto the adjoining lot.

Dude ranches and the stabling of horses shall be subject to these density provisions.

§ 199-18 Planned resort community.

Intent. A planned resort community (PRC) is a mixed-use development planned as a single unit permitted by right in the Planned Resort - Office (PRO) Zoning District. The PRC is intended to provide economic development within the community by creating a tourist destination on a large tract of land, compatible with the natural surroundings of the development's environs. These PRC regulations allow a range of residential, nonresidential, recreational and open space uses in accordance with performance criteria. A PRC is to be designed and organized so as to permit the site to function without necessarily requiring the supportive services of adjacent neighborhoods. This section encourages creativity and innovations in resort design and the protection of ecologically sensitive land.

Objectives. In order to carry out the intent of this section, a planned resort community shall achieve the following objectives. It shall:

(1)

Promote economic development and encourage planned resort development in a manner that protects the rural character of the Town of Mamakating.

(2)

Provide a mix of resort-related uses, including the residential, nonresidential, recreational and open space uses outlined in Schedule II,[1] in accordance with these regulations and with the site plan regulations contained in this chapter.

[1]

Editor's Note: Schedule II is included as an attachment to this chapter.

(3)

Provide accessory facilities normally associated with resort-related uses and as outlined in the accompanying PRC Use Table[2] within the site where appropriate, subject to these regulations and this chapter.

[2]

Editor's Note: The PRC Use Table is Schedule II, included as an attachment to this chapter.

(4)

Protect and enhance the economic vitality of the Village of Wurtsboro, the Village of Bloomingburg, and the hamlets in the Town of Mamakating by ensuring that the proposed uses in the planned resort community are compatible with, and not necessarily in direct competition with, the uses permitted in the villages and hamlets.

(5)

To the maximum extent practicable, preserve water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features, and other areas of scenic and ecological value.

(6)

Prevent soil erosion and minimize flood hazards.

(7)

Permit the innovative and staged development of land which allows for an orderly transition of land from vacant to occupied use.

(8)

Allow the development of an appropriate mix of uses in a manner that protects the Town's fiscal base at all stages of the PRC's buildout.

Approvals required. Whenever any planned resort community is proposed, and before any permits for the use of land or erection of a building or structure in such development shall be granted, the developer or his authorized agent shall apply for and obtain site plan approval from the Town Planning Board.

Uses allowed in a PRC. All uses listed in Schedule II are permitted uses within a PRC.

General design standards for planned resort community. The PRC shall meet the following general design standards:

(1)

Location of planned resort community within the PRO District. A PRC is allowed in the PRO District subject to the bulk requirements for the individual uses as set forth in Schedule II.

(2)

Minimum area. The minimum area necessary to qualify for a PRC shall be 400 contiguous acres of land. For purposes of these provisions, property in the same ownership but separated only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot requirement for a PRC, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply.

(3)

Maximum density.

(a)

Year-round occupancy: dwelling units. The maximum density for a PRC shall be no greater than the maximum density permitted for single-family detached dwellings in the PRO District. The PRC is a use primarily intended to accommodate nonresidential resort-type facilities that promote economic development. To meet this objective, no more than 35% of the net acreage after deduction of environmental constraints pursuant to § 199-35 shall be used to calculate the residential density for dwelling units suited for year-round occupancy. The applicant shall first calculate the total number of year-round dwelling units. The remaining acreage may be used to calculate the maximum number of guest units for the PRC. The Planning Board may further restrict the year-round occupancy density to ensure that all year-round occupancy dwelling units that are to be served jointly with the resort by private water or private wastewater treatment systems have adequate lot area to allow for lawful and fully compliant installation of individual well and septic systems, including consideration of soils, slopes, all applicable standards, and the requirements of construction and access.

(b)

Transient occupancy: guest units. After the net acreage used to calculate year-round occupancy dwelling units is subtracted from the net acreage of the PRC parcel, the maximum number of guest units shall be established from the net acreage of the PRC parcel after deduction of environmental constraints pursuant to § 199-35, and using the following sliding scale:

Guest Unit Density
First 1 to 300 acres	5 guest units per acre
Each acre over first 300 acres	6 guest units per acre

(c)

A guest unit is a lodging unit, motel unit, condo-hotel unit, bungalow unit, villa unit or similar tourist accommodation unit designed and maintained for transient occupancy only. The Planning Board shall have the authority to impose conditions to ensure that guest units maintain their transient nature, including conditions on the design of the guest units, e.g., limitations on use of kitchens and kitchenettes, washers and dryers, limitations on the duration of visitor stays, maintenance of visitor guest books, the filing of covenants and restrictions, and similar conditions.

(4)

Maximum development coverage. Maximum development coverage shall not exceed 25% of the entire site.

(5)

Ownership. The tract of land proposed for a PRC development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships, or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the PRC application. In the case of multiple ownership, a plan, once approved, shall be binding on all owners, their successors and assigns.

(6)

Utilities. A planned resort community shall be served by central water and central wastewater treatment systems. Central water systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Health and other applicable agencies, and central wastewater treatment systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Environmental Conservation and other applicable agencies or standards and specifications promulgated by the Town of Mamakating. In developing utilities to service the proposed PRC, the applicant shall consider the infrastructure needs of adjoining neighborhoods and shall explore methods to develop a Town-endorsed system that accommodates the needs of adjoining neighborhoods. The applicant shall comply with the Town of Mamakating procedures and standards for establishment or extension of a Town water and/or wastewater treatment district should the proposed project require establishment or extension of a Town district. Gray water systems and water-saving devices shall be used to the maximum extent to limit water consumption. In the event that a Town-endorsed water and Town-endorsed sewer system are not provided, year-round occupancy units that will or may be owned separately from the ownership of the overall resort must be located on individual separate lots of adequate lot size and arrangement to accommodate the lawful and fully compliant installation of individual well and septic systems in the event that operation of any shared private utilities of the resort cease to properly operate. The sizing and arrangement of such individual lots shall consider soils, slopes, all applicable standards, and the requirements of construction and access.

Specific design standards. Unless otherwise waived by the Town Planning Board, the application shall demonstrate compliance with the following design standards:

(1)

Residential uses. A variety of residential dwelling types are permitted by right within a PRC. These include, but are not limited to, single-family detached and attached dwellings and multiple residences.

(2)

Lodging facilities, hotels and motels. All lodging facilities, hotels and motels within a PRC shall meet the design standards contained in § 199-26T(3) through (7). Said facilities shall be designed and operated for transient occupancy only.

(3)

Dude ranches. The site plan shall illustrate the general location of all horse trails. To the extent practicable, clear-cutting, or removal of mature trees, shall be discouraged in the design of trails. The site plan shall indicate the proposed width of horse trails to be established. The location of stables, the storage of manure, and other components of the facility shall meet all applicable state agricultural and health standards.

(4)

Golf courses.

(a)

Turf management and water quality assurances. As part of an application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. The plans shall be prepared in accordance with any guidelines established by the New York State Department of Environmental Conservation and shall take into account guidelines promulgated by the United States Golf Association. These plans will include best management practices to prevent or minimize adverse impacts of chemical applications on the groundwater and surface water resources associated with the golf course. In assuring compliance with the same, the Planning Board may require the establishment of a monitoring program to protect the water quality of groundwater and water resources, the cost to be borne by the applicant.

(5)

Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development to the maximum extent practicable. Buffers along water bodies and/or wetland areas shall conform to standards set forth by the New York State Department of Environmental Conservation (DEC) and the Army Corps of Engineers. As a general guideline, multiple stream crossings should be avoided and stream corridors should remain forested to protect water quality and avoid soil erosion.

(a)

Buildings and structures shall be set back, and no disturbance shall be permitted within, a minimum distance of 50 feet from the banks of any stream regulated by the New York State DEC unless the applicant has obtained a stream disturbance permit from New York State DEC. Along streams that are not regulated by the New York State DEC, buildings and structures shall be set back, and no disturbances shall be permitted within. a minimum distance of 25 feet from the stream's bank. Stream buffers shall be included as practicable in the overall PRC design to protect the quality of surface water runoff which ultimately discharges to the Bashakill natural area and recharges the Town's groundwater upon which the Town and village residents rely for water supply.

(b)

Where the Planning Board finds, based on the conclusions of the ecological survey and in consultation with the New York State DEC, that a proposed development may have an impact on a rare, threatened or endangered species, or a species of special concern, the Planning Board may require additional undisturbed buffers or may require relocation or reduction in development density or intensity to mitigate potential impacts.

(6)

Maximum development height. The maximum height for buildings and structures within the stated location shall be as follows:

(a)

Six stories not to exceed 60 feet for resort conference centers, lodging facilities, condo-hotels, hotels and motels.

(b)

For all other uses, the maximum building height shall be as per the requirements contained in Schedule II.

(7)

Optional increase in development height. The Town Planning Board may approve an increase in maximum development height for resort conference centers, lodging facilities, condo-hotels, hotels and motels of up to 10 stories not to exceed 100 feet.

(a)

The Planning Board, in its deliberations, shall determine that said increase shall have the following benefits:

[1]

The architecture of any proposed buildings that are permitted an increase in development height shall be of superior visual quality and its design compatible with the surrounding rural character of the community and its natural surroundings.

[2]

The location and design of the structures shall minimize potential visual impacts to surrounding neighborhoods.

(b)

The following information shall be submitted by the applicant to assist the Planning Board in its decisionmaking:

[1]

A zone of visibility map shall be provided in order to determine locations from which the building may be seen.

[2]

A computerized, three-dimensional visual simulation of the proposed structures and/or buildings which are expected to exceed 40 feet in height. Visual simulations and other appropriate graphics shall be provided illustrating views from key viewpoints within the Town and its villages, including, but not limited to, state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Planning Board shall determine the appropriate key locations from which visual simulations shall be prepared prior to their preparation.

[3]

An architectural rendering of each elevation of the structures and/or buildings which are projected to exceed the forty-foot height limit. The renderings and other support information shall demonstrate how the structures and/or buildings will be compatible with the surrounding character of the natural and built environment.

[4]

A description and illustrative representation of the site disturbance and amount of clearing associated with the proposed development.

[5]

Such other information as the Board shall request from time to time.

(c)

Design. The Planning Board, in its decisionmaking, shall utilize the following general design principles:

[1]

Windows. Ribbon glass is not permitted. Windows shall incorporate shutters, bracketed tops, entablatures or pediments, keystone or flat lintels, multi-paned glazing, and other decorative elements to provide visual interest and break up any monotony of the building facade.

[2]

Building facade. The building facade shall incorporate varied materials to provide texture and visual interest. Decorative details which use wood, timbers, stone, brick, and similar natural materials shall be incorporated into the design to provide a rural, rustic character to the building.

[3]

Lighting. Exterior lighting above six stories shall be discouraged to limit impacts to the night sky. Windows shall include glazing which minimizes the window's illumination and impacts to the night sky.

[4]

Building massing. The building's mass shall be varied, and the Planning Board may require alternating heights, square or round towers, rooftop cupolas, oriels, chimneys, building wings, and setbacks and breaks in the plane of building walls to achieve variations in building massing.

[5]

Rooflines. In order to avoid a monotonous roofline, the roofline shall be varied using alternating roof pitches, a combination of side and front gables, dormers, decorative parapets, or other elaborations that achieve the same effect. Flat roofs are not permitted. Roofs shall use darker, earthtone colors to minimize visibility.

[6]

Building color. The Planning Board may require that the building be designed with darker, earthtone colors to limit the visibility of the structure.

(8)

The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography, and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. Streets shall conform to Town of Mamakating street and road specifications. A pedestrian system shall be provided to link guest units to other on-site activities.

(9)

Internal road access. All uses shall have access to a public or private street except residences, which need no frontage on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a homeowners' association or other entity legally charged with maintenance of common areas.

(10)

Primary road access. Primary transportation access serving the site shall be on an improved public road with traffic capacity suitable to handle additional volumes created by the proposed development. The Planning Board may limit and restrict the location of access points where said access would require reliance on Town roads, particularly where those roads do not currently meet Town specifications. The Planning Board may restrict access points on Town roads where reasonable opportunities for access to the proposed site exist on state or county highways.

(11)

Emergency services. The applicant shall demonstrate to the satisfaction of the Planning Board that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Planning Board, as a condition of approval, may require the applicant to supplement emergency service protection, including the provision of on-site facilities, provision of private security or other private emergency services, if it is demonstrated that existing services, facilities or equipment is inadequate to properly provide emergency protection.

(12)

Building area. The location and arrangement of all structures shall be in harmony with the intent of this district. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town.

(13)

Boundary setbacks, buffer areas, screening and transitional uses. No building, parking area or road shall be permitted within 50 feet of any property line in order to minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural, undisturbed areas and/or supplemental plantings shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development. Buildings exceeding 50 feet in height shall be set back a minimum distance equal to the height of the structure.

(14)

Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures in a PRC shall conform to the requirements listed in Schedule II. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. Parking garages, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.

(15)

Common property in the PRC. Common property in the PRC is a parcel or parcels of land, and privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Arrangements satisfactory to the Town Board upon the review and recommendations of the Attorney for the Town must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, parking and recreation areas.

(16)

Utilities. Utilities shall be designed, installed and operated in accordance with industry standards and best management practices. Plans for utilities shall be reviewed by the Town Engineer and installed and operated in accordance with required permits. To improve the visual quality of the environment and reduce disruption of service during inclement weather, utilities, including electric and cable, shall be installed underground.

(17)

Stormwater management and erosion control plan. The applicant shall submit a stormwater management and erosion control plan and shall follow best management practices promulgated by the New York State Department of Environmental Conservation to adequately handle stormwater runoff and protect water quality. Stormwater management facilities, including detention or retention ponds, swales and other drainage features, shall be attractively landscaped. The project's stormwater management system shall allow zero net increase in the rate of stormwater runoff.

(18)

Landscaping. All areas of the planned resort community shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the PRC application.

(19)

Lighting. On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board with the application for site plan review. The level of illumination shall not exceed a minimum average horizontal level of 0.5 footcandle at the property boundary. Decorative lighting fixtures shall be incorporated into the overall design of the project; cobra-head light fixtures shall be discouraged.

(20)

Signage. The applicant shall furnish a sign plan illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance.

(21)

Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the Subdivision Regulations. However, where a conflict exists between the development standards contained in this section (i.e., § 199-18 et seq.) and any of the above, this section shall prevail.

Application procedures. Site plan review and approval shall be conducted in accordance with the provisions contained in Article IX, Site Development Plan Review; provided, however, that a public hearing on the PRC application shall be required. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior to the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.

Submission requirements. In addition to those elements normally required as part of a site plan or subdivision plan submission, the following additional information shall be submitted as part of the site plan application. Alternatively, these data may be submitted in conjunction with a draft environmental impact statement if one is prepared.

(1)

Traffic study, indicating the ability, in terms of capacity and geometry, of the internal and roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, if necessary, to minimize traffic impacts on Town roads and ensure adequate traffic flow through the community.

(2)

Ecological survey, assessing the type and quality of ecological habitat on the project site and immediately adjoining properties, and a description of the flora and fauna determined through on-site field investigation. The applicant shall consult with the New York State DEC early in the application process to determine the likely presence of rare, threatened or endangered species as well as species of special concern, and the design of the PRC shall conform to any mitigations required to avoid impacts to said sensitive species. The ecological study shall take into consideration seasonal variations in determining the likely presence of species. To the maximum extent practicable, the design of the PRC shall maximize opportunities to provide a contiguous system of open space which may be linked to open space areas on adjoining parcels.

(3)

Cultural resource survey, including a Stage 1A analysis, and, if necessary, subsequent stages of investigation, in accordance with methods and procedures promulgated by the New York State Office of Parks, Recreation and Historic Preservation.

(4)

Market feasibility study, demonstrating the market demand for the proposed components of the PRC, and evidence to demonstrate the applicant's experience and financial capability to carry out the plan.

(5)

Demographic analysis, identifying the number and type of housing and guest units to be constructed, the bedroom mix, and the anticipated year-round and seasonal population, including school children, to be generated, utilizing demographic multipliers derived from the market area which the proposed project will serve.

(6)

Fiscal impact study and the assumptions upon which it is based to review the estimated municipal and school district costs, including capital and operating costs, and the services and ratables which might be anticipated for the development.

(7)

A report demonstrating the effect of the introduction of a water supply system to service the PRC on off-site wells prepared by a hydrogeologist. The report will include data on existing and proposed on- and off-site well locations, well yield test and well pump data, well yield capacity, and aquifer recharge/water budget analysis. The potential impact on drawdown of surrounding wetland and water resources shall be documented.

(8)

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 (Stormwater Control) shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 160 (Stormwater Control). The approved site plan shall be consistent with the provisions of Chapter 160 (Stormwater Control).

SEQRA. An application for a PRC shall be deemed to constitute a Type I action, which may require the submission of a draft environmental impact statement (DEIS). The site plan application shall not be deemed complete until the Town Planning Board has either adopted a negative declaration under SEQRA or has accepted a DEIS as complete.

Project phasing. If the project is to be phased, then a phasing plan shall be submitted and approved as part of the site plan application. The Planning Board, as a condition of site plan approval, may require that the project and ancillary improvements be phased in order to assure that the Town and other community services may keep pace with the demands placed on these services as a result of the PRC development. The Planning Board may also approve a part or parts of the site plan in phases.

Conditions. The Town Planning Board, at its discretion, may attach any reasonable conditions to site plan approval for a PRC as necessary to assure conformance of the PRC with the intent and objectives of these regulations and SEQRA.

Site improvements. No certificate of occupancy shall be issued for construction of a planned resort community, or portion thereof, until the required improvements are installed in accordance with the approved site plan.

§ 199-19 Supplemental use regulations for the RVP District.

Intent. Given the historic resort use of lands in proximity to New York State Route 17, areas of the RVP Zoning District are suited for limited mixed-use resort development. Use of these areas for limited mixed-use resort development will provide economic development activities consistent with the goals and objectives of the Town of Mamakating Comprehensive Master Plan for Conservation and Development.

General design standards. The following standards are set forth to provide a balanced approach for continued use of a limited portion of the Shawangunk Ridge for a mix of resort-type uses while maintaining the visual integrity of this area of the Town.

(1)

Location. Development of mixed-use resorts shall only be permitted on properties within the RVP District which properties or portions thereof are located within 2,000 feet of an existing entrance and/or exit to New York State Route 17.

(2)

Permitted uses. A limited mixed-use resort development consists of, at a minimum, a building or buildings used for guest overnight accommodations and recreational uses, including a golf course (subject to the design requirements contained in § 199-26I), cross-country ski trails, horse and hiking trails, tennis and paddleball courts, basketball courts, indoor or outdoor swimming pool and clubhouse. A limited mixed-use resort development may also include resort-related single-family detached structures or single-family attached (townhome) units subject to the design requirements contained in § 199-26N(5)(a). The following uses are allowed accessory to the resort hotel, provided said uses are incorporated into the principal resort building: rooms for meetings and conferences, dining rooms, indoor fitness center, and administrative offices. Ancillary retail uses are permitted, provided they are limited to use by resort guests and the space for said uses is incorporated into the principal resort building. The Planning Board may limit the size and hours of operation of accessory uses to ensure conformity with the intent of these regulations.

(3)

Ownership. The tract of land proposed for mixed-use resort development within the stated location may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships, or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the site plan application. In the case of multiple ownership, a plan, once approved, shall be binding on all owners, their successors and assigns.

(4)

Utilities. Mixed-use resort projects located within the stated area shall be served by central water and central wastewater treatment systems discharging to the Shawangunk Kill watershed. Central water systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Health, and central wastewater treatment systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Environmental Conservation or standards and specifications promulgated by the Town of Mamakating, whichever are more protective of the environment. Where discharge to the Shawangunk Kill watershed is not possible and discharge to the Basher Kill watershed is proposed, the Planning Board shall require that the proposed quality of treatment is adequate to preclude impacts to the ecology of the Basha Kill from nitrogen loading, pharmacological or chemical impacts even where state water quality standards are met. In developing utilities to service the proposed mixed-use resort, the applicant shall consider the infrastructure needs of adjoining neighborhoods and shall explore methods to develop a Town-endorsed system that accommodates the needs of adjoining neighborhoods. The applicant shall comply with the Town of Mamakating procedures for establishment or extension of a municipal water and/or wastewater treatment district should the proposed project require establishment or extension of a municipal district. Gray water systems and water-saving devices shall be used to the maximum extent to limit water consumption. In the event that a Town-endorsed water and Town-endorsed sewer system are not provided, year-round occupancy units that will or may be owned separately from the ownership of the overall resort must be located on individual separate lots of adequate lot size and arrangement to accommodate the lawful and fully compliant installation of individual well and septic systems in the event that shared private utilities of the resort cease to properly operate. The sizing and arrangement of such individual lots shall consider soils, slopes, all applicable standards, and the requirements of construction and access.

(5)

Minimum lot area. The minimum lot area for development of mixed-use resorts shall be 200 contiguous acres. For purposes of these provisions, property in the same ownership but separate only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot area requirement stated above, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply in the limited purpose of meeting the minimum lot area but shall apply in determining maximum density and for any other purpose.

(6)

Maximum density.

(a)

Year-round occupancy: dwelling units. The maximum density for a mixed-use resort is one dwelling unit per 7.5 net acres after deduction of environmental constraints pursuant to § 199-35. No more than 50% of the net acreage shall be used to calculate the density for dwelling units suited for year-round occupancy. The applicant shall first calculate the total number of year-round dwelling units. The remaining acreage may be used to calculate the maximum number of guest units for the mixed-use resort.

(b)

Transient occupancy: guest units. After the acreage used to calculate year-round occupancy is subtracted from the total net acreage of the parcel, the maximum number of guest units shall be established. Guest units shall be permitted at a density of 1.50 guest units per net acre after deduction of environmental constraints pursuant to § 199-35.

(c)

A guest unit is a lodging unit, motel unit, condo-hotel unit, bungalow unit, villa unit or similar tourist accommodation unit, designed and maintained for transient occupancy only. The Planning Board shall have the authority to impose conditions to ensure that guest units maintain their transient nature, including conditions on the design of the guest units, e.g., limitations on use of kitchens and kitchenettes, washers and dryers, limitations on the duration of visitor stays, maintenance of visitor guest books, the filing of covenants and restrictions, and similar conditions.

(7)

Maximum development coverage. Maximum development coverage shall not exceed 25% of the entire site.

(8)

Maximum development height. The maximum height for building and structures within the stated location shall be as follows:

(a)

Forty feet for resort conference centers, lodging facilities, condo-hotels, hotels and motels.

(b)

Thirty feet for all other uses, including residential dwellings.

(9)

(a)

The Planning Board, in its deliberations, shall determine that said increase shall have the following benefits:

[1]

The architecture of any proposed buildings that are permitted an increase in development height shall be of superior visual quality and its design compatible with the surrounding rural and rustic character of the ridgeline and its environs.

[2]

The resulting design reduces overall disturbance to the project site, especially in areas where sensitive ecological habitat has been documented.

[3]

The buildings meet LEED Silver® standards for energy efficiency or equivalent building energy efficiency scoring.

(b)

The following information shall be submitted by the applicant to assist the Planning Board in its decisionmaking:

[1]

A zone of visibility map shall be provided in order to determine locations from which the building may be seen.

[2]

[3]

[4]

A description and illustrative representation of the site disturbance and amount of clearing associated with the proposed development.

[5]

Such other information as the Board shall request from time to time.

(c)

Design. The Planning Board, in its decisionmaking, shall utilize the following general design principles:

[1]

[2]

[3]

Lighting. Exterior lighting above four stories shall be discouraged to limit impacts to the night sky, except as required by the Federal Aviation Administration. Windows shall include glazing which minimizes the window's illumination and impacts to the night sky. All on-site lighting shall be full-cutoff fixtures approved by the International Dark Sky Association, or equivalent certifying organization.

[4]

[5]

[6]

Building color. The Planning Board may require that the building be designed with darker, earthtone colors to limit the visibility of the structure.

[7]

Architecture. The Planning Board shall consider the building characteristics and features of Mohonk Mountain House as a model of rural or rustic character. Nothing herein, however, shall limit the Planning Board from approving other designs that similarly complement the rural and rustic character of the Town of Mamakating.

(10)

(a)

Buildings and structures shall be set back, and no disturbance shall be permitted within, a minimum distance of 50 feet from the banks of any stream regulated by the New York State DEC unless the applicant has obtained a stream disturbance permit from the New York State DEC. Along streams that are not regulated by the New York State DEC, buildings and structures shall be set back, and no disturbances shall be permitted within, a minimum distance of 25 feet from the stream's bank. Stream buffers shall be included as practicable in the overall PRC design to protect the quality of surface water runoff which ultimately discharges to the Bashakill natural area and recharges the Town's groundwater upon which the Town and village residents rely for water supply.

(b)

(11)

Emergency services. The applicant shall demonstrate to the satisfaction of the Planning Board that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The applicant may be required to supplement emergency service protection, including the provision of on-site facilities, if it is demonstrated that existing services, facilities or equipment is inadequate to properly provide emergency protection.

(12)

(13)

Boundary setbacks, buffer areas, screening and transitional uses. No building, parking area or road shall be permitted within 50 feet of any property line in order minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural, undisturbed areas and/or supplemental plantings shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development.

(14)

Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures shall conform to the requirements listed in Article VII, Parking Standards. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. A parking garage, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.

(15)

Common property. Common property is a parcel or parcels of land, and privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Arrangements satisfactory to the Town Board upon the review and recommendations of the Attorney for the Town must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, parking and recreation areas.

(16)

(17)

(18)

Landscaping. All areas of a limited mixed-use resort development shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application.

(19)

(20)

Signage. The applicant shall furnish a sign plan illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance.

(21)

Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the Subdivision Regulations. However, where a conflict exists between the development standards contained in this section (i.e., § 199-19 et seq.) and any of the above, this section shall prevail.

Application procedures. Site plan review and approval shall be conducted in accordance with the provisions contained in Article IX, Site Development Plan Review; provided, however, that a public hearing on the mixed-use resort application shall be required. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior to the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.

(1)

(2)

Ecological survey, assessing the type and quality of ecological habitat on the project site and immediately adjoining properties, and a description of the flora and fauna determined through on-site field investigation. The applicant shall consult with the New York State DEC early in the application process to determine the likely presence of rare, threatened or endangered species as well as species of special concern, and the design of the resort shall conform to any mitigations required to avoid impacts to said sensitive species. The ecological study shall take into consideration seasonal variations in determining the likely presence of species. To the maximum extent practicable, the design of the resort development shall maximize opportunities to provide a contiguous system of open space which may be linked to open space areas on adjoining parcels.

(3)

Cultural resource survey, including a Stage 1A investigation and, if necessary, subsequent stages of investigation in accordance with methods and procedures promulgated by the New York State Office of Parks, Recreation and Historic Preservation.

(4)

Market feasibility study, demonstrating the market demand for the proposed components of the resort development, and evidence to demonstrate the applicant's experience and financial capability to carry out the plan.

(5)

(6)

(7)

A report demonstrating the effect of the introduction of a water supply system to service the resort on off-site wells prepared by a hydrogeologist. The report will include data on existing and proposed on- and off-site well locations, well yield test and well pump data, well yield capacity, and aquifer recharge/water budget analysis. The potential impact on drawdown of surrounding wetland and water resources shall be documented.

SEQRA. An application shall be deemed to constitute a Type I action, which may require the submission of a draft environmental impact statement (DEIS). The site plan application shall not be deemed complete until the Town Planning Board has either adopted a negative declaration under SEQR or has accepted a DEIS as complete.

Project phasing. If the project is to be phased, then a phasing plan shall be submitted and approved as part of the site plan application. The Planning Board, as a condition of site plan approval, may require that the project and ancillary improvements be phased in order to assure that the Town and other community services may keep pace with the demands placed on these services as a result of the development. The Planning Board may also approve a part or parts of the site plan in phases.

Conditions. The Town Planning Board, at its discretion, may attach any reasonable conditions as necessary to assure conformance with this section and SEQRA.

Site improvements. No certificate of occupancy shall be issued for construction of a resort development, or portion thereof, until the required improvements are installed in accordance with the approved site plan.

§ 199-20 Design guidelines for commercial and industrial districts.

Intent. The Town of Mamakating wishes to protect its unique character, which is a combination of spectacular natural features, early building traditions and its cultural heritage. Traditionally, commercial and industrial buildings were located in the Town's villages and hamlet centers. Over time, the unique features of the commercial buildings in the Town helped to define its character. These features can also provide direction for outlying commercial/industrial development, while it is understood that they will be adapted in different ways. The community wishes to respect the design traditions of its past within its commercial districts while supporting the unique identity of these areas. It also wants to allow for creativity in design. Within its AD Airport Development District, the community wishes to provide design guidelines that ensure that industrial and office developments are designed in a manner that respects the character of the community and does not detract from its natural environment. These design guidelines are the outgrowth of recommendations within the Town's Comprehensive Master Plan. They shall apply to all developments within the Town's VA Village Adjacent, HC Hamlet Center, and AD Airport Development Districts that are subject to § 199-45, Site plan review and approval, and § 199-26, Individual standards for special uses.

Objectives. The Planning Board, in its decisionmaking, shall utilize the general design principals contained within the Design Guidelines for Commercial/Industrial Districts, which are attached hereto as Schedule III.[1]

[1]

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

Design guidelines adopted. To encourage high-quality and aesthetically pleasing design of commercial and industrial properties within the Town's VA Village Adjacent, HC Hamlet Center, and AD Airport Development Districts, the Town of Mamakating hereby appends the document entitled "Design Guidelines," dated April 2006, to this chapter as Schedule III. This document shall provide general guidelines and principles appropriate to the site design of commercial and industrial properties as well as the architectural features of commercial and industrial buildings, along with visual examples of attractive and effective application of such design principles for use in the development of site plan applications, building elevation and as a basis for the Planning Board's review of such applications.[2]

[2]

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

§ 199-21 Solar energy systems.

Authority. This solar energy law systems zoning law (this section) is adopted pursuant to §§ 261 through 263 of the Town Law of the State of New York, which authorize the Town of Mamakating to adopt zoning provisions that advance and protect the health, safety, and welfare of the community and to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.

Statement of purpose.

(1)

This section is adopted to advance and protect the public health, safety, and welfare of the Town of Mamakating, including:

(a)

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

(b)

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and

(c)

Increasing employment and business development in the region by furthering the installation of solar energy systems.

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 material, semitransparent skylight systems, roofing materials, and shading over windows.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground or attached to a pole or other mounting system.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

QUALIFIED SOLAR INSTALLER

A person who possesses skills and knowledge related to the construction and operation of solar energy systems, equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible solar installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purpose of this definition.

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.

SITE

The area within which or upon which a solar energy system is constructed, used or operated.

SMALL-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is ground-mounted and produces energy primarily for the purpose of producing electricity for on-site consumption.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of a solar energy system.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

Solar collectors, modules, controls, energy storage devices, and other materials, hardware and equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed, including the solar access necessary for the system to operate as designed, and any areas of land that are disturbed or cleared for construction, use or operation, to provide or maintain the solar access, access drives and any accessory or appurtenant structures. For the purpose of this chapter, a solar energy system does not include a solar energy system of four square feet or less in size.

SOLAR PANEL

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

Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, except this section shall not apply to building-integrated photovoltaic systems or to general maintenance and repair of solar energy systems.

General permit, inspection and operation requirements.

(1)

Application for and issuance of a building permit shall be required prior to installation of a solar energy system.

(2)

A solar energy system shall be designed and installed in accordance with all applicable laws, codes and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code and other state code provisions.

(3)

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

(4)

Prior to operation, electrical connections must be inspected by the Town Building Inspector and by a qualified electrical inspector acceptable to the Town. Any connection to the public utility grid must meet all applicable Town, state, federal and public utility laws, rules and regulations.

(5)

All solar energy systems shall be maintained in good working order.

Roof-mounted solar energy systems.

(1)

Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to the roof of any lawfully permitted building or structure.

(2)

Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

(3)

A roof-mounted system may be mounted on any legal principal or accessory building or structure.

(4)

Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:

(a)

When feasible, as determined by the Code Enforcement Officer, panels facing the front yard should be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

(5)

Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review.

(6)

The applicant shall file a New York State unified solar permit (USP) application and pay all fees to obtain a building permit.

Small-scale solar energy systems.

(1)

Small-scale solar energy systems are permitted as accessory structures in all zoning districts, subject to the requirements set forth in Subsection G(3) below.

(2)

Small-scale solar energy systems must obtain site plan approval from the Planning Board, unless the Code Enforcement Officer determines that the solar energy system will not be visible, due to year-round vegetation screening or topography, from a public or private road or from adjoining properties. If such determination is made, site plan approval is not required, and Subsection G(3)(b) below shall not apply, but issuance of a building permit is required. The applicant shall file a New York State USP application, if applicable.

(3)

The following requirements shall apply to all small-scale solar energy systems:

(a)

Height and setbacks. Small-scale solar energy systems shall not exceed 12 feet in height and shall meet the setback requirements of the zoning district for accessory structures.

(b)

A small-scale solar energy system shall not be placed in the front yard, or closer to the street line than the street wall of the principal structure, unless the applicant demonstrates to the satisfaction of the Planning Board that the proposed area is the only area where the solar energy system can reasonably function and that appropriate screening from adjoining properties and from public and private roadways shall be provided. This subsection shall not apply to a solar energy system permitted by the Code Enforcement Officer pursuant to Subsection G(2) above.

(c)

The solar energy system and related equipment shall be substantially screened from view from adjoining properties and from public and private roadways.

(d)

Removal of unused solar energy system and equipment. The applicant and property owner must agree, in writing, to remove the solar energy system and all associated equipment and structures if the solar energy system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within three months thereafter. If the solar energy system is not completely removed within three months, the Town shall have the right and authority to enter upon the property and remove and dispose of the system. All costs of such removal, including, but not limited to, reasonable attorneys' fees, shall be charged to the property owner. If such costs are not paid, such charges shall be a lien upon the property and shall be assessed, levied and collected in the same manner as real property taxes.

(e)

Lot coverage. The surface area covered by ground-mounted solar panels shall be included in total lot coverage for stormwater management design purposes but not for development coverage purposes.

Large-scale solar energy systems.

(1)

Large-scale solar energy systems are permitted as a special permit use in all zoning districts, except the Ridge and Valley Protection (RVP) District, subject to special use permit and site plan approval by the Planning Board and subject to the following special use permit requirements and conditions.

(2)

A large-scale solar energy system shall not be permitted on a site unless at least 50% of the site has existing solar access for the proposed solar energy system prior to any land disturbance or tree clearing.

(3)

A large-scale solar energy system shall not be permitted on a site where 50% or more of the site contains any or all of the following sensitive areas:

(a)

100-year flood hazard zones;

(b)

Land within a federal or state-regulated wetland or wetland adjacent buffer area;

(c)

Land containing slopes over 15% grade;

(d)

Land containing significant or rare natural ecological communities as designated by the New York State Department of Environmental Conservation;

(e)

Mature forested land, which is defined as a forested area where the canopy layer is comprised of at least 50% of trees having an average diameter at breast height of 15 inches or greater.

(4)

Special use permit requirements and conditions. In addition to all other site plan and special use permit requirements, the following requirements and conditions shall apply:

(a)

The applicant shall submit a site map depicting any sensitive area listed in Subsection H(3) above; depicting ecological communities based on Edinger's Second Edition Ecological Communities of New York State; and showing and identifying all trees of eight-inch diameter or greater at breast height by species, condition of health and diameter at breast height.

(b)

Large-scale solar energy systems shall not be constructed on any portion of a lot containing a sensitive area listed in Subsection H(3) above, except that where no practical alternative exists, the Planning Board may allow limited disturbance of such areas to provide vehicular or utility access or the installation of security fencing.

(c)

Large-scale solar energy systems shall be sited to minimize disturbance of higher-value ecological communities. For the purposes of defining ecological value, the Planning Board shall consider the quality of the community based on biodiversity and the absence or presence of invasive and nonnative species. Established natural communities shall be given preference for preservation over areas of human disturbance or successional communities.

(d)

No more than five acres of forested land, defined as a forested area where the canopy layer is comprised of at least 50% of trees having an average diameter at breast height of eight inches or greater, may be cleared in connection with the construction of a large-scale solar energy system.

(e)

Ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, native, non-fertilizer-dependent flora.

(f)

Roadways within the site shall not be constructed of impervious materials, and the site shall be designed to minimize the extent of roadway construction and soil compaction.

(g)

Stormwater improvements shall be designed, constructed and maintained such that there is no net increase in the rate or volume stormwater runoff from the site.

(h)

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(i)

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

(j)

Property operation and maintenance plan. Such plan shall describe continuing solar energy system repair and maintenance and property upkeep, such as mowing and trimming. The use of herbicides is prohibited.

(k)

The following dimensional requirements shall apply to large-scale solar energy systems:

Dimension	Number of Feet
Lot width	250
Front yard setback	100
Side yard setback (each)	75
Rear yard setback	75
Building height	35
Maximum height of solar collectors	12
Maximum height of fencing	7

(l)

The total area to be occupied by the solar energy system shall not exceed 20 acres.

(m)

All on-site power lines shall be installed underground unless the applicant demonstrates to the satisfaction of the Planning Board that another type of installation will not be visible to any neighbor or the public and such installation is no less protective of the environment.

(n)

All large-scale solar energy systems shall be enclosed by seven-foot-high perimeter fencing to prevent unauthorized access. There shall be a six-inch gap at the bottom of the fencing to allow small wildlife access to and from the site. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

(o)

Appropriate screening shall be provided, as determined by the Planning Board in its sole direction, to screen the solar energy system and fencing from residential properties, public roads, private roads and private rights-of-way to the maximum extent practicable. The applicant shall provide a visual analysis to the Planning Board using line-of-sight profiles from public viewing locations determined by the Planning Board.

(p)

Buildings and structures associated with the solar energy system shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment.

(q)

Solar panels and equipment shall be designed and sited so as to not reflect glare onto other properties, public roads or private roads or rights-of-way and shall not interfere with traffic or create a safety hazard.

(r)

Driveways servicing the site shall have safe sight distance and lawful and appropriate access for emergency vehicles and equipment. Access to the site shall be reviewed by the relevant emergency service provider(s).

(s)

The identification of the manufacturer and installer, and appropriate warning signs, shall be posted at the site, be clearly visible and be weather-resistant.

(t)

The solar energy system and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. The markings shall be placed adjacent to the main service disconnect in a location clearly visible from where the power lever is located. If any of the standards in this subsection are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), these standards shall be deemed to be guidelines only, and the standards of the State Code shall apply.

(u)

The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

(5)

Decommissioning, removal and security.

(a)

Decommissioning and removal plan. To ensure the proper removal of the solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of a special permit authorized by the Planning Board. The decommissioning plan shall specify that after the solar energy system ceases operation for its intended purpose, the system shall be removed by the applicant, owner/operator of the system or property owner and by any subsequent owner/operator of the system or property owner. The plan shall demonstrate how the removal of the solar energy system and all related equipment and structures shall be conducted and how the remediation and restoration of soil and vegetation shall be conducted to return the property to substantially its condition prior to construction. The plan shall include a timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take inflation into account. The decommissioning plan shall state the time period within which the solar energy system shall be removed and the property restored. Such time period shall be no greater than 90 days after the solar energy system has ceased to be used for its intended purpose for 12 consecutive months.

(b)

Decommissioning and removal security; removal by Town.

[1]

The applicant shall execute and file with the Town Clerk security in a form acceptable to the Town and in an amount sufficient to pay for the costs and expenses of removal and lawful disposal of the solar energy system and related equipment and structures and of remediation and restoration of the site. The amount is subject to approval by the Planning Board's professional engineer and the Planning Board. The security may be in the form of cash, letter of credit, another instrument acceptable to the Town's Attorney and the Town Board, or a combination thereof. The security shall remain in full force and effect until all solar energy system equipment, structures and materials have been properly removed and lawfully disposed of and site remediation and restoration is complete.

[2]

The amount of the security shall be sufficient, during the first five years of operation, to cover the costs to remove and lawfully dispose of all equipment structures and materials related to the solar energy system; costs to remediate and restore the site; and all fees, costs and expenses incurred by the Town to administer and enforce the decommissioning process. Such amount shall be reevaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses.

[3]

If a solar energy system is not removed from the property as required and within the ninety-day time frame set forth in Subsection H(5)(a) above, then the Town, its employees, contractors and agents shall have the right, and shall be permitted by the property owner and the owner of the solar energy system, to enter upon the property and remove and dispose of the solar energy system and related equipment and structures and remediate and restore the site, all to the extent deemed necessary or desirable by the Town Board. The Town may utilize the proceeds of the security filed with the Town to pay for all such costs and related fees and expenses.

[4]

If the amount of the security does not fully cover such costs, fees and expenses ("costs") or if the Town cannot recover adequate proceeds of the security without resorting to litigation, then the owner and operator of the solar energy system and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered.

[5]

In addition to and not in lieu of any other remedies, all unpaid costs shall be assessed and levied against and constitute a lien on the real property until paid or otherwise satisfied and discharged and shall be collected in the same manner and at the same time as other Town real property taxes.

[6]

Equipment and parts maintenance. Any damaged or unused equipment and parts shall be removed from the premises within 30 calendar days or kept in a secured, designated storage area. Maintenance equipment, spare parts and petroleum products shall be kept in a secured, designated storage area.

(6)

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 199-21 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with this section. A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator.

(7)

Modifications. Any and all modifications, additions or deletions to the solar energy system, whether structural or not, shall be subject to prior site plan review and approval by the Planning Board, except routine repairs and maintenance shall not be subject to Planning Board review.

§ 199-22 through § 199-24. (Reserved)