Town of Wawarsing, NY Article IV General Supplementary Regulations

§ 112-15 Parking, loading, access and traffic standards.

A. Off-street parking, loading and unloading facilities shall be provided as set forth herein. A single-family and two-family dwelling shall be provided with two off-street parking spaces per dwelling unit. Parking needs with respect to all other uses shall be determined in conjunction with site plan review. The amount of parking required for any use shall be calculated as follows:

(1) The following parking standards shall apply to all applications for new, expanded or modified land uses, and apply cumulatively in the case of mixed-use projects such as resorts, provided that adjustments may be made by the Planning Board to reflect the likelihood of shared parking within a project. The Planning Board, in determining the required number of parking spaces, shall consider the gross floor area dedicated to the use, including spaces within basements and cellars. Where a use is not listed below, the Planning Board shall determine parking demand using industry standards, including those promulgated by the American Planning Association and the Institute of Traffic Engineers:

Basic Parking Requirements
Land Use	Parking Requirement
Home occupations	1 space per 100 square feet of gross floor area devoted to use
Hotels/motels	1 space per rental room plus 1 for each 4 employees
Industrial uses	1 space per 400 square feet of gross floor area
Retail and services uses	1 space per 175 square feet of gross floor area
Places of public assembly	1 space per 4 seats
Offices	1 space per 200 square feet of gross floor area
Restaurants	1 space per 50 square feet of gross floor area
Vehicle service establishments	4 spaces plus 1 per employee

(2) Modification of parking standards.

(a) Any applicant may also request a modification of parking standards. The amount of parking may, in such instances, or others where the above standards are not directly applicable, be reduced or increased by the Planning Board based upon the following criteria:

[1] Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association and the Urban Land Institute are examples of such industry sources.

[2] The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would, for example, require fewer spaces per dwelling unit than time-shared recreational units, even though the number of dwelling units is the same.

[3] The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.

[4] Recommendations, if any, from Town consultants, other public agencies or information sources that suggest, based on experience, the appropriate amount of parking in connection with a given use.

[5] The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.

[6] The availability of reserve areas designated on the site plan for future parking development in the event of demonstrated need, as determined and directed by the Code Enforcement Officer or Planning Board.

(b) The Planning Board shall apply a similar approach in determining parking needs in cases of unlisted uses.

B. Garages, carports, and driveways not in the public right-of-way may be considered parking spaces. Parking spaces shall be a minimum of 10 feet wide and 20 feet deep. Perpendicular parking spaces shall be accessed by a two-way interior drive of no less than 25 feet in width for turning purposes (see illustration). This distance may be reduced to 20 feet for a one-way drive to access 60° angle parking, 15 feet for a one-way drive to access 45° angle parking and 13 feet for a one-way drive to access 30° angle parking.

Parking dimensions.

C. Any lighting used to illuminate any off-street parking shall conform with the lighting standards set forth in § 112-17, Lighting.

D. All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using vegetative materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. The following standards apply:

(1) No more than 12 parking spaces shall be allowed in a continuous row uninterrupted by landscaping. Maintenance guarantees may be required to ensure replacement of damaged or dead landscape materials.

(2) No on-site parking area shall be designed such that a vehicle might directly back out onto a public highway or through road within the development. Traffic flows through a parking area shall be minimized and limited to connections from one lot to another and to the public highway or through road. Circular drives are discouraged.

(3) Commercial parking areas should generally be located in the rear yard of any use, with the principal building situated near the front lot line as permitted by the Schedule of District Use and Bulk Regulations.[1] This is for the purpose of maintaining the continuity of the building line along any highway and avoiding the effective merger of parking areas along a highway into one mass of pavement where entrances and exits become difficult to identify. Refer to illustration.

Parking to the rear of a building.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

E. Any building constructed, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of delivery vehicles and trucks. Under no circumstances shall public rights-of-way be used for loading or unloading of materials. The minimum size loading space shall be 60 feet in depth and 12 feet in width, with an overhead clearance of 14 feet. It shall be accessible by driving in and not require backing in from any public right-of-way.

F. Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

(1) Access drives shall comply with all requirements of the Town of Wawarsing. Access drives onto state and county highways shall be subject to New York Department of Transportation and Ulster County standards, respectively.

(2) Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits.

(3) A driveway permit shall be obtained from the Town of Wawarsing Highway Superintendent, the Ulster County Department of Public Works or the New York State Department of Transportation for access to a local, county or state highway Any application may be conditioned upon approval and receipt of any such permit(s) from the applicable jurisdiction.

(4) The Town of Wawarsing Planning Board may, in conjunction with site plan review, establish additional requirements pertaining to highway access permits on county and state roads, provided such requirements do not conflict with county or state requirements. The Planning Board shall be specifically authorized to require any on-site or off-site road improvements demanded to mitigate traffic impacts where the existing level of service is "LOS D" or worse or the project would result in "LOS D" conditions.

(5) For reasons of traffic and pedestrian safety, both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all the requirements of this chapter, including but not limited to obtaining the appropriate permits and the payment of any and all fees for said permits, and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval, in which case they shall also be subject to Planning Board approval.

(6) No driveway center line shall intersect a street line less than 100 feet from the intersection of any two street lines (150 feet on Route 52 or 209), including intersections on the opposite side of the street.

(7) Driveway grades.

(a) The maximum grade for driveways giving access to single-family and two-family dwellings shall not exceed 10% except where it can be demonstrated to the satisfaction of the approving authority that, because of unreasonable hardship affecting a particular property, the construction of a driveway should be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 12%.

(b) The maximum grade for new driveways accessory to uses other than those set forth in Subsection F(7)(a) above shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as above, provided that such grades shall in no case exceed 10%.

(c) Notwithstanding the maximum permitted grades specified above, all driveways shall have a negative grade of 2% within 50 feet of the center line of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.

(8) Clear visibility shall be provided in both directions at all access driveways onto a local county or state highway to provide an unobstructed view of the highway for sight distance and safety purposes (commensurate with the speed and volume of traffic on such highway).

G. Access to Routes 52 and 209.

(1) No lot shall be provided direct access to Routes 52 or 209 if adequate alternate access can be provided by way of another road, a frontage or parallel access drive or a cross-access drive.

(2) No driveway shall be permitted within 100 feet of a public highway intersection on Routes 52 or 209. Spacing between driveways on Routes 52 and 209 shall be as follows, measured from the midpoint of each driveway or intersecting roadway:

Required Driveway Spacing
Posted Speed (mph)	Minimum Spacing (feet)
30	125
35	150
40	175
45	200
55	250

(3) Required driveway spacings on Routes 52 and 209 are based on average vehicular acceleration and deceleration rates and are considered necessary to maintain safe stopping distances and traffic operations. Spacing will be measured from the midpoint of each driveway or intersecting roadway. Should a particular parcel lack sufficient frontage on Route 52 or 209 to accommodate adequate spacing, the property owner may pursue the following (in addition to obtaining an area variance from the Zoning Board of Appeals):

(a) The property owner may establish a joint-access driveway with an adjoining property. The driveway midpoint in such cases shall be the property line between the two parcels. Alternatively, the landowner may gain access from a cross-access drive or frontage road that connects the subject property and the adjoining property or properties. A joint easement agreement shall, in either of these two cases, be executed and filed with the deed of the participating properties prior to an access permit being granted.

(b) The property owner may seek an exception from these requirements when the above cannot be fulfilled at the time of application. The property owner shall, in such case, provide proof of an attempt to secure access from a common driveway or cross-access drive. The Planning Board shall impose the condition in such instance that the approved driveway is a temporary driveway and the landowner shall submit a deed agreement with the Town of Wawarsing agreeing to close the driveway and to seek to establish a joint driveway or cross-access driveway, if feasible, when an adjoining property is developed or redeveloped.

(4) Any applicant submitting a subdivision or site plan application for property on Routes 52 or 209 shall address the feasibility of the use of joint-access driveways, cross-access drives and linked or shared parking lots. Use of such techniques shall be required wherever feasible.

(5) Retail and service businesses subject to site plan review shall, where practical, be required to provide pedestrian connections to adjoining retail and service properties along the frontage of regulated routes.

(6) No lot shall be provided with more than one point of direct access to Route 52 or 209, except for secondary emergency-only accesses. However, if determined to be in the best interest of traffic operations, one driveway solely for ingress and one driveway solely for egress may be considered as one access point if permitted by the NYSDOT. A lot with frontage of at least 600 feet may be permitted two access points in those instances where traffic operations will be demonstrably improved by such a design. Such driveways shall be separated from each other and from any intersecting street or driveway on an adjoining property by a minimum of 350 feet, as measured along the frontage of Route 52 or 209, unless physical circumstances prohibit such separation.

(7) Any property owner of a lot adjoining Route 52 or 209 who submits a subdivision or site plan application shall, at the time of initial application, submit an overall development sketch plan. This sketch plan shall establish future access locations along Routes 52 and 209. Final approval shall establish the number of accessways permitted for the property, regardless of any future subdivision or development plan. No individual dwelling unit within any property to be subdivided or developed for two or more dwelling units shall be provided with direct access to Route 52 or 209.

(8) A curbline opening along Route 52 or 209 for other than a single-family dwelling shall be between 24 feet and 50 feet. However, the curbline opening for high-volume uses generating more than 1,500 vehicles per day may be greater than 50 feet, if the opening conforms to New York State Department of Transportation standards.

(9) Access points may be restricted to right-turn in, right-turn out if determined to be in the best interest of traffic operations.

(10) Where two adjacent property owners agree to share access, the Planning Board may grant an incentive bonus. The total lot size and road frontage normally required may be reduced by 15% for both landowners. The required number of parking spaces may, in addition, be reduced by 15% for each development. However, if the adjoining land uses are determined to have the same peak hour for parking generation, the Planning Board may withdraw the incentive bonus or require the developer set aside land, clearly indicated on the site plan for future paving for parking, to meet statutory requirements if an analysis conducted within one year after occupancy determines parking is insufficient.

H. All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a landscaped planting strip at least 15 feet in depth (also see landscaping standards) which landscaping materials shall be approved by the Planning Board.

I. Traffic impact study. The Planning Board, in its discretion, may require a traffic impact study by an independent engineer involving any site plan or special use application involving an activity likely to generate more than 250 trip-ends per day based on the daily rates set forth in the following table. The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth for such studies by the Institute of Transportation Engineers. Its purpose shall be to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access to the site from the network. It shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board with the final product incorporated in the SEQRA submission. This requirement shall apply in the case of county or state as well as Town roads.

Traffic Study Criteria
Land Use	Criteria
Residential uses	9.6 trip-ends per dwelling unit
Industrial uses	3.3 trip-ends per employee
Restaurants	7.9 trip-ends per seat
Fast-food restaurants	23.9 trip-ends per seat
Convenience markets	605.6 trip-ends per 1,000 square feet of gross floor area
Supermarkets	177.6 trip-ends per 1,000 square feet of gross floor area
Offices	6.0 trip-ends per employee
Other commercial uses	50.0 trip-ends per 1,000 square feet of gross floor area
Institutional uses	4.0 trip-ends per employee
Other uses	See "Trip Generation, Institute of Transportation Engineers," latest edition

§ 112-16 Landscaping standards.

A. The Planning Board may, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any special use or site plan application. The landscape plan may also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined that a proposed special use would not have a significant impact on the natural environment, adjoining properties or the view from a public highway, these requirements may be appropriately modified by the Planning Board.

B. The landscape plan shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall also be provided as part of the plan.

C. Plan requirements.

(1) The Planning Board, in reviewing a landscape plan, may employ the assistance of design professionals. The Planning Board shall also specifically consider the following before approving, approving with modifications or disapproving the special use or site plan.

(a) The plan should promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.

(b) The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.

(c) The plant material selected should be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.

(d) The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.

(e) The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4.

(2) Consideration and determination of the adequacy of the above plan requirements are at the Planning Board's discretion.

D. Landscaping guidelines. The following minimum specifications shall apply when new landscaping is required:

(1) The minimum planting height for all shade trees shall be six feet.

(2) Shade trees shall have a minimum caliper of three inches (measured four feet above grade) and be at least 12 feet in height when planted.

(3) Evergreen trees shall be a minimum of six feet in height when planted.

(4) Shrubs shall be a minimum of 24 inches in height when planted. Hedges shall form a continuous visual screen within two years after planting.

(5) A buffer screen at least 15 feet in width along any residential lot line shall be provided. It shall include, at a minimum, an opaque wooden stockade fence six feet in height and one evergreen tree for every 15 linear feet of property line. An additional row of evergreens meeting these standards and offset such that each row serves to place trees between the gaps of the other, should be permitted as a substitute for the stockade fence.

(6) A landscape strip at least 15 feet in width that includes at least one deciduous tree for every 35 linear feet of perimeter lot line should be required for any nonresidential use. Such deciduous trees should also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use. The width of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot line.

(7) All lot area (except where existing vegetation is preserved) should be landscaped with grass, ground cover, shrubs, or other appropriate cover.

(8) The preservation of mature shade trees should be required unless there is no alternative but to remove them. These may be used to meet requirements of this section provided the Code Enforcement Officer or Planning Board, as the case may be, determines the purpose of this section is achieved.

E. A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition one full year. The Code Enforcement Officer or Planning Board, as the case may be, shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The Code Enforcement Officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunned or infested plant materials.

F. All applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Code Enforcement Officer granting a certificate of occupancy for a new building or use subject to these regulations.

§ 112-17 Lighting.

All outdoor lighting shall comply with the requirements of this section.

A. Exceptions. Holiday lights for a maximum of 60 days per calendar year. Any spot or flood luminaire having initial source lumens of 1500 or less, provided that no direct light is focused so as to cause avoidance glare on adjoining property or roadways. Such luminaire may be redirected or its light output controlled so as to eliminate this glare and be eligible for exemption under this section.

B. Prohibited lighting. All moving, revolving and flashing lights are prohibited including digital change board signs. Mercury vapor lights are prohibited.

C. Submittal requirements.

(1) Uses requiring site plan and special permit approval. A lighting plan demonstrating compliance with standards contained in this section shall be submitted. Such plan shall indicate the location, type of lamp, luminaire, mounting height, source lumens, illuminance and glare control options, if any, for each light source and area. Illuminance may be plotted using manufacturer's photometric charts or the Planning Board may require isofootcandle drawings to examine the interaction of all lighting on the site. Any additional documentation necessary to show conformance to the standards set forth in this section. Additions or changes to an approved lighting plan shall be considered amendments to the site plan and subject to the review provisions of this chapter. A public hearing may be held at the option of the Planning Board.

(2) All other uses. Documentation as required and determined by the Code Enforcement Officer to show compliance with the standards set forth in this section.

D. Illuminance and uniformity.

(1) Lighting in conformance with this section is required for all parking lots having five or more vehicles. Light levels shall be designed to meet but not exceed the latest recommended levels from IES for the type of activity/area being lit except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from IES, the applicable standard shall be determined taking into account the levels for the most similar IES activity.

[1] Editor's Note: See Banking Law § 75-a et seq.

(2) Uniform light levels shall be achieved on the site. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas nor 4:1 for pedestrian areas. Design should establish a hierarchy of lighting to insure a smooth transition from bright areas to those with subdued lighting.

(3) Maximum to average light levels should be kept within a 6:1 ratio.

E. Light source visibility. The visibility of the light source from a luminaire is restricted to the following:

(1) Nonresidential zones: direct light shall not be visible above five feet at the adjoining public roadway pavement edge, or 25 feet beyond the property line, except no restriction for lighting site entrances.

(2) Residential zones and where adjacent property is in a residential zone: direct light shall not be visible above ground level at the adjoining public roadway pavement edge, or 25 feet beyond the property line or at the dwelling unit whichever is less except no restriction for lighting site entrances.

F. Luminaires. All luminaires whose initial source lumens are greater than 1,500 must meet the following requirements:

(1) Have a cutoff angle of 90° of less.

(2) Wall-pack units are required to be opaque shielded or have optics that provide a cutoff angle of 70° or less.

(3) Canopy lights whose source lumens are greater than 20,000 lumens must be fully recessed or have side shields.

(4) All fixtures with the International Dark Sky Association seal of approval shall be permitted.

G. Mounting heights. Roof-mounted area lighting is prohibited. Pole-mounting heights shall be no higher than 20 feet.

H. Light trespass. Lighting for all commercial, residential, institutional and industrial uses shall be shielded to prevent glare and spillover of light into adjoining properties.

I. Color rendition.

(1) Color rendition will be considered in approving lighting designs. All lighting shall use LED technology.

(2) A preference will also be shown for the use of similar lamp types on a site. The use of different lamps with wide separations in color rendition is discouraged and will require that the application demonstrate that the need for said separation is necessary for the particular use, and shall be allowed at the discretion of the Planning Board. The color temperature of no more than 3,000 Kelvins shall be required, except whether otherwise allowed by the Planning Board.

J. Nonconforming lighting. All outdoor lighting lawfully existing on May 31, 2019, shall be deemed conforming to this section except that:

(1) No replacement or installation of new luminaires shall be permitted unless in conformance with this section.

(2) All outdoor lighting that, in the opinion of the Code Enforcement Officer, is causing or casting glare on adjoining roadways or properties shall be required to submit lighting details to the Code Enforcement Officer showing that the existing lighting meets the requirements of this section or how such lighting will be brought into conformance.

K. General standards. To minimize the harmful effects of excessive lighting, outdoor lighting shall meet the following standards, in addition to those set forth in this section:

(1) Shall be extinguished when not in use;

(2) Illuminate only those areas of a site which requires lighting for use or safety;

(3) Be designed to minimize illumination levels and not cast light levels onto adjoining properties and roadways;

(4) Minimize blue light emissions; and

(5) Be fully shielded (pointing downward).

§ 112-18 Signs.

A. Purpose. It is the purpose of this section to help residents and visitors find what they need without difficulty, to improve the appearance of the Town, and to promote public safety by regulating the location, quality, construction and maintenance of signs.

B. Application. All signs shall meet the standards herein and in the Schedule of Sign Regulations.[1] An application for a permit, for any sign requiring one, shall be made on a form supplied by the Code Enforcement Official and submitted with fees required. Applications shall include drawings to scale depicting locations of the signs, methods of illumination, graphic design (including symbols, letter, materials and colors) and visual message, text copy or content. Written consent of property owners shall also be provided. Applications not requiring a Planning Board finding shall be acted upon within 15 days of receipt. Applications submitted to the Planning Board shall be acted upon within 31 days of receipt and such Board shall have the authority to approve, approve with modifications or disapprove the application using the review criteria found in § 112-18C below. Findings shall be provided to the applicant and set forth in detail the reasons for the action.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

C. Sign review criteria. Signs shall be approved, approved with modifications or disapproved based on the specific requirements contained herein and the following design criteria:

(1) Signs should be a subordinate part of the streetscape.

(2) Signs should not interfere with views of other enterprises or residences.

(3) Whenever feasible, multiple signs should be combined to avoid clutter.

(4) Signs should be as close to the ground as possible and pole signs shall be discouraged in favor of ground signs wherever possible.

(5) Signs should blend with and not cover any architectural features and be sized and located in proportion to buildings.

(6) Vivid colors may be used but should not dominate a building or site.

(7) Signs should be located so as to not interfere in any way with the clear views required for public safety by highway travelers or pedestrians.

(8) Signs must not present an overhead danger or obstacle to persons below.

(9) Sign sizes should achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery.

(10) Signs should never block the view of other signs.

(11) Signs should be easy to maintain and provide for wind resistance such that signs will not deteriorate or collapse after an extended period.

(12) Sign materials and design should blend with surrounding natural landscapes.

(13) Freestanding signs shall generally require landscaping around the sign base.

(14) Signs should not be placed on the roof or above the roofline of the building to which they are attached.

D. General regulations. The following regulations shall apply to all signs:

(1) Signs shall be permitted only in connection with permitted uses or for the purposes of specifically directing travelers to businesses or services. This shall not, however, prohibit off-premises signs erected for these purposes.

(2) No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located.

(3) Signs, other than official traffic signs, which exceed 24 square feet in surface area shall be set back at least five feet from the side lot line.

(4) Advertising signs shall not use the words "stop," "danger," or any other word, phrase or symbol in a manner which could be interpreted by a motorist as being a public safety warning or traffic sign.

(5) No light shall be permitted that by reason of intensity, color, location, movement or directions of its beam may interfere with public safety.

(6) No sign shall be attached to a tree, utility pole or object not so intended, except for no-trespassing signs placed on trees.

(7) Portable signs shall be subject to all freestanding sign regulations.

(8) No sign shall exceed in height 1/2 of its distance from the highway right-of-way, notwithstanding any other height limitations.

(9) Traffic directional signs shall be exempt from these regulations.

(10) Signs shall be illuminated only by a steady, stationary (except for time and temperature reading) and shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises.

(11) Signs shall include the English language name and address for identification purposes for emergency service providers.

(12) All moving, revolving and flashing lights are prohibited including digital change board signs.

E. Temporary signs. Temporary signs, including signs advertising yard sales or other noncommercial events, may be allowed subject to the following:

(1) Such signs shall be limited to 12 square feet each in surface area and not be illuminated.

(2) Yard sales and comparable events shall be advertised with signs for no more than 21 days per year. Such signs shall contain the date and address of the event and be removed no later than 30 days after the end of the event, subject to a $50 fine per sign for noncompliance. Such signs shall contain the date and address of the event and be removed no later than 30 days after the end of the event, subject to a $50 fine per sign for noncompliance.

(3) Other temporary signs shall be erected no sooner than 45 days before the event they advertise and be removed within three days after such event. A general permit encompassing all signs to be placed in regard to such event (excepting yard sales conducted no more than twice per calendar year) shall be required prior to the placement of any such signs. The applicant shall pay a fee as shall be established by the Town Board plus a refundable deposit of $25 to cover the cost of timely removing said signs. Such signs shall:

(a) Not be placed on any utility pole or public structure, except for no-trespassing signs.

(b) Be erected only with express consent of property owners.

F. Nonconforming signs. Existing nonconforming signs may be repaired or reconstructed on the same site but shall not be relocated or increased in size except as provided herein. Any nonconforming sign connected with a change of use, abandoned for sign purposes for more than 90 days, damaged to the extent of 50% or more of the replacement cost value or illegally established shall be immediately removed. In the event such a sign is not removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the Town Board may institute appropriate civil or criminal actions to prevent the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question.

G. Sign maintenance.

(1) No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Town Board. Also, any sign referencing a location, business, operation, service or product which no longer exists or continues to offer service to the public shall be removed within six months of such discontinuance, unless a waiver shall be granted by the Town Board, as the case may be.

(2) In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate civil or criminal actions to remedy the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question. The Town Board may also establish annual inspection and licensing requirements for the purpose of ensuring sign maintenance.

§ 112-19 Floodplain development standards.

There is hereby created a special overlay zoning district, the boundaries and area of which shall be coterminus with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Town of Wawarsing, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zoning district, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of the Town of Wawarsing Flood Damage Prevention Law, as amended.[1] Lands within the 100-year floodplain shall be deducted from any density or other lot development standard calculation as set forth in this chapter. The Planning Board is authorized to withhold any bonuses or incentives set forth in this chapter in the case of applications involving the 100-year floodplain.

[1] Editor's Note: See Ch. 64, Flood Damage Prevention.

§ 112-20 Stormwater management standards.

Every application for a new or substantially modified special use or any other use requiring site plan review by the Town of Wawarsing Planning Board shall include provisions for stormwater management as required by the New York State Department of Environmental Conservation (DEC) and the standards of this section. Additionally, should any person intend to make land changes by grading, filling, excavating or the removal or destruction of the natural topsoil or vegetative covering thereon in accordance with a site plan submitted to the Town, the same shall only be approved and accomplished after the developer has submitted to the Town a stormwater pollution prevention plan in compliance with the DEC regulations. Applicants shall, when required by the Town Planning Board, submit the following for review and approval by the Town:

A. An erosion and sedimentation control plan (basic SWPPP) prepared in accordance with DEC requirements. The plans shall illustrate those measures to be employed during construction and as may be necessary to prevent loss of soil from erosion and to prevent resulting property damage, siltation and contamination of watercourses or impoundments.

B. A stormwater pollution prevention plan (SWPPP) prepared in accordance with the New York State Stormwater Management Design Manual published by DEC. Such plan shall be subject to review by both the Town of Wawarsing and New York State DEC and meet both sets of standards. Where such standards conflict, the higher standard shall apply. The SWPPP shall identify those practices employed after construction and as may be necessary to prevent property damage by and pollution of associated watercourses or impoundments.

(1) Proposed areas of disturbance shall be drawn to scale and quantified in support of applicable SWPPP requirements (including a basic SWPPP).

(2) Post-construction stormwater practices shall reduce stormwater peak runoff to 75% of the preconstruction peak runoff for the ten-year event. The Planning Board shall be authorized to modify these criteria if immediate discharge is appropriate.

(3) Post-construction stormwater practices shall reduce stormwater peak runoff to 90% of the preconstruction peak runoff for the 100-year event. The Planning Board shall be authorized to modify these criteria if immediate discharge is appropriate.

(4) A certified copy of a completed notice of intent to proceed (NOI), signed by that applicant and certified by the applicant's professional representative shall be supplied. A copy of the New York State DEC reply to the NOI shall also be supplied when issued.

(5) Storm drainage facilities shall be designed to handle the anticipated peak discharge from the applicable catchment for a ten-year event with one foot of freeboard remaining at peak flow.

(6) All drainage structures required to accommodate stream flows with a cross-sectional area less than 25 square feet during a ten-year rainfall event shall be designed and constructed to provide one foot of freeboard during the ten-year rainfall event.

(7) All drainage structures required to accommodate stream flows with a cross-sectional area greater than 25 square feet during a ten-year rainfall event shall be designed to provide two feet of freeboard during a fifty-year rainfall event, and safely pass a 100-year rainfall event. Drainage structures in this category shall have a design life of at least 50 years, be designed by a licensed professional engineer and be approved by the Town Highway Superintendent or the Superintendent's designee.

(8) Applicants shall use infiltration practices whenever acceptable under DEC guidelines. Applicants shall provide deep test pits and percolation tests in support of this or demonstrate infiltration is not a viable practice for the site in question. Dry grass swales and other similar measures shall also be encouraged wherever practical.

(9) All stormwater management improvements shall be properly maintained to continue to perform in their intended manner. Sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The Town Code Enforcement Officer, upon observing that such improvements are not being so maintained, may direct a property owner to undertake such maintenance. Failure to comply after a minimum of 30 days' notice shall constitute a violation of this chapter.

(10) No person shall allow, or cause to allow stormwater discharges into any separate storm sewer systems of the Town or Village that are not composed entirely of stormwater, discharges from firefighting, water from foundation drains, flows from natural sources and flows from other similar uncontaminated sources. No drain or conveyance, whether on the surface or subsurface, that allows any other water discharge or wastewater (including floor drains and the like) to enter such a separate storm sewer system shall be permitted.

§ 112-21 Streams and wetlands standards.

A. Streams and wetlands are prominent natural features in the landscape and their condition directly affects the health of the Town's water supply and the fauna that depend on the water for sustenance. As such, it is the intent of these regulations to ensure the continued preservation and health of these water resources for current and future generations.

B. For the purposes of this section, wetlands are defined by Article 24, Freshwater Wetlands, of Title 3 of the New York State Environmental Conservation Law, and as per the Federal Register, which defines wetlands regulated by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." Buffer areas shall apply to all wetlands greater than 0.1 acres in size.

C. For the purposes of this section, streams are defined as streams and small water bodies with a surface area of 10 acres or less that are located in the course of a stream with a NYSDEC classification of AA, A, or B, or C with or without a standard of (T) or (TS).

D. No buildings, structures, paved areas, or storage of machinery shall be allowed within the following buffer areas:

(1) Fifty linear feet from the bank of any unnamed stream.

(2) One hundred linear feet from the bank of any named and/or protected stream.

(3) One hundred linear feet from any wetland.

(4) Buffer areas may be increased or decreased by up to 50% at the discretion of the Planning Board, provided that the impacts of erosion and sedimentation will not adversely impact water quality. Where these regulations vary from those of the U.S. Army Corps of Engineers or the NYSDEC regarding wetland or stream protection, the more stringent shall apply.

E. In order to maintain the functional value of the buffer areas defined in Subsection D, existing vegetation and trees may be removed or disturbed, subject to approval by the applicable approving authority, only to provide for sight lines and vistas, provided that if removed, they shall be replaced with other vegetation that is equally effective in mitigating runoff, preventing erosion, filtering nonpoint source pollution from runoff, and providing adequate shade for aquatic life.

F. During site plan or subdivision review, the Planning Board may require a wetland delineation and wetland report to determine the exact boundaries and to evaluate potential impacts of development on any wetland.

§ 112-22 Steep slope standards.

A. For any subdivision, special use permit, site plan, timber-harvesting permit, building permit, or variance that involves the disturbance to lands with slopes between 15% and 25%, conditions shall be attached to ensure that:

(1) Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction.

(2) Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with timber harvesting operations performed pursuant to § 112-41 for timber harvesting.

(3) Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.

(4) Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.

(5) No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.

(6) Site design and grading on slopes greater than 25% shall provide the minimum disruption of viewsheds and scenic vistas and shall preserve significant natural topographic features to the greatest extent possible, including ridgelines as per Subsection D below.

B. Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as the reviewing board or official shall reasonably require or the applicant shall offer. In cases of uncertainty or dispute, a qualified professional retained by the Town, at the applicant's expense, shall determine the location of regulated slopes. Plans shall show existing and proposed contours at intervals of two feet.

C. For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 500 square feet of steep slopes, as defined above, shall be considered.

D. No development, grading of the land or stripping of vegetation shall be permitted on slopes of 25% or steeper.

§ 112-23 General commercial and industrial standards.

Wherever commercial, manufacturing or other nonresidential uses, with the exception of agricultural activities and home occupations, are proposed, the following performance standards shall apply. These standards shall apply to the principal and accessory uses conducted in association with commercial and industrial uses, including any activities conducted indoors or outdoors. The Code Enforcement Officer shall ensure these standards are met prior to issuing certificates of occupancy for such uses and may require the applicant(s) to provide documentation of compliance.

A. Commercial/residential buffers. Where a commercial or manufacturing use is contiguous to an existing residential use (including those situated on the opposite side of a highway) or any approved residential lot, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is wooded.

B. Flammable materials. All activities involving the manufacturing, production, storage, transfer or disposal of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices shall be provided pursuant to National Fire Protection Association guidelines. Burning of waste materials in open fires is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant, and the Planning Board may require greater front, side and rear yards and/or fencing.

C. Electrical disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

D. Noise. The noise standards as set forth in Chapter 78, Noise Control, of the Town of Wawarsing Code are incorporated herein. The Planning Board may require that any use which may generate exterior noise, whether temporary in the form of events, or permanent as part of the operations, conduct ambient noise level monitoring and modeling, and limit outdoor activities where the use will have a significant impact on the neighborhood within which the use is, or will be, located, or will otherwise adversely impact adjoining residential uses.

E. Vibration. No vibration shall be permitted on a regular or continuing basis which is detectable without instruments at the property line.

F. Air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted on a regular or continuing basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

G. Water pollution. All activities involving the possible contamination of surface or groundwater shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.

H. Vehicle and equipment sales. Whenever a vehicle and equipment sales, mechanical and body repair use is proposed as a special use, or as an expansion of an existing nonconforming use, the following additional performance standards shall apply:

(1) All mechanical and body repair work shall be performed within buildings.

(2) All automobile or vehicle parts, new or used, shall be stored within buildings.

(3) Vehicles which are temporarily on the property awaiting to be repaired shall be stored in an area which meets the minimum yard and buffer requirements applicable for the district and the use.

(4) Vehicle and equipment sales shall not be combined with other uses, including vehicle and equipment repair or services (e.g., gasoline sales), without first obtaining separate special use and site plan review approval for the sales operation. Such sales shall be limited to those districts specified on the Schedule of District Regulations[1] and be subject to the following additional regulations:

(a) A site-plan-designated and improved parking space meeting the standards contained herein shall be provided for each vehicle or piece of equipment displayed.

(b) The Planning Board shall require landscaping of all vehicle and equipment sales operations, as provided herein, to separate and buffer them from the public right-of-way and adjoining properties.

(c) Display areas for vehicles and pieces of equipment shall comply with front and side yard setbacks applicable to principal structures.

(d) Signs connected with vehicle and equipment displays shall be limited to permanent or temporary signs otherwise permitted hereunder.

(e) Additional off-street parking areas shall be provided for the use of customers at the rate of one space for each 10 vehicles or pieces of equipment displayed outdoors. No on-street parking shall be permitted.

(f) Lighting of outdoor vehicle and equipment sales areas shall be limited to pole or wall lighting meeting the standards contained herein for commercial lighting.

(g) All vehicle and equipment sales operations shall provide a permanent (suitable for year-round use), heated sales office of no less than 150 square feet in size and restroom facilities.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(5) All existing vehicle and equipment sales uses that do not possess a valid zoning permit from the Town of Wawarsing or which cannot establish their existence as a legal nonconforming use, as provided hereunder, shall fully comply with these provisions within a period 12 months of the enactment of this section.

(6) All portions of the lot on which cars for sale are located shall be paved and shall be striped in order to allow for orderly parking of said cars. There shall be no parking of vehicles on grass.

§ 112-24 Open development area (ODA).

In accordance with NYS Town Law § 280-a(4), the Town Board may, from time to time, by resolution, establish an open development area or areas within the Town wherein permits may be issued for the construction of structures to which access is given by a right-of-way or easement, upon such conditions and subject to such limitations as may be prescribed by general or special rule of the Planning Board. Before establishing any such ODA, the Town Board shall refer the matter to the Planning Board for its advice and shall allow the Planning Board 62 days to render a report, which time frame may be extended by consent of the Town Board. The following procedure shall be followed in as consistent a manner as possible in the review of all development in the designated open development areas:

A. The Town Board shall first approve the establishment of an ODA prior to the Planning Board reviewing any application for which access is provided via right-of-way or easement and which requires formation of an ODA.

B. The Planning Board shall assess whether the site or subdivision plan meets the following design criteria:

(1) A legal easement or right-of-way exists to access parcels within the ODA.

(2) The driveway surface within the right-of-way shall be adequate for service and emergency vehicles as well as for normal usage. Details of the design of the driveway surface shall be submitted with the plan. The Planning Board may submit the plans to the fire district for its review.

(3) Drainage facilities shall be determined to be adequate, and a SWPPP submitted to the extent one is required. All drainage facilities shall be shown on the plan.

(4) A sufficient turnaround area at the end of the access drive shall be provided. The Planning Board may require turnouts along the driveway.

(5) The applicant demonstrates it has permission to improve a driveway within an existing easement, if shown.

(6) The driveway shall be constructed to safe standards, and the entrance onto a public street shall meet sight distance requirements. As required, a curb cut or other such permit shall be obtained from the applicable jurisdiction which maintains the public street.

C. The width of the driveway giving access to potential building lots shall be a function of the intensity of its use. In no event shall it be less than 10 feet in width.

D. The construction of the driveway shall be a function of its intensity of use and the density and character of development within the surrounding area. In the case of two or more dwellings or building lots having joint access over a driveway, the driveway shall be constructed to normal Town driveway standards. Driveways partially or wholly serving four or more lots shall be constructed to Town road specifications. For driveways of 800 feet or more, the Planning Board may provide for the construction of a road base substantially to the Town standards, but may waive the top course.

E. The Planning Board shall make a determination as to the need in each case for sidewalks, curbs, street signs, street trees, drainage facilities and other normally required utilities. The Board shall also concern itself with recreation needs and construction performance bonding. The Board may waive any or all of these facilities and utilities for good reason and the Board may avail itself of the advice and assistance of experts in these matters, the intent of which is to obtain maximum consistency in the review of development within open development districts with that of the conventional development of the Town.

§ 112-25 Transfers of development rights.

A. Purposes. This section is intended to:

(1) Encourage the permanent preservation of important farmland and environmentally sensitive areas;

(2) Direct growth to locations where central sewage disposal services are available; and

(3) Provide a voluntary method for landowners to be compensated by the free market to preserve land for the purposes set forth above.

B. Applicability.

(1) Owners of land in sending and receiving districts may voluntarily commit to transfer residential development rights under this chapter. Although the transfer of development rights shall only officially occur at the time of final approval of a subdivision or site plan, the process shall be initiated during the preliminary planning process. The approval of a preliminary plan shall then be conditioned upon compliance with this section. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement to be applied to the property in the sending district and a written, signed and notarized agreement by the owner of same property acknowledging and agreeing to the application. For purposes of this section, a property from which development will be transferred and located within a sending district shall be a "sending property," and a property within the receiving district to which development will be transferred shall be the "receiving property."

(2) The conservation easement shall be drafted so that it is binding on the property in the receiving district is granted final plan approval. The conservation easement shall be recorded at the same time as, or prior to final plan for the property in the receiving district. If a final plan is recorded in phases, then the conservation easement may be recorded in corresponding phases.

(3) The form of the conservation easement shall be acceptable to the Town Board based upon review by the Town Attorney and Planning Board. The term "conservation easement" shall include, but not be limited to, an agricultural conservation easement. In the case of agricultural land, the standard language for an agricultural conservation easement used by the Ulster County Agricultural and Farmland Protection Board may be utilized. The easement shall limit the development on the property in the sending district to agricultural and open space uses and associated accessory activities and any residual residential density not transferred to the property in the receiving district.

(4) The AD, RP, RS-1, RH, RU and VP Zoning Districts shall constitute the sending districts. A property in the sending district shall have a minimum lot area of 10 acres.

(5) The RMH, MU, NS, BH or PCIM Zoning District shall constitute the receiving districts.

(6) Once a conservation easement is established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Town shall be under no obligation to pay the owner of the sending property.

(7) The right to develop a sending property may also be purchased by or donated to an established incorporated nonprofit conservancy organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall, in such case, be established on the sending property at the time of such purchase or donation. The right to develop such dwelling units may be held for a maximum of 10 years before being used on a receiving property(ies).

C. Determination of density.

(1) Yield plans shall be presented by the applicant. One yield plan shall be presented for the receiving property and one for the sending property. Such yield plans shall be a level of detail typically found in a sketch plan, including potential lots and roads, steep slopes, and yield shall be based after exclusion of the environmental areas set forth in § 112-10F. Such yield plans shall estimate the number of dwelling units that could be lawfully constructed on each property in accordance with this chapter for the district in which the development is located. Soils shall be able to accommodate subsurface disposal systems and the Planning Board may require soil testing for purposes of determining yield in the sending district.

(2) Such yield plans shall be reviewed by the Planning Board, with advice by the Town Engineer, to assess whether the yield plans represent a reasonably accurate estimate of the number of dwelling units possible on each site. If such estimates are determined to not be accurate, the applicant shall be required by the Planning Board to revise such yield plan.

(3) Based upon the yield plans, permission to develop a number of dwelling units may be transferred from the sending property to the receiving property. The potential to develop some or all of the dwelling units may be transferred from the sending property, depending upon the amount of land affected by the permanent conservation easement. If, for example, the yield plan determines that 10 new dwelling units would be allowed under current zoning on the sending property, and the sending property will be preserved by a conservation easement, then the right to develop 10 additional dwelling units shall be transferred to the receiving property. The development of the receiving property shall still comply with all other requirements of this chapter, except for the maximum density, which shall be regulated by this section.

(4) The receiving property shall be permitted the increased number of dwelling units above the yield that would otherwise be permitted by the Town Planning Board, provided that development on the receiving property shall not be increased by more than 50% of the yield plan for said property without the transfer. Yard requirements may also be reduced, but in no instance to less than 20 feet for the front yard and 10 feet for the side and rear yards, except in instances where zero-lot-line development is proposed with compensating yards on the opposite side. Also, no more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

(5) Utilities. All proposed lots that are less than one acre in size on the receiving property shall be served by a central or community sewage system.

(6) The transfer of development rights shall not be combined with incentives concerning conservation subdivision development.

D. Once a conservation easement is established under a transfer of development rights, it shall be permanent, regardless of whether the receiving property is developed. The approval to develop the receiving property in a higher density shall be treated in the same manner as any other final subdivision or site plan approval. The Planning Board may extend time limits to complete the development of the receiving property in response to a written request.

E. Development of the receiving property shall comply with all Town of Wawarsing zoning chapter, except for provisions specifically modified by this section.

§ 112-26 Design guidelines.

[Amended 7-20-2023 by L.L. No. 4-2023; 4-4-2024 by L.L. No. 1-2024]

A. Design guidelines for specified areas of Town.

(1) Properties with frontage along Route 209 in the Town are subject to design standards enumerated in Appendix D.[1] These design standards apply to development not regulated in accordance with Subsection A(2) and (3) below.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) Properties in the Mixed Use (MU) Zone are subject to design guidelines incorporated into the provisions of that district. See Appendix C.[2]

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(3) Properties in the Ridge Protection (RP), Ridge Hamlet (RH), and Planned Commercial, Industrial and Mixed Use (PCIM) and Resort and Economic Development (RED) Zoning Districts are subject to the development standards and design guidelines incorporated into the provisions of those districts. See Appendix C.

B. The Planning Board is authorized to apply the following design guidelines in reviewing subdivision and site plans in zoning districts or areas not regulated under Subsection A above, and may attach conditions to the approval of such plans related to the following:

(1) Building design and location.

(a) Building design and location should be suitable for the use intended and compatible with natural and man-made surroundings. New buildings, for example, should, wherever possible, be placed along the edges and not in the middle of open fields. They should also be sited so as to not protrude above treetops or the crest lines of hills seen from public places and busy highways.

(b) Building color, materials and design should be adapted to surroundings as opposed to adaptation of the site to the building or the building to an arbitrary national franchise concept.

(c) Building placement and site development layout should also incorporate the site's topography, existing vegetation and other unique features. Spatial relationship between buildings and other structures should be geometrically logical and/or architecturally formal (i.e., not haphazard or random). On a lot with multiple buildings, those located on the interior of the site should front towards and relate to one another, both functionally and visually, and may be organized around features such as courtyards, greens or quadrangles. Smaller, individualized groupings of buildings are encouraged. Buildings should be sited to provide adequate and safe fire and emergency access.

(2) Commercial and other large buildings.

(a) Buildings should relate in scale and design features to the surrounding buildings, showing respect for existing and neighborhood architecture. Buildings should avoid long, monotonous uninterrupted walls or roof planes. Building wall offsets, including projections, recesses, and changes in floor level should be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets should be provided in order to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof. Commercial facades of more than 100 feet in length should incorporate recesses and projections, such as windows, awnings and arcades, along 20% of the facade length.

(b) All facades of such a building that are visible from adjoining streets or properties should exhibit features comparable in character to the front so as to better integrate with the community. Where such facades face adjacent residential uses, earthen berms planted with evergreen trees should be provided.

(c) Loading docks and accessory facilities should be incorporated in the building design and screened with materials comparable in quality to the principal structure. Sidewalks should be integrated into a system of internal landscape-defined pedestrian walkways breaking up all parking areas.

(d) Signs should be compatible with building style in terms of location, scale, color and lettering, and in proportion with the size of the building and existing area signage. Signs should fit within the existing facade features, be confined to signable areas and not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs located along highways should be integrated into site landscaping.

(3) Driveways and streets.

(a) Whenever feasible, existing roads onto or across properties should be retained and reused instead of building new, so as to maximize the use of present features such as stone walls and tree borders and avoid unnecessary destruction of landscape and tree canopy. Developers building new driveways or roads through wooded areas should reduce removal of tree canopy by restricting clearing and pavement width to the minimum required for safely accommodating anticipated traffic flows.

(b) All driveways and streets shall be subject to Town of Wawarsing requirements and review by the Superintendent of Highways. Cul-de-sac and dead-end streets should be discouraged in favor of roads and drives which connect to existing streets on both ends.

(c) Streets within residentially developed areas should be accompanied by on-street parking and a sidewalk on at least one side of the street. Where the area is already served with sidewalks, sidewalk extensions should also be provided from new commercial development areas to adjacent residential areas and pedestrian access should be encouraged.

(d) Driveway, sidewalk/walkway and curb materials shall be functional and compatible with the style, materials, colors and details of the surrounding buildings. The selection and use of pavement and curb materials shall consist of a stable material. Modular masonry materials such as brick blocks, slate and concrete pavers, or cast-in-place materials such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways. Granite, concrete or Belgian block shall be used for curbs, except as may be required to accommodate storm drainage measures. Asphalt shall not be permitted for sidewalks or curbs. Transitions in paving patterns or materials shall provide a smooth and continuous surface.

(4) Construction on slopes. The crossing of steep slopes with roads and driveways should be minimized and building which does take place on slopes should be multistoried with entrances at different levels as opposed to regrading the site flat.

(5) Tree borders. New driveways onto principal thoroughfares should be minimized for both traffic safety and aesthetic purposes, and interior access drives which preserve tree borders along highways should be used as an alternative. Developers who preserve tree borders should be permitted to recover density on the interior of their property through use of clustering. Existing trees over eight inches dbh shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval.

(6) Development at intersections. Building sites at prominent intersections of new developments should be reserved for equally prominent buildings or features, which will appropriately terminate the street vistas. All street corners should be defined with buildings, trees or sidewalks.

(7) Historic buildings. New construction affecting existing buildings of historically traditional architectural design within the community should respect the existing height, bulk, scale and style of the existing architecture wherever practical. Materials used may be required to be of a similar color, texture and style of the existing architecture, except the Town may require conversion to permanent structures in the cases of changes or additions to seasonal-use buildings.

(8) Utilities. Utilities for new projects should be installed underground if on same side of the road. When possible, existing above-grade utilities shall be placed underground.

(9) Site maintenance. Sites shall be maintained in accordance with the approved plans. Landscaping shall be appropriately maintained; dead, dying or diseased landscaping shall be replaced as needed. Every land use shall include adequate provisions for waste disposal, as determined by the Planning Board based upon documentation submitted by the applicant. Enclosure of waste storage facilities shall also be required.

C. Waiver. Where the Planning Board is authorized to waive any of the design guidelines set forth in this § 112-26, the applicant shall first demonstrate why a guideline cannot be met.

§ 112-27 Cluster development (conservation subdivisions).

A. The Town of Wawarsing Planning Board shall be authorized, pursuant to § 278 of the Town Law and simultaneously with the approval of plans in accordance with the Town of Wawarsing Subdivision Regulations,[1] to modify applicable provisions of this chapter so as to accommodate conservation subdivisions. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be processed pursuant to subdivision development plan approval procedures.

[1] Editor's Note: See Ch. 95, Subdivision of Land.

B. The Planning Board may require a conservation/cluster subdivision where it determines that a conventional subdivision would cause significant loss of open space or otherwise result in significant negative environmental impacts.

C. Conservation/cluster subdivisions allow one-family or two-family dwellings, and said dwellings are grouped on a site in a manner that maximizes open space, preserves the natural environment and advances the Town's goals of open space protection and natural resource conservation, leaving no less than 50% of the property as undeveloped open space. Proposed developments shall be processed in the same manner as a major subdivision and in accordance with the standards below.

D. Conservation/cluster subdivisions shall include at least five lots, and the Planning Board shall have the authority to require an alternative sketch development plan for any subdivision of then 10 lots or more, depicting how the property might be developed using this technique. If the alternative sketch development plan is determined to provide a superior design in accord with the purposes of this chapter and the same density can be achieved, the Planning Board may then require use of this technique.

E. The maximum permitted number of dwelling units shall be determined by a yield plan. Such yield plan shall consist of a sketch plan for a conventional subdivision that takes into consideration all natural features of the property and the normally applicable bulk regulations and density standards for the district to determine the number of lots that would be achievable under a conventional plan. Such yield plan shall be subject to Planning Board acceptance and form the basis for the conservation subdivision design. The Planning Board shall also be authorized to increase density by as much as 10% where the proposed subdivision preserves 75% or more of the property as undeveloped open space and the design protects natural features to the maximum extent practicable. The yield shall be established based on a conventional layout with single-family dwellings.

F. Only one-family detached and two-family dwellings shall be allowed.

G. Development standards for lot size, lot width and lot depth may be reduced, provided no dwelling (one-family or two-family) is located on less than 43,560 square feet of land where on-site septic and individual well is to be provided, or 10,000 square feet of land where central or community sewage and water facilities are to be provided; and further provided the total density (in individual dwelling units) for the property shall not exceed that which would result from a conventional subdivision plan designed in accord with this chapter plus a bonus of up to 10%, as determined from the basic sketch plan submission, if 75% of the site is preserved as open space. The minimum yard requirements may also be reduced, but in no instance to less than 20 feet.

H. No individual parcel of common open space shall be less than one acre, except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No less than 30% of the total land area of the conservation subdivision shall be dedicated to permanent undeveloped open space. Nothing herein shall preclude the Planning Board from requiring recreational facilities, or a fee in lieu of land, consistent with § 277-4 of the New York State Town Law, in addition to said open space.

I. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement titled to a homeowners' association (HOA), land conservancy, municipality or similar entity, prior to the sale of any lots or dwelling units by the subdivision. Membership in any HOA shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the HOA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the HOA's cost and the HOA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The HOA must also have the ability to adjust the assessment to meet changing needs.

J. A conservation subdivision shall be created using the process set forth below. All sketch plans shall include Step 1 of the four-step design process. All preliminary plans shall include documentation of the four-step design process in determining the layout of proposed open space lands, house sites, streets and lot lines, as follows:

(1) Step 1: delineation of open space lands.

(a) Proposed open space lands shall be derived from the existing resources and site analysis plan as a base map and complying with the Town's Subdivision Regulations, Comprehensive Plan, Open Space Plan, and significant natural resources mapping not included in these sources may also be utilized. Primary conservation areas shall be delineated comprising those primary conservation areas identified in the Town of Wawarsing Open Space Plan as adopted by the Town Board. This shall include floodplains, wetlands and their buffers, significant habitat and biodiversity conservation areas, slopes over 15% and other features defined and mapped in the Open Space Plan, as illustrated in Figure 1a.

(b) Secondary conservation areas shall be delineated comprising the resources shown on Figure 1b or such other natural and cultural features that have been identified on the property. The applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed open space, in consultation with the Planning Board and Environmental Conservation Commission, after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's development objectives, secondary conservation areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.

(c) Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, Potential Development Areas.

Figure 1a. Identifying primary conservation areas including: primary conservation areas identified in the Town of Wawarsing Open Space Plan including freshwater wetlands and ponds, steep slope areas of 15% and steeper, 100-year floodplains, stream, biodiversity conservation areas, agricultural land, prime farmland soils, hydric soils, and historic and prehistoric sites or structures.

Figure 1b. Identifying secondary conservation areas including: roads and trails, structures including foundations, stone walls and hedgerows, vegetation types by community, isolated trees, views to and from the site, slopes of 15%, statewide significant soils, and Ulster County septic density recommendations.

Figure 1c. Identifying potential development areas: the area in white in Figure 1c defines the potential development areas for the project.

(2) Step 2: location of house sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map, as well as other relevant data on the existing resources and site analysis plan, such as topography and soils. House sites should be located not closer than 100 feet to primary conservation areas, including federal- and state-designated wetlands, and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas, as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(3) Step 3: alignment of streets and trails. Upon designating the house sites, a street and trail plan shall be designed to provide vehicular access to each house and pedestrian access to the open space (if appropriate), complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas, such as wetlands and traversing slopes exceeding 15%. Except in cases involving proposed private roads or shared driveways, existing and future street and trail connections are encouraged to eliminate the number of new culs-de-sac to be maintained by the Town, to facilitate access to and from homes in different parts of the tract and adjoining parcels and, if possible, to assist in the creation of a nonmotorized trails system in the Town. Culs-de-sac are appropriate when they support greater open space conservation or provide extensive pedestrian linkages.

(4) Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn, as required, to delineate the boundaries of individual residential lots and the open space, located, using the proposed open space lands as a base map, as well as other relevant data on the existing resources and site analysis plan, such as topography and soils. House sites should be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas, as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

§ 112-28 Adaptive Reuse Overlay (AR-O).

A. Eligibility for the AR-O.

(1) Location and underlying zoning.

(a) To be eligible to apply for AR-O zoning, all properties shall adaptively reuse buildings, structures and associated lands to protect against abandonment and general vacancy or allow for the reuse and/or redevelopment of underutilized properties.

(b) All parcels with preexisting nonresidential buildings in any base zoning district shall be eligible, except that buildings on properties utilized as part of an existing farm operation within an agricultural district established by New York Agricultural and Markets Law shall not be eligible.

(2) District size limitations.

(a) An AR-O shall include parcels in their entirety and the perimeter of AR-O Districts shall be coterminous with the platted property lines of those parcels included in said district. In the event that an applicant wishes to use multiple parcels in its application, said parcels must be combined prior to the Zoning Map being amended.

(b) No land shall be designated for an AR-O if in the opinion of the Town Board it is too small, too narrow in width, too irregular in shape or would result in the development of lands that do not involve the reuse or redevelopment of existing nonresidential uses.

B. Application and approval procedure.

(1) The application of the AR-O Zoning District to a property shall be processed as a zoning map and zoning text amendment and shall require submission of a zone petition in accordance with Article XIII of this chapter.

(2) The application for and approval of an AR-O shall follow the procedures for zoning amendment outlined in the Town Law, as well as the procedures required under the New York State Environmental Quality Review Act (SEQRA).

(3) A complete application pursuant to this section shall be submitted prior to consideration by the Town Board.

(4) The Town Board reserves the right to consider or not consider any petition submitted under this article.

(5) Upon approval of an AR-O by the Town Board, the applicant shall be required to apply to the Town of Wawarsing Planning Board for site plan approval as per Article VIII of this chapter.

C. AR-O Zone submission.

(1) Applications for the establishment of an AR-O on a property shall be made in writing to the Town Board, by the owner(s) of the land proposed to be included in such district or by a person who possesses written contract or option rights to purchase such lands. In the event that the application is made by a person holding contract or option rights to purchase the lands, the application shall be accompanied by a notarized statement signed by the owner(s) granting authority on the part of the applicant to make the application.

(2) The application shall include:

(a) A description of the existing land uses for the property as currently zoned and/or developed;

(b) An explanation of why and/or how currently permitted uses and/or regulations restrict the highest and best use of the property;

(c) A description of how the proposed project and land uses are in conformance with the Town of Wawarsing Comprehensive Plan;

(d) A description of how the proposed project would comply with the purposes of this chapter and this section;

(e) A description of how the proposed project and its land use(s) will be compatible with adjacent existing land uses and those reasonably anticipated in the future;

(f) A full environmental assessment form;

(g) A conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:

[1] A metes and bounds description of the proposed AR-O Zone;

[2] A survey of the land prepared and certified by a licensed land surveyor;

[3] A map drawn to scale showing existing conditions of the parcel, including:

[a] The name and address of the owner of record and, the name and address of the applicant, if not the owner of record;

[b] The name of the person or firm preparing the plan;

[c] The date, North arrow and scale of the plan;

[d] The acreage of the parcel and the Tax Map number(s) of the parcel;

[e] The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting the parcel;

[f] The approximate location and outline of existing structures both on the parcel and within 200 feet of the property boundaries;

[g] The location of any existing wells, septic systems, storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities on the site or within 200 feet of the property boundaries;

[h] The existing base zoning of the property;

[i] The location of existing environmental features set forth in § 112-10F and any relevant classification as set by the applicable governmental regulatory body;

[j] The location and outline of existing woodland (for a distance of 100 feet onto adjoining property);

[k] The identification of any other significant features.

(h) Prior site plan and all approvals relevant to the existing property.

(i) The conceptual development plan, drawn approximately to scale, shall clearly show the existing features on the site, and any proposed modifications and proposed uses to same:

[1] The approximate location and dimensions of the existing principal and accessory buildings and structures on the site and their current or former use. Any demolition of buildings shall be identified;

[2] The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading;

[3] The source of water supply and capacity of same;

[4] The sanitary sewer system for the site;

[5] The stormwater management facilities;

[6] Identification of buildings, structures, and areas that will be disturbed and areas which will remain undisturbed by project implementation.

D. Town Board review.

(1) In its review of the application, the Town Board may suggest such changes to the conceptual plan as are deemed necessary in order to meet the objectives of this section and the purposes of this chapter. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application.

(2) The Town Board shall have the discretion to reject the application or to hold a public hearing with regard to the rezoning application.

(3) If the Town Board decides to hold a public hearing to consider the rezoning of a property, the application shall be referred to the Town of Wawarsing Planning Board in accordance with § 112-79 of this chapter, and the Ulster County Planning Board as may be required by New York General Municipal Law.

(4) The Town Board may refer the application to any local, state, or federal agency having jurisdiction over or expertise in the subject matter seeking comment.

(5) The Town Board may engage the services of consultants in the review of the zone petition. The fee for such review shall be the responsibility of the applicant and an escrow account shall be established prior to commencement of any review.

(6) If the Town Board decides to consider the zone petition, it shall hold a public hearing, the Town Clerk shall provide notice of said hearing to the owners of all parcels located within 500 feet of the subject property, and shall publish proper legal notice of the time and place of the public hearing.

(7) Following the public hearing the Town Board may, in its sole legislative discretion, act to approve, approve with modification or conditions, or disapprove the rezoning application. Approval shall result in amendment to the Zoning Map, and the resolution of approval shall set forth all the conditions relevant to such rezoning.

(8) If approved, an applicant shall have six months within which to submit a site plan to the Planning Board. The Town Board may grant one additional six-month extension upon request of the applicant prior to expiration of the initial six-month time frame. Failure to submit a site plan shall result in the property reverting back to the base zoning district and removal of the AR-O Zoning District from the property. Should an approved site plan expire, including all extensions, the property shall revert back to base zoning district.

(9) If the use is abandoned, the zoning district shall revert back to the base zoning district. The same abandoned use may be reestablished if site plan approval is received from the Planning Board. If the Planning Board denies site plan approval, it shall revert back to the base zoning district.

E. Decisionmaking. In determining whether to approve the application for an AR-O District, the Town Board shall consider the public health, safety and welfare of the surrounding area, together with following criteria, which shall include but not be limited to the following objectives of this section:

(1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to the nearby properties will be created by the creation of a district on the property, including any changes in residential density or nonresidential intensity of the proposed use;

(2) Whether the site is located in an area suitable for the proposed reuse or redevelopment of the buildings and site development so as to be reasonably free of objectionable conditions such as hours of operation, odors, noise, dust, air and light pollution, traffic volumes beyond the capacity of the existing road systems or proposed road improvements, and other environmental constraints;

(3) Whether the site will have adequate water and sewer facilities;

(4) The recommendations of the Planning Board, the Ulster County Planning Board and any consultants;

(5) Whether the reuse or redevelopment shall result in any adverse impacts on the surrounding neighborhood.

F. Planning Board review.

(1) Following the creation of an AR-O District, site plan review and approval by the Planning Board shall be required prior to the issuance of a building permit for the reuse or redevelopment of the property.

(2) The Planning Board shall not approve any site plan application unless it finds that the plan is in substantial compliance with the conceptual development plan that was submitted and approved by the Town Board and that served as the basis for the zone change to the AR-O District.

G. Modifications.

(1) Any further proposed change in use of a property that does not comply with the underlying zoning for the property shall be required to go back before the Town Board for review pursuant to the provisions of this section.

(2) Any further proposed subdivision of a property shall require amendment to the AR-O by the Town Board and subdivision approval of the Planning Board.

(3) Following initial construction and occupancy, any changes other than use changes or changes in the size of the building or use shall be considered as a request for a site plan amendment and be referred to the Planning Board for amended site plan review.

(4) Modifications to the zoning of properties within an approved AR-O Overlay District require application and approval by the Town.

H. Design requirements.

(1) Reuse or redevelopment shall take place on the existing development footprint regardless of such footprint's location. Expansion of development beyond the existing development footprint, or relocation of a development footprint, of any qualifying property shall be allowed only if such expansion or relocation is approved by the Town Board based on the layout and limitations of the site.

(2) The reuse or redevelopment shall meet all standards of this chapter, and no use shall be allowed which is otherwise prohibited by this chapter. Notwithstanding the above, the guidelines and chapter sections may be waived where deemed appropriate by the Town Board in review of the projects for redevelopment of preexisting structures.

(3) Required off-street parking spaces shall be determined by the Town Board upon recommendations made by the Planning Board and upon review of the parking standards set forth in this chapter.

I. Fees.

(1) An application shall be accompanied by an application fee as prescribed from time to time by resolution of the Town Board.

(2) If professional review of the application is required by a designated private planning, engineering, legal or other consultants or, if other extraordinary expense to review documents or conduct special studies in connection with the proposed application is incurred, reasonable fees shall be paid for by the applicant, in accordance with § 112-74.

(3) Applicant will be responsible for payment of all fees associated with the application, including, but not limited to, mailing, duplication of documents and materials, and public hearing fees.

§ 112-29 Short-term transient rentals (STR).

[Added 8-1-2024 by L.L. No. 2-2024]

A. Purpose. With the increase in tourism over the past several years in the Town of Wawarsing and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short-term transient basis. Many residents list their properties as short-term transient rentals on web-based booking sites such as AirBnB and VRBO. Short-term transient rentals offer many benefits to property owners and residents in our Town such as increased income, however, they also create potential health, safety, and quality of life detriments to the community including a reduction of the available housing stock for full-time residents In recognition of the widespread popularity of short-term transient rentals, and in recognition that many short-term transient rentals are already operating in the Town, the purpose of this section is to regulate the safety and use of short-term transient rentals as home businesses in line with the goals of the Town Comprehensive Plan. The following local law imposes mandatory regulations and requirements on all Town of Wawarsing property owners that desire to rent on a short-term transient basis their property. The purpose of such regulations and requirements are to assure that the properties being rented meet certain minimum safety and regulatory requirements which are proportional to those imposed on similar uses such as beds and breakfasts, inns, motels, and hotels thereby protecting the property owners, occupants of such housing and the residents of the Town of Wawarsing.

B. Authorization. This section is adopted in accordance with Article 16 of the Town Law of the State of New York which grants the Town of Wawarsing the authority to enact local laws for the purpose of promoting the health, safety, and welfare of the Town, and in accordance with Municipal Home Rule Law, Article 2, Section 10, that gives the Town of Wawarsing the power to protect and enhance its physical environment. The Town Board authorizes the Code Enforcement Officer to issue permits to property owners to use their properties as a short-term transient rental per the provisions of this section. Applications for a permit to operate a short-term transient rental shall be processed under the procedures set forth in this section.

C. Zoning. The use of a property for short-term transient rental shall be strictly considered an accessory use to residential use single-family and two-family dwelling units, and multifamily units which shall be limited to use of 50% of those units for STR and allowable only upon receipt of a short-term transient rental permit in all districts other than the PCIM Zoning District. To apply for a permit, a parcel must contain a residential dwelling unit.

D. Density. Existing short-term transient rental units shall meet all density and setback requirements for the zoning district unless they are pre-existing nonconforming structures. New construction dwelling units shall meet density and setback requirements for the zoning district.

E. Prohibitions. The following parcels shall be prohibited from being issued permits to operate short-term transient rentals:

(1) Parcels utilized for multifamily dwelling units, except for the limits specified in Subsection C above;

(2) Parcels utilized for industrial purposes;

(3) Vacant property which does not contain a residential dwelling unit. Applicants who wish to utilize vacant parcels for the purpose of short-term transient rental use shall apply for a campground use, as defined in § 112-4 of this Code.

F. Definitions. As specifically apply to this section:

ACCESS

The place, means, or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property, structure, or use.

CAMPING

The use of a property as a site for sleeping outside; or the parking of travel trailers or similar equipment, the erection of tents or other shelters, to serve as temporary residences.

DENSITY

The number of families, individual dwelling units or principal structures per unit of land.

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.

EXISTING SHORT-TERM TRANSIENT RENTAL

A short-term transient rental, as defined herein, which is in operation as of August 1, 2024, and meets all criteria of Subsection K of this Code.

HOUSE RULES

A set of rules that applies to renters of short-term transient rentals while occupying the unit.

LOCAL MANAGER

The person specifically named on the application and permit that is responsible for the day-to-day operation of the short-term transient rental, and who may be contacted, day or night, if there is a problem at the short-term transient rental. The local manager may be either the owner or an agent of the owner. The local manager must reside within 30 miles of the Town of Wawarsing Town Hall.

NEW OPERATING SHORT-TERM TRANSIENT RENTAL

A short-term transient rental not in operation prior to August 1, 2024.

NON-OWNER OCCUPIED

A STR unit that does not qualify as owner-occupied.

OWNER OCCUPIED

An STR unit that is the primary residence of the owner for at least 180 days in the calendar year, or the owner is present in the dwelling or is present on the same parcel while the residence is being used as a short-term rental.

PRIMARY RESIDENCE

A person's domicile where they usually live in the Town of Wawarsing, whether on a full-time or part-time basis for at least 180 days in the calendar year, typically a house including any habitable accessory structures on the same property. This includes secondary dwelling units located on the same parcel.

RENTAL

An agreement granting use or possession of a residence, in whole or in part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration.

RENTED IN PART

An STR in a primary residence, as defined above, that is being occupied in part by the owner and in part by STR guest(s), simultaneously.

RENTED IN WHOLE

An STR in a dwelling unit that is being occupied entirely by STR guests for the rental duration.

SECONDARY DWELLING UNIT (ADU)

An attached or detached secondary residential dwelling unit that shares the building lot of a larger, primary home, including having separate cooking and sanitary facilities.

SHORT-TERM TRANSIENT RENTAL (STR)

The use of a parcel for the rental or lease of any or part of any residential use single-family and two-family or multifamily dwelling unit, for a period of less than 30 days, to one entity motels, hotels, resorts, inns, and bed and breakfasts, as defined in this chapter are excluded from this definition.

SHORT-TERM TRANSIENT RENTAL UNIT

A dwelling unit utilized for the purposes of short-term transient rentals.

SLEEPING ROOM

An interior room other than a bedroom, as defined under the NYS Uniform Fire Prevention and Building Code, that may serve to afford sleep to a person, however, sleep shall not be the primary function of the room. Examples include, but are not limited to, a living room, family room, den, loft, or great room which may be furnished with a futon, convertible couch, or other sleeping surface. All sleeping rooms shall meet NYS Uniform Fire Prevention and Building Code mandates for bedrooms. (i.e., size, ceiling height, access, egress, lighting and ventilation, electrical outlets, heat, and smoke and carbon monoxide alarms).

VACANT PROPERTY

A parcel which does not contain a residential dwelling unit.

G. Applicable law.

(1) All property owners desiring to rent on a short-term transient basis must comply with the regulations of this section. However, nothing in this section shall alter, affect, or supersede any regulations or requirements of the Town of Wawarsing Zoning Code, any regulations or requirements imposed by the County of Ulster, or any state or federal regulations or requirements, and all property owners must continue to comply with such regulations or requirements.

(2) All short-term transient rental property owners shall obtain a valid permit from the Code Enforcement Officer before operation. Such permits shall be applicable for a two-year period, subject to annual fire and safety inspection.

H. Ownership of properties.

(1) Properties must be owned by an individual, individuals, sole proprietorship, general partnership, limited liability partnership, or a limited liability company. No property owned by a corporation or other business entity shall qualify for a permit, unless such business entity list their three largest shareholders in the application for permit.

(2) A general partnership, limited liability partnership or a limited liability company must disclose names of all partners and/or members when applying. Any changes in partners and/or members shall be provided to the Code Enforcement Department within 30 days of change. For a non-grandfathered permit (see Subsection K below) general partnership, limited liability partnership or limited liability company to qualify as an owner of a property a resident of the property must have at least 50% ownership in the general partnership, limited liability partnership or limited liability company.

(3) No owner entity composed of the same individuals may hold permits for greater than two properties at any given time, one owner-occupied and one non-owner-occupied STR. Multiple permits on the same property shall count as one for the purposes of this section of the Code.

I. Designation of STR properties. All short-term transient rentals shall be designated as owner occupied, or non-owner occupied, as defined herein.

J. Ulster County hotel and motel occupancy tax. All short-term transient rentals shall comply with the Ulster County hotel and motel room occupancy tax. An operator of a hotel or motel may be responsible for the collection of tax on occupancy of hotel/motel room rentals. Included in the definition of hotel/motel rooms are short-term and/or vacation rentals and properties typically listed on sites like Airbnb, Home Away, and VRBO.

K. Application of law to existing short-term rentals.

(1) Property owners who operate an existing short-term transient rental shall have 90 days from the effective date of this section to apply for a valid permit.

(2) They shall be allowed to continue operation until such time as a permit is issued or denied by the Code Enforcement Officer.

(3) Grandfathering. The Town of Wawarsing will offer a one-time grandfathering opportunity recognizing existing STR units operating prior to August 1, 2024. This is for both owner-occupied and non-owner occupied STR units. To qualify for "grandfathering" of existing use, a property owner shall meet the standards and produce documentation of compliance of Subsection K(3)(a), (b), and (c) below. Any property owners who fail to produce such documentation shall be required to file and be considered a new operating short-term transient rental.

(a) Provide an Ulster County Department of Finance certificate of authority dated prior to August 1, 2024; and

(b) Provide proof of operation as an STR between August 1, 2019, and August 1, 2024; and

(c) Have submitted a complete application and be subject to Subsection T, General permit regulations, and an annual fire and safety inspection.

(4) Application renewal; inspections; change of ownership.

(a) Grandfathered STR Units shall be allowed to operate, subject to biennial application renewal and annual fire and safety inspection, until such use ceases to exist.

(b) In the event the property changes ownership the new owner must immediately apply for and be granted a new STR permit, in order to continue the grandfathered status and to operate as an STR.

(5) Grandfathered units which exceed the allowed limits of Subsection H(3) of this Code shall be considered non-conforming and be allowed to continue.

L. Cap of number of new, non-grandfathered, non-owner occupied STR permits.

(1) The Town of Wawarsing Town Board has determined a cap shall be established on the number of new short-term transient rental non-owner-occupied permits. There will be no cap on owner occupied units. This is to maintain the permanent housing stock availability for all income levels of residents.

(2) There shall be no cap established at the initial effective date of this section.

(3) Thereafter, the cap number of available permits (not including those that have been grandfathered) may be established by resolution of the Town Board annually on or before September 1, 2025, and September 1 of each calendar year thereafter, utilizing a percentage of the number of housing units on the Town of Wawarsing Assessor final tax roll for that year and the number of grandfathered permits for that same year. Those properties which are operating with proper permitting and registration shall be allowed to continue to participate in short-term rental should a cap be instituted in the future, so long as they continue to comply with this § 112-29.

(4) Grandfathered STR units and owner-occupied units shall not be cap restricted.

M. Fee. A nonrefundable permit application fee and inspection fee shall be established by resolution of the Town Board for each dwelling unit that functions as or contains a short-term transient rental unit. Such permit fee shall be submitted with each new application and each biennial renewal application.

N. Application forms. Application forms for a permit to operate a short-term transient rental shall be developed by the Code Enforcement Office.

O. Applicants must file a separate application and tender a separate application fee and obtain a separate permit and inspection for each dwelling unit which contains or functions as a short-term transient rental.

P. Application process. Applications to operate a new STR shall be available as of October 15, 2024. The initial permit application to operate a short-term transient rental shall be submitted to the Code Enforcement Officer along with the applicable application fee, prior to operation. Property owners shall register with the County's Commissioner of Finance and receive a certificate of authority empowering such operator to collect the tax from the occupant pursuant to § 312-8 of the Code of Ulster County, and provide documentation relating thereto to the municipality to be eligible for any such permit.

(1) The initial permit application shall include the following:

(a) Contact information. The names, addresses, email address(es) and day/night telephone numbers of the property owners and local managers shall be included on the application.

(b) Designation of the STR as owner occupied or non-owner occupied, as defined herein.

(c) Designation of the STR as rented in part and/or rented in whole, as defined herein.

(d) Hosting platform information. The applicant shall provide the names and URLs for all hosting platforms or other advertising platforms, such as but not limited to AirBnB, VRBO or other hosting websites; and Facebook, Instagram, or other social media postings used by the applicant for advertisement of the short-term transient rental unit. Any changes or additions to the listed hosting/advertising platform shall be reported on the applicant's renewal permit.

(e) Parking. The number of off-street parking spaces to be provided shall be stated on the application. Offstreet parking shall be provided to accommodate the occupancy of the short-term transient rental unit, one parking space for each sleeping room in the dwelling plus other parking as required by § 112-15. Vehicles shall not be parked on front lawns. There shall be no on-street parking allowed. No parking shall be allowed outside of the parking spots designated and detailed on the permit.

(f) Maximum occupancy. The maximum desired occupancy by the operator shall be stated on the application. The Code Enforcement Officer shall establish the maximum occupancy. The Code Enforcement Officer shall limit the number of occupants based on the number, size, configuration, and furnishings of the bedrooms and/or sleeping rooms, and per the provisions of NYS Uniform Fire Prevention and Building Code.

(g) Water and septic. The source of the water supply shall be stated on the application and the permit. The septic system shall be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation as determined acceptable to the Code Enforcement Officer, indicating that the septic system is found to be currently working properly and is adequate for the short-term transient rental maximum occupancy.

(h) Fire safety. Documentation of location and existence of fire extinguishers in compliance with NYS Uniform Fire Prevention and Building Code.

(i) Description. State the occupancy of each bedroom and sleeping room and the methods of ingress and egress (examples: doors and windows) shall be included with the application. No kitchen or bathroom shall be occupied for sleeping purposes.

(j) Plat. The applicant shall submit an aerial plat of the property showing approximate property boundaries and existing features, including buildings, structures, well, septic system, parking spaces, firepits/outdoor fireplaces, driveways, streets, streams and other water bodies, and neighboring buildings within 100 feet of the short-term transient rental unit. This does not need to be a survey. This is easily obtained free of charge from many online sources.

(k) Garbage removal. The applicant shall state how garbage is to be removed from the property. The applicant is responsible for all refuse and garbage removal. The applicant shall be responsible for either: (a) contracting with a refuse company; or (b) the owner or property manager shall remove garbage on a weekly basis. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the plat submitted with the application.

(l) House rules. The applicant shall submit a copy of the house rules (see below subsection U for required house rules).

(m) Jurisdiction. If a property owner does not reside within 30 miles of the Town of Wawarsing Town Hall, then they must designate a local manager, within 30 miles, as an agent.

(n) A copy of the Ulster County Commissioner of Finance certificate of authority.

Q. Inspections.

(1) Each short-term transient rental unit shall be inspected by the Code Enforcement Officer or Fire Inspector to determine compliance with New York State Uniform Fire Prevention and Building Code. Inspections shall be done for the initial permitting and annually, thereafter. In the event that a short-term transient rental unit shall fail to pass it's fire inspection, a permit or renewal of permit, under this § 112-29 of the Code, may be denied or rescinded.

(2) All STR units must comply with NYS Building Code requirements and shall have no open violations. No initial or renewal permit shall be issued without compliance with the elements of the submitted application.

R. Application review. Upon receipt of the application and fee, the Code Enforcement Officer shall determine if the applicant has complied with all the requirements of this section as well as any federal, state, county, or local laws. If the applicant has fully complied, then the Code Enforcement Officer shall issue the property owner a short-term transient rental permit so long as Code Enforcement Officer inspections have been completed and approved. No permit shall be issued until inspection is completed and the short-term transient rental unit is approved by the Code Enforcement Officer. Notification of the initial permit shall be sent to neighbors within 500 feet of the property by the Code Enforcement Office upon permit approval.

S. Renewal permits. The applicant will provide the Town of Wawarsing with any changes to the original underlying application for a short-term transient rental permit, together with such additional documentation as determined by the Code Enforcement Officer, all of which will be on forms prescribed by the Code Enforcement Office, along with the current application fee. Renewal applications shall never be subject to any cap, provided the property remains under the same ownership. Any applicant who applies for a short-term transient rental permit and did not hold a permit for the immediate prior year, shall be considered a new applicant and not a renewal applicant. Permit holders shall be able to apply for renewal permits beginning October 1 through December 1.

T. General permit regulations.

(1) The permit to operate a short-term transient rental in any given year will expire on December 31, of the subsequent year, except an initial permit approved after September 1 of a calendar year shall be allowed to run through December 31 of the third subsequent year. All renewal permits shall run from January 1 to December 31 of a the subsequent calendar year.

(2) Copies of the permit must be displayed in the dwelling unit in a place where it is easily visible to the occupants.

(3) Permits for operation of a short-term transient rental may not be assigned, pledged, sold, or otherwise transferred to any other persons, businesses, entities, or properties.

(4) All short-term rental properties shall have posted on or about the inside of the front or main door of each dwelling unit a card listing emergency contact information. Such information shall include, but not be limited to the name, address, email, and phone numbers of the building owner, if local, or of a local manager and instructions on dialing 911 for emergency/fire/ambulance assistance. A local manager shall be able to respond in person within one hour.

(5) Exterior advertising signs are prohibited. Each STR shall have one sign designating the house number by the roadway and shall display the house number on the dwelling, but shall have no other signage.

(6) No person or persons shall be housed separately and/or apart from the approved dwelling unit in any temporary structure, tent, trailer, camper, lean-to, recreation vehicle, tiny-house, boat, or non-dwelling unit.

(7) Accessory dwelling units granted pursuant § 112-13I may not be considered for utilization or conversion to short-term accessory dwelling units, until after same have been in existence as an accessory dwelling unit for a period of 10 years.

U. House rules.

(1) All short-term rental properties shall post for renters of each dwelling unit a listing of house rules. House rules shall incorporate, but not be limited to, the following:

(a) An emergency exit ingress and egress plan.

(b) The location of fire extinguishers.

(c) Identify the property lines and a statement emphasizing that unit occupants may be liable for illegal trespassing.

(d) Identify the procedures for disposal of refuse/garbage.

(e) If allowed by the property owner, specify outdoor fires shall be made solely within a fireplace or fire pit in accordance with all New York State burning regulations.

(f) If allowed by the property owner, instructions for fires in fireplaces or wood stoves. If not allowed by the property owner, a statement stating as such.

(g) Short-term transient rentals shall not be permitted to be used for any commercial use or commercial event space.

(h) No outdoor camping shall be allowed.

(i) Parking shall be allowed solely in the designated parking spaces.

V. Complaints.

(1) Complaints regarding the operation of a short-term transient rental shall be in writing to the Code Enforcement Officer.

(2) Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.

(3) Notices required by this section shall be issued by the Code Enforcement Officer either by personal service to the property owner and/or the local manager, if applicable, or by certified mail to the address of the property owner and/or local manager as shown on the permit application.

(4) If the landowner does not comply with corrective action by the date given by the Code Enforcement Officer, the Town of Wawarsing may initiate procedures to revoke the permit, or the Town of Wawarsing may begin an action against the property owner or pursue any other relief permitted by law. Any fines and penalties shall be as outlined in § 112-73 of this Code.

(5) The Code Enforcement Officer shall refer to the Town Board any property owners whom they believe to be in violation of this section. The Town Board shall determine whether the permit in question shall be revoked. The revocation of a permit requires a public hearing by the Town Board. The referral to the Town Board may be done in addition to any other penalties permitted by law.

(6) Complaints can further lead to a denial of a renewal permit until the violation is resolved.