[HISTORY: Adopted by the Town Board of the Town of Montgomery 3-16-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 235, Zoning, last amended 10-5-2017 by L.L. No. 2-2017.
This chapter is a local law regulating and restricting the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, in the Town of Montgomery outside the limits of any incorporated village; and for said purposes dividing the Town outside such limits into districts; and providing fines and penalties for the violation of its provisions.
This chapter shall be known and may be cited as the "Town of Montgomery Zoning Law of 1971 as amended."
This Zoning Law is adopted for the purpose of promoting the health, safety, morals and the general welfare of the community and in furtherance of the following related and more specific objectives:
A. 
To guide and regulate the orderly growth, development and redevelopment of the municipality in accordance with a Comprehensive Plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.
B. 
To protect the established character and the social and economic well-being of both private and public property.
C. 
To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate.
D. 
To secure safety from fire, panic, and other dangers, and to provide adequate light, air and convenient access.
E. 
To prevent overcrowding of land or buildings and to avoid undue concentration of population.
F. 
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
G. 
To gradually eliminate nonconforming uses.
H. 
To conserve the value of buildings and to enhance the value of land throughout the municipality.
A. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural, and the plural the singular.
B. 
The word "person" includes a profit or nonprofit corporation, company, partnership or individual. The masculine shall include the feminine and the feminine shall include the masculine.
C. 
The word "shall" is mandatory and not directory; the word "may" is permissive.
D. 
The word "lot" includes the word "plot" and the word "land."
E. 
The word "structure" includes the word "building."
F. 
The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
G. 
The word "used" refers to the actual fact that a lot or land, building or structure, or part thereof, is being occupied or maintained for a particular use.
H. 
All references to Part 360, and subparts thereof, shall mean 6 NYCRR Part 360, Solid Waste Management Facilities, effective October 9, 1993, and further revisions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTABLE BIOMASS SOURCE MATERIALS
Unadulterated wood waste, C&D debris and municipal solid waste used to prepare biomass feedstock for a biomass gasification-to-energy facility. Acceptable biomass source materials shall not include municipal biosolids (sewage), animal wastes (manure), forestry and agricultural residues, and certain types of industrial wastes or any source material that can create, cause or contribute to a public nuisance condition.
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, a garden shed, a private playhouse, and a private greenhouse. Accessory buildings or structures consisting of 144 square feet or less shall be deemed minor accessory structures.
AGRICULTURAL PRACTICES
See "agriculture."
[Added 2-28-2023 by L.L. No. 2-2023]
AGRICULTURAL PRODUCTS
Those products as defined in § 301(2) of Article 25AA of the State Agriculture and Markets Law, including but not limited to:
[Added 2-28-2023 by L.L. No. 2-2023]
A. 
Field crops, including corn, wheat, rye, barley, hay, potatoes and dry beans.
B. 
Fruits, including apples, peaches, grapes, cherries and berries.
C. 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
D. 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
E. 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, llamas, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals, milk and milk products, eggs, furs, and poultry products.
F. 
Maple sap and sugar products.
G. 
Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.
H. 
Aquaculture products, including fish, fish products, water plants and shellfish.
I. 
Short rotation woody crops raised for bioenergy.
J. 
Production and sale of woodland products, including but not limited to logs, lumber, posts and firewood.
AGRICULTURAL PRODUCTS, LOCAL
Agricultural products grown in the State of New York or outside of the State of New York but within 75 miles of the Town of Montgomery, NY.
[Added 2-28-2023 by L.L. No. 2-2023]
AGRICULTURAL SUPPORTIVE BUSINESS
An establishment that provides products or services primarily to farmers to support production, sale, marketing, and distribution of their products, including, but not limited to, farm equipment repair, farm equipment sales, soil preparation services, crop services, veterinary services, farm labor and management services, seed or fertilizer sales, refrigeration, aggregation and distribution. Agricultural business shall include the processing of local agricultural products, including but not limited to cooking, dehydrating, pasteurizing, refining, milling, packing, cutting, juicing, pickling, jelling, saucing, flash freezing, warehousing and distribution. Agricultural support business shall include dairies and creameries. Agricultural supportive business shall not include animal processing facilities as defined herein or any use in which animals are slaughtered or processed.
[Added 2-28-2023 by L.L. No. 2-2023]
AGRICULTURE
Those activities involved in the production of agricultural products for sale. Further, agricultural activities shall include an activity engaged in, by, or on behalf of a farmer in connection with and furtherance of the business of agriculture and shall include, but not be limited to, the collection, transportation, distribution, composting, cooling, drying and storage of animal and poultry waste; storage, transportation and use of equipment for tillage, planting, harvesting and marketing; transportation, storage and use of legally permitted fertilizers and limes, insecticides, pesticides, herbicides, and fungicides; construction of farm structures and facilities, including farm wineries and other on-farm food processing as permitted by local and state building code regulation; construction and maintenance of fences and other enclosures; and the use and/or maintenance of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm roads and certain farm buildings and other structures related to agricultural practices. Agriculture also includes agritourism as defined hereafter.
[Added 2-28-2023 by L.L. No. 2-2023]
AGRITOURISM
Activities conducted on a parcel located within an agricultural district not related to the direct production of agricultural products, but supportive of a farm operation by providing accommodations, facilities, tours, events and activities designed to attract people to the farm operation to promote the sales, education and enjoyment of local agricultural products. Agritourism includes, but is not limited to, farm retail outlets, public farm markets, farm stands, farm breweries, farm cideries, farm distilleries, farm wineries, farm-to-table restaurants, farm vacations, farm events, farm assembly venue and farm education, harvest events, weddings and catering halls.
[Added 2-28-2023 by L.L. No. 2-2023]
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities; or an enlargement, whether by extending on a side or by increasing in height or moving from one location or position to another. The term "alter" in its various modes and tenses and its particular form refers to the making of an alteration.
ANIMAL PROCESSING FACILITY
A USDA-inspected slaughter plant, a state-registered 5-A plant, a state registered 20-C commercial kitchen or other facility used for processing animals or animal parts in accordance with state or federal requirements.
[Added 2-28-2023 by L.L. No. 2-2023]
ANTIQUE, CRAFT AND SPECIALTY FOOD SHOPS
A building or portion thereof containing less than 2,500 square feet and where more than 50% of the sales floor area is devoted to the display of items not regularly available in grocery stores or area retail department stores. Such stores are intended to generally appeal to tourists and often offer locally produced food and products, artisan-crafted goods, and other similar items.
[Added 4-18-2022 by L.L. No. 6-2022]
ARENA
A building with tiers of seats for spectators of athletic activity, recreation, educational instruction or artistic performance.
[Added 4-18-2022 by L.L. No. 6-2022]
ASSEMBLY HALL
A building or portion of a building in which facilities are provided for civic, educational, political or social purposes. An assembly hall used for religious purposes shall be deemed a "church."
[Added 4-18-2022 by L.L. No. 6-2022]
BASEMENT
A story partly underground and having less than 1/2 of its clear height below the finished grade.
BED-AND-BREAKFAST
A single-family detached dwelling occupied as the primary residence of the operator offering no more than four overnight accommodation guest units and including breakfast service as part of the guest unit rental fee.
[Added 4-18-2022 by L.L. No. 6-2022]
BILLBOARD
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.
BIOMASS
All non-fossil organic materials that have an intrinsic chemical energy content. This includes all water and land-based vegetation and trees, or virgin biomass, and organic components of waste materials such as municipal solid waste, municipal biosolids (sewage) and animal wastes (manure), forestry and agricultural residues, and certain types of industrial wastes.
BIOMASS GASIFICATION-TO-ENERGY FACILITY
A facility which processes acceptable biomass source materials into a synthesis gas for the purpose of generating electricity, and shall include recycling handling and recovery facilities, post-collection separation facilities, and/or construction and demolition debris processing facilities which are used in connection with a biomass gasification operation, and biomass gasification process equipment and energy generation facilities used to convert processed biomass into a synthesis gas for the purpose of generating electricity.
BOARD
The Zoning Board of Appeals or the Planning Board, as the context requires.
BREWERY
Any place or premises where beer is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on. Such use may include tastings or operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
BUFFER
An open and unoccupied area maintained in a pervious natural or designed landscaped condition for the purpose of providing transitional areas between land uses of varying compatibility for the purpose of noise, vibration, odor or visual screening or along the boundaries of sensitive environmental resources for protection ofthose resources.
[Added 11-3-2022 by L.L. No. 13-2022]
BUFFER OPACITY
An approximate characterization of the ability of a buffer to shield a use on one side of the buffer from perceiving the activities taking place on the opposite side of the buffer in terms of visual activity, noise, vibration and odors.
[Added 11-3-2022 by L.L. No. 13-2022]
BUILDING
A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
BUILDING INSPECTOR
The official Building Inspector of the municipality. The term "Building Inspector" shall include the terms "Code Enforcement Official" and "Zoning Law Administrator."
BUSINESS INCUBATOR FLEX SPACE
A building designed to accommodate varying types of commercial, manufacturing, laboratory or industrial uses otherwise permitted by the zoning district in which it is located and offering time-limited leases at below-market-rate rents in order to lower the startup costs for new businesses.
[Added 4-18-2022 by L.L. No. 6-2022]
CAMPGROUND
Any parcel of land under single ownership with or without accommodations for temporary living purposes, but containing two or more paved or unpaved areas to be used for the parking of recreational vehicles, which includes travel trailers, the erection of a tent, or accommodation of other forms of temporary, portable or movable shelter.
CANOPY PLANTINGS
Any tree or other woody plant that when fully grown will provide shade and/or shelter for the land beneath while allowing passage of people, animals and/or vehicles upon the land beneath.
[Added 11-3-2022 by L.L. No. 13-2022]
CATERING HALL
A commercial establishment primarily engaged in providing food and drink to large gathered groups. Catering halls differ from restaurants in that large groups of people occupying multiple tables are provided a common service scheduled and usually requiring at least a partial payment at least several days in advance of the service.
[Added 4-18-2022 by L.L. No. 6-2022]
CELLAR
A story partly underground and having 1/2 or more of its clear height below the finished grade.
CHURCH
A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body. A church may include other accessory uses customarily associated with religious worship, including classrooms for religious education, gymnasiums, libraries, offices, and specialized spaces designed to accommodate religious ritual. Churches may also include a dwelling or dwellings restricted to occupancy by clergy, their direct families and guests, but such spaces shall not be offered for rent or sale. "Church" shall also be interpreted to include synagogues, mosques and temples.
[Added 4-18-2022 by L.L. No. 6-2022]
CIDERY
Any place where cider is manufactured for sale, and includes all offices and storerooms connected with any part of the manufacture process. Such use may include tastings or operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
CLUB, COUNTRY
A club for golfing, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFIT
The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity or for the meeting of other organizations, or for educational and cultural purposes.
CLUSTER DEVELOPMENT
A subdivision plat or plats, approved pursuant to § 235-8, in which the applicable zoning law is modified to provide an alternative method for the layout, configuration and design of lots, buildings, structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
COMPOSTING FACILITY
A facility which produces compost from the organic fraction of leaves, wood chips, grass clippings, pine needles, plants, stumps, tree trunks, yard waste, branches, brush, food and manure. This definition specifically excludes inorganic material and animal products and by-products, sewer waste, solid waste (other than those above) or sludge. Said facility must conform to the requirements of Part 360, at a minimum.
CONFERENCE CENTER
A commercial facility where spaces are demised for use for business and professional conferences and seminars. Overnight accommodations for occupancy solely by conference attendees and their immediate families, including sleeping, eating and recreational facilities, are often part of conference centers. A conference center is not designed to be utilized by the general public nor for nontransient occupancy.
[Added 4-18-2022 by L.L. No. 6-2022]
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS
Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land-clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes, but is not limited to, asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous materials such as fluorescent lamps, ballasts or transformers, carpeting, furniture, appliances, tires, drum containers greater than 10 gallons in size, any containers having more than one inch of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of "C&D debris" is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a Town-approved C&D debris processing facility that renders individual waste components unrecognizable, such as pulverizing or shredding.
CONTRACTOR BUSINESS OFFICE
A facility with one or more structures that are used for the conduct of a service trade where the principal point of service is off-site, including but not limited to general contractors, carpenters, painters, plumbers, HVAC, masons, roofers, electricians, landscapers, constructors, metalworkers, and glaziers. Facilities may be used as offices, storage, fabrication spaces, vehicle parking, breakrooms, and for any other nonnuisance use deemed traditionally associated with the trade. Outdoor storage shall be considered an accessory use to a contractor business office only where the storage is located in a district that allows contractor storage and/or equipment yard as a principal use.
[Added 4-18-2022 by L.L. No. 6-2022]
CONTRACTORS OFFICE AND STORAGE
Buildings designed for a contractor's office area with indoor storage of material and supplies and vehicles including servicing of the contractor's vehicles.
CONTRACTORS STORAGE AND/OR EQUIPMENT YARDS
Outdoor storage areas for vehicles, equipment and materials used by a contractor in the conduct of his business.
CONVENIENCE STORE
A retail store with a floor area of less than 2,500 square feet that sells groceries, prepackaged prepared foods, periodicals and household items.
[Added 4-18-2022 by L.L. No. 6-2022]
COURT
An open, unoccupied space other than a yard on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area, and the least dimension and area of the court to which it is contiguous.
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, INNER
Any court which is not an outer court.
COURT, OUTER
A court extending to a street, front yard, or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery, shoes or other articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of "ready-to-wear" or standardized products.
DATA CENTER/SERVER CENTER
A facility primarily used to house computer, telecommunication, digital storage and/or network infrastructure.
[Added 4-18-2022 by L.L. No. 6-2022]
DAY CAMP
A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five or more enrolled children other than the children of the resident family, which does not provide customary commercial public recreation features such as Ferris wheels or roller coasters, and does not furnish sleeping quarters except for the resident family.
DEC or DEPARTMENT OF ENVIRONMENTAL CONSERVATION
The New York State Department of Environmental Conservation.
DELICATESSEN
A convenience store that also prepares food items to order and may include a small area of no more than 150 square feet for consumption of food on site.
[Added 4-18-2022 by L.L. No. 6-2022]
DISTILLERY
Any place where liquor is manufactured for sale, and includes all offices and storerooms connected with any part of the manufacture process. Such use may include tastings or operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
DUMP
A parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING
A building arranged, intended or designed to be occupied by one or more families living independently of each other on the premises.
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary, and sleeping facilities arranged for the use of one family.
DWELLING, ACCESSORY
A secondary subordinate dwelling with not more than one bedroom designed primarily for occupancy by one or two persons, attached to or part of a single-family residence or in a detached structure as regulated in § 235-6.5B.
DWELLING, MULTIPLE
A building or portion thereof containing more than two dwelling units.
DWELLING, ONE-FAMILY SEMIDETACHED
A building constructed for the use of two families having one side yard and one wall for each unit and permitting separate ownership for each unit.
DWELLING, SINGLE-FAMILY ATTACHED
A building containing two or more dwelling units, none of which have common floors or ceilings between units, and which have one party or common wall. Single-family attached dwellings within a building containing two dwellings are commonly referred to as a "duplex." Single-family attached dwellings within a building containing three or more dwelling units are commonly referred to as "townhomes" where such units are located on individual fee-simple lots.
[Added 4-18-2022 by L.L. No. 6-2022]
EATING ESTABLISHMENTS: DRIVE-IN, OPEN-FRONT, OR CURB SERVICE
A restaurant receiving 51% of its gross sales receipts of food and beverages from patrons that consume food and beverages on site but outside the principal structure.
[Added 4-18-2022 by L.L. No. 6-2022]
FAMILY
One or more persons living together as a single nonprofit housekeeping unit using all rooms and housekeeping facilities of a dwelling unit in common. Any such number of persons shall not be deemed to be part of one family, but shall be considered a separate family if any one of such persons does not have lawful access to common rooms and housekeeping facilities of said dwelling unit or if any one or more of such persons leases or rents any separate portion of such dwelling unit from any other person, except that up to two additional persons may room or board with a family as long as they share the use of all common rooms and housekeeping facilities.
FARM ASSEMBLY VENUE
An agritourism use comprised of an arena, assembly hall, catering hall, conference center, or similar indoor or outdoor facility designed to support public assembly on a regular basis.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM BREWERY, CIDERY, WINERY, MEADERY OR DISTILLERY
An agritourism use comprised of a brewery, cidery, winery, meadery or distillery, licensed to produce New York State labelled products and required by license to utilize New York State agricultural products as a minimum percentage of ingredients by weight.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM EDUCATION
An agritourism use comprised of the touring of farms for the purpose of teaching people about agriculture. Farm education may include the transport of groups to and from a farm and may include one or more structures or portions of structures used as classrooms, museums, lecture halls or exhibit space.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM EVENT
A transient agritourism use comprised of public assembly.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM MARKET, PUBLIC
A temporary agritourism use comprised of an event held indoors or outdoors for the buying or sale of farm and food products.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM OPERATION
The land and on-farm buildings, equipment, facilities, and agricultural practices which contribute to the production, preparation and marketing of agricultural products, as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision 13 of Article 25-AA of the Agricultural Districts Law and "timber processing" as defined in Subdivision 14 of Article 25-AA.[1] Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM RETAIL OUTLET, PRIVATE
An agritourism use comprised of one or more permanent structures or portions thereof, operated on a seasonal or year-round basis, that allows for farmers to retail agricultural products directly to consumers. Farm retail outlets may sell products other than agricultural products, but such sales shall be subordinate to the retail of local agricultural products.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM STAND
An agritourism use comprised of a direct farm marketing operation without a permanent structure and only offering outdoor shopping on the farm premises. Such an operation is seasonal in nature and features on-farm produce as well as local agricultural products, enhanced agricultural products and handmade crafts.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM VACATION
An agritourism use comprised of temporary residency on the premises of a farm operation by paying, transient guests for the purpose of observing and/or participating in the ongoing activities of an agricultural operation and learning about agricultural life.
[Added 2-28-2023 by L.L. No. 2-2023]
FARMER
Any person, organization, entity, association, partnership, limited-liability company, or corporation engaged in the business of agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock.
[Added 2-28-2023 by L.L. No. 2-2023]
FARMLAND
Land within an agricultural district created pursuant to § 303 of the New York Agriculture and Markets Law used primarily for bona fide agricultural production, for commercial purposes, of all those items and products defined in the New York Agriculture and Markets Law § 301.
[Added 2-28-2023 by L.L. No. 2-2023]
FARM-TO-TABLE RESTAURANT
An agritourism use comprised of a restaurant which prepares and sells dishes which significantly feature local agricultural products as ingredients.
[Added 2-28-2023 by L.L. No. 2-2023]
FLEX SPACE, MULTI-TENANT OR MULTI-USE BUILDINGS
Buildings built on speculation and designed for the commercial use of one or more tenants generally for an undefined mix of office, light assembly, warehouse or storage of equipment and/or material inside a building. If no specific uses are proposed the structure must be built to the highest fire and life safety standards in the Building Code and be fully sprinklered having noncombustible fire-rated construction.
FOOD LINKAGE, LOCAL/REGIONAL
A facility used for the aggregation, distribution and marketing of source-identified food products primarily from local and regional producers.
[Added 4-18-2022 by L.L. No. 6-2022]
GAMING FACILITY
A facility defined pursuant to § 1301(23) of the New York Racing, Pari-Mutuel Wagering and Breeding Law.
GAMING FACILITY CULTURAL AND PERFORMING ARTS CENTER
An indoor or outdoor facility related to the gaming area and located on the gaming facility premises, and used for the live performance of dance, drama, music, or similar artistic performances, including but not limited to pavilions, concert halls and other musical and performing arts performance areas together with administrative, food service, interpretive and learning centers and museums, seating facilities together with various other accessory uses to accommodate performing arts patrons. Instructional courses in the performing arts are allowed accessory to an arts center. This definition does not include facilities principally used to display movies or other non-live performances. Nothing herein shall be construed to permit adult entertainment uses in conjunction with a cultural and performing arts center.
GAMING FACILITY INDOOR COMMERCIAL RECREATION USE
Recreational activities related to the gaming area and located on the gaming facility premises, and conducted entirely within a building, including tourism facilities operated on a commercial or fee basis. An indoor recreation use may include food service facilities, hotels and resort lodges, health spas, conference centers, meeting rooms, theaters, retail sales and other accessory uses clearly incidental to recreational activity. Indoor commercial recreational use may include the premises approved under a gaming license issued by the New York State Gaming Commission which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants, or other amenities. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an indoor commercial recreational use.
GAMING FACILITY OUTDOOR COMMERCIAL RECREATIONAL USE
Recreational activities related to the gaming area and located on the gaming facility premises, and conducted outside of a building, operated on a commercial or fee basis. An outdoor recreational use may include accessory uses and buildings, such as a clubhouse, food stands, offices, and other accessory structures incidental to the outdoor recreational activity. Golf courses are regulated as a separate use. Nothing herein shall be construed to permit adult entertainment uses in conjunction with an outdoor commercial recreational use.
GAMING FACILITY RESORT DEVELOPMENT
A facility which includes a gaming facility, and which may also include gaming facility indoor commercial recreational uses, gaming facility outdoor commercial recreational uses, and/or a gaming facility cultural and performing arts center.
GARAGE, PARKING
A building, not a private garage, used for the storage of automobiles or trucks, and not used for making repairs thereto.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and no space for more than one car is leased to a nonresident of the premises.
GARAGE, REPAIR
A building other than a private or a parking garage used for adjustment, painting, replacement of parts or other repair of motor vehicles, or parts thereof, whether or not accessory or incidental to another use.
GARBAGE; SOLID WASTE
Kitchen and household refuse and table scraps, fruit and vegetable parings, decaying vegetable, animal and fruit matter and fallen fruit and other perishable waste resulting from the handling, selling, preparation, cooking or storing of foods, including soiled paper. "Garbage" does not include yard waste.
GASOLINE STATION
A building or lot or part thereof supplying or selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A gasoline station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs. A gasoline station may be self-service where customers pump their own fuels or may have an attendant that pumps fuels and it may house a convenience retail store of up to 2,500 square feet. A gasoline station shall not be deemed to include a liquefied petroleum filling station. A gasoline station shall not be deemed to include any facility where diesel fuel sales by volume exceed 15% of total fuel sales for any thirty-day period.
[Amended 10-6-2022 by L.L. No. 10-2022]
GASOLINE STATION WITH CONVENIENCE STORE
A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, pastries, and prepared or individually proportioned items may be included in the food items offered for sale.
GASOLINE STATION, LIQUEFIED PETROLEUM GAS (LPG)
A parcel of land upon which a building and/or storage tank for LPG is located and used to supply gas at retail to motor vehicles and portable gas storage tanks brought to the site. Such a gasoline station may provide accessory facilities and services for motor vehicles, equipment utilizing LPG and LPG tanks.
GENERAL STORE
See "convenience store."
[Added 4-18-2022 by L.L. No. 6-2022]
GLAMP
A semi-permanent structure or structures consisting of one or more platforms upon which a fabric tent is erected for use as an overnight accommodation guest unit. No glamp may contain more than five overnight accommodation guest units and guest units shall not be visible from any public right-of-way.
[Added 4-18-2022 by L.L. No. 6-2022]
GREEN INFRASTRUCTURE
The range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. Techniques include but are not limited to those identified in Chapter 5 of the New York State DEC stormwater manual and include but are not limited to rain gardens, bioretention areas, vegetated swales/dry swales, green roofs, porous pavement, stream buffer restoration, stormwater planters and tree filters.
[Added 11-3-2022 by L.L. No. 13-2022]
GROUND COVER PLANTINGS
The lowest layer of plants that provides direct coverage of soil with grasses and other low-growing or trailing plants.
[Added 11-3-2022 by L.L. No. 13-2022]
GUEST UNITS, OVERNIGHT ACCOMMODATION
Any habitable room or demised group of rooms designed to be rented as a single unit, accessed via a single key and used as a separate overnight accommodation on a transient basis only.
[Added 4-18-2022 by L.L. No. 6-2022]
HARVEST EVENT
An agritourism use where the public is invited at harvest time to pick fruits or vegetables grown on site and optionally supplemented with local agricultural products. Farm events may include traditionally attendant activities such as corn mazes, Christmas tree harvesting, cooking contests, eating contests, petting zoos, sale of prepared foods, live music and similar activities. Harvest events may extend over the span of several weeks.
[Added 2-28-2023 by L.L. No. 2-2023]
HAULAGEWAY
All roads utilized for mining purposes, together with that area of land over which material is transported, that are located within the permitted area.
HEIGHT OF STRUCTURE OR BUILDING
The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATION
Any gainful occupation customarily conducted within a single-family dwelling by the residents thereof that is clearly secondary to the residential use, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment shall be used except customary household equipment. However, home occupations shall not be construed to include such uses as the following: occupations which employ persons other than residents who work on the premises, a clinic or hospital, restaurant, antique dealer, kennel or breeding kennel (except where allowed as a special permit use).
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist, or other person licensed by the State of New York to practice a healing art; lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, trades, or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.
HORTICULTURAL SPECIALTY
The production of fruits, vegetables, flowers, ornamental trees and landscape plants but not staple crops or livestock. Horticultural specialty may include greenhouses and retail outlets.
[Added 2-28-2023 by L.L. No. 2-2023]
HOTEL
A commercial building containing overnight accommodation guest units which share common entrances and are accessed via a common hallway. Conference rooms, restaurants, bars, lounges, gift shops, sundries shops, business centers, fitness centers and recreational amenities are considered accessory to a hotel, so long as they are primarily intended for use by hotel guests. A hotel may include up to one overnight accommodation to be utilized by staff and/or employees and their family on a nontransient basis.
[Amended 4-18-2022 by L.L. No. 6-2022]
HOUSE TRAILER
A movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
INN
A hotel or motel having up to 25 guest rooms.
[Added 4-18-2022 by L.L. No. 6-2022]
INTENSITY CLASSIFICATION
A tiered classification of uses for the purpose of prescribing buffering where similar uses are grouped together based on their shared attributes of approximate intensity in terms of noise and odor generation, traffic generation, and general activity level.
[Added 11-3-2022 by L.L. No. 13-2022]
JUNKYARD
Any land or structure or part thereof exceeding 300 square feet in area used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for sale of the parts thereof.
KENNEL
The maintenance or housing of more than four dogs six months of age or older on one lot.
LIGHT POLLUTION
Any potential adverse effect of artificial light, including sky glow, glare, light trespass, light clutter, decreased visibility at night and energy waste, as determined by the Planning Board during plan review.
LOT
A parcel of land occupied or used by one main building with its accessory building and the required open spaces.
LOT AREA
The total horizontal area included within lot lines.
LOT COVERAGE
The percentage of the area of the lot covered by a building or buildings.
LOT LINE
Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street right-of-way line at the front of a lot. A front lot line and required front yard for property facing two or more streets shall be all of the lines and all of the yards fronting on said streets. The lot line and yard opposite one of the front lot lines shall be the rear lot line and rear yard. For a lot that extends behind another lot, the front yard shall be measured from both the public street and, in addition thereto, from the common lot line between the front and rear lots which runs generally parallel to the street.
LOT LINE, REAR
The lot line opposite to the front lot line.
LOT WIDTH
The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth, or at the proposed building setback line established at the time of subdivision approval, whichever is greater.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT, INTERIOR
Any lot other than a corner lot.
LOT, THROUGH
A lot extending from one street to another.
MACHINERY REPAIR OR SERVICE PLANT, NONNUISANCE
A facility used for the purpose of repairing, servicing and/or maintaining vehicles, machinery and equipment used principally in industrial or commercial processes, including but not limited to printing presses, hydraulic presses, boilers, industrial ovens, industrial scales, milling machines, lathes, robotic equipment, looms, forges, bulldozers, backhoes, drilling machines, excavators, tractors, tug vehicles, commercial trucks, aircraft, lawn mowers, snow machines and watercraft. Vehicles, machinery and equipment shall be primarily non-consumer goods and not utilized for personal use, but these uses may include repair, service or maintenance of personal consumer goods as an ancillary use.
[Added 10-6-2022 by L.L. No. 10-2022]
MINE
Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the New York State Department of Environmental Conservation.
MINERAL
Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. For purposes of this chapter, peat and topsoil shall be considered minerals.
MINING
The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.
MINING PLAN
A description of the applicant's mining operation, which shall include maps, plans, written materials and other documents required by the New York State Department of Environmental Conservation.
MOBILE HOME
A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration. See "house trailer."
MOBILE HOME COURT
A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.
MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
A use of land and improvements for the purpose of displaying, storing and renting or selling mobile homes or house trailers, but not including provision for mechanical or other services for these dwelling uses.
MOBILE HOME PARK - AGE RESTRICTED
A residential land use designed for a cluster of mobile homes (sometimes referred to as "manufactured homes") with improvements and open space and where at least one occupant shall be at least 55 years of age and no occupant shall be less than 19 years of age.
MOTEL
A commercial building or buildings containing overnight accommodation guest units which are accessed directly from the building exterior. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations. A motel may include up to one overnight accommodation to be utilized by staff and/or employees and their family on a nontransient basis.
[Amended 4-18-2022 by L.L. No. 6-2022]
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards and which does not include any outdoor processing of materials, or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
NONNUISANCE INDUSTRY, LIMITED
That nonnuisance industry which employs four or fewer employees, is expected by the Planning Board to generate little or no heavy truck traffic, contains no outdoor storage yards, and is situated in a building or portion of a building of not more than 2,500 square feet in floor area.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations[2] of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.
NURSERY SCHOOL
See "day camp."
OVERBURDEN
All of the earth, vegetation and other materials which lie above or alongside a mineral deposit.
PARKING AREA
A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for the parking of one motor vehicle in a garage or parking area.
PARKING SPACE, TRUCK
A parking space intended for occupancy by a commercial vehicle or commercial vehicle and trailer over 20 feet in length. Each loading berth, truck dock, truck bay, or fueling position concurrently available to such vehicles shall also be deemed to be a truck parking space.
[Added 4-18-2022 by L.L. No. 6-2022]
PERMITTED USE
A specific main use of a building, structure, lot or land, or part thereof, which this chapter provided for in a particular district as a matter of right subject to the requirement of site plan approval where elsewhere required in this chapter and/or other applicable law. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PERSON
Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever.
PERSONAL SERVICE SHOP, ACCESSORY
A barbershop, beauty parlor, dry-cleaning or laundry service of less than 4,000 square feet, professional studio or travel agency or similar service that is contained within, and clearly accessory to, a primary building use of the property.
POST-COLLECTION SEPARATION FACILITY
A facility which separates recyclable from solid waste, other than source-separated recyclable or construction and demolition debris. These facilities shall be regulated the same as recyclable handling and recovery facilities. These facilities must meet the requirements of 6 NYCRR Part 360-11, Transfer Stations, as such requirements now exist or may be amended hereafter.
PROHIBITED USE
A use of a building or structure, lot or land, or part thereof, which is not listed as a permitted, special exception, or accessory use as well as those uses listed as prohibited uses in § 235-9.
REAR DWELLING
A dwelling located on the same lot and to the rear of the main building for which the lot is used.
RECLAMATION
The conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of the Environmental Conservation Law.
RECLAMATION PLAN
A description of operations to be performed by the applicant for a mining permit to reclaim the land to be mined over the life of the mine. The reclamation plan shall include maps, plans, the schedule for reclamation, written material and other documents as required by the New York State Department of Environmental Conservation.
RECREATIONAL VEHICLE
A movable unit designed for short-term occupancy and frequent travel, equipped with chassis and one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.
RECYCLABLE HANDLING AND RECOVERY FACILITY
A solid waste processing facility, other than collection and transfer vehicles, at which nonputrescible recyclables which have been previously separated (commingled or source-separated recyclables) from the solid waste stream are processed or prepared to marketable quality for reuse and/or recycling. This definition does not include retail operations that accept materials for recycling from the general public as merely a service or convenience that is incidental to the primary business being conducted on that property (e.g., waste oil collection centers at an automotive parts store).
RECYCLABLE MATERIALS
Any material designated, from time to time, which, under any applicable law or regulation, is not hazardous and which is separated from the waste stream and held for its material recycling or reuse value. It shall be limited to the following materials only: newsprint, corrugated cardboard, magazines, office paper, kraft paper, phone books, miscellaneous paper, glass, aluminum, tin/steel cans, white goods, scrap metal, plastics, textiles, used oil, lead acid batteries and dry-cell batteries. All other materials are specifically excluded from this definition.
REGIONAL SPORTS TRAINING FACILITY
A facility used for the training of athletes engaged in competitive sports other than firearm shooting sports and comprised of indoor and/or outdoor athletic fields and/or courts, classrooms, and accessory facilities such as gymnasiums, physical therapy spaces, medical facilities, snack bars and spectator arenas and grandstands. Such a facility does not include overnight accommodations and is limited to one residential dwelling unit for nontransient occupancy by a caretaker. Regional sports training facilities may also be used for hosting regional sports tournaments.
[Added 4-18-2022 by L.L. No. 6-2022]
REPAIR GARAGE
A facility used for the purpose of repairing, servicing and/or maintaining vehicles registered for operation on public roads, including but not limited to cars, busses, trucks and motorcycles.
[Added 10-6-2022 by L.L. No. 10-2022]
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto. With respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.
RESORT
A hotel or motel that offers recreational attractions such as golf courses, swimming pools, horseback riding trails, boating water parks and usually provides access to those facilities typically as part of a single fee.
[Added 4-18-2022 by L.L. No. 6-2022]
RESTAURANT
A commercial establishment where food and beverages are prepared and served on site and where beverage sales constitute less than 50% of the gross sales receipts of food and beverages.
[Added 4-18-2022 by L.L. No. 6-2022]
RETAIL INDUSTRY
A nonnuisance industry, as elsewhere defined in this chapter, that custom fabricates from finished materials which were not manufactured on the premises and which includes a retail store as a principal use in a designated area with separate direct access from the exterior in which components either manufactured or utilized in connection with the finished product are offered for sale to the public.
RETAIL SHOP, ACCESSORY
The retail sales of various products including food, in an area that is contained within the primary interior use of an existing commercial facility and is less than 25% of the floor space of the primary interior use.
RETAIL STORE OR SHOP
Establishments engaged in selling commodities or goods in small quantities to end consumers including the rental or incidental servicing of items and material.
ROADSIDE MARKET
A temporary use of land, structure or building on a farm by the farmer as a sale outlet primarily for produce grown on his farm.
SELF-STORAGE FACILITIES
A facility containing separate, individually leasable or rentable storage spaces of varying sizes.
SENIOR ASSISTED-CARE FACILITY
Individual dwelling units, or partial units, designed and constructed primarily for seniors and subject to management or legal restrictions that require all units and partial units to be occupied by persons 60 years of age or older providing long-term residence, centralized cooking and common dining, housekeeping and personal care and supervision as needed to five or more adults, unrelated to the operator, who may or may not require some limited, continuing medical care. To allow flexibility, not more than 10% of the units may be occupied by persons under 60 years of age.
SHOPPING CENTER
One or more buildings situated on a minimum of two acres containing retail stores, services, offices, eating, drinking, or entertainment establishments and accompanying on-site parking, loading, and vehicular and pedestrian circulation facilities, in accordance with a comprehensive design.
SIGN
Any kind of billboard, signboard, temporary or permanent, or other shape or device or display used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.
SIGN, BUSINESS
A temporary or permanent sign which directs attention to a business or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENT
A temporary or permanent sign which directs attention to a home occupation, a home professional office, or public or semipublic building.
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction, on the premises on which the sign is located.
SIGN, TEMPORARY
A temporary sign which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.
SOURCE SEPARATION
The segregation of recyclable materials from solid waste to a point of generation for separation, collection, sale or other disposition.
SPECIAL PERMIT USE
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of § 235-15.4.
SPOIL
Any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals.
STREET
Any federal, state, county or Town road or any street shown upon a subdivision plat filing in the County Clerk's office.
STREET LINE
The dividing line between a lot and a street right-of-way.
STREET, COLLECTOR
A street which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of large residential developments.
STREET, MAJOR OR ARTERIAL
A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic between communities and/or other heavy-traffic-generating areas.
STREET, MARGINAL OR SERVICE
A street which is parallel to and adjacent to major or arterial streets and highways, and which serves to provide access to abutting properties and separation from through traffic.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOL
A receptacle for water or an artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet designed or intended for the purpose of bathing or swimming and including all appurtenant equipment, and having more than 1/2 of its volume below the surface of the surrounding terrain.
TAILINGS
Material of inferior quality or value resulting from the removal, preparation or processing of minerals.
TAVERN
A commercial establishment where food and beverages are prepared and served on site and where beverage sales constitute more than 50% of the gross sales receipts of food and beverages.
[Added 4-18-2022 by L.L. No. 6-2022]
TIRES
Tires from cars, trucks or other motor vehicles and their casings, but shall not include rims.
TRANSFER STATION
A solid waste management facility, other than a recyclable handling and recovery facility, used oil facility, or a construction and demolition debris processing facility, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for further processing, treating, transfer or disposal. Transfer of solid waste from vehicle to vehicle for the purpose of consolidating loads, as part of the initial collection process, is not considered a transfer station, provided the transfer activity occurs along the collection route where the point of transfer changes from day to day. Transfer of leakproof, closed modular containers of solid waste from vehicle to vehicle, including truck to train, for the purpose of consolidating loads for shipment to an authorized disposal or treatment facility, is not considered a transfer station, provided the contents of each container remain in their closed container during the transfer between vehicles; storage remains incidental to transport at the location where the containers are consolidated; containers are maintained in a safe, nuisance-free (e.g., dust, odor, noise, etc.) manner; and the transfer location is under the ownership or control of the transporter.
TRANSIENT
Occupied for no more than 29 consecutive days or 29 days in any calendar year.
[Added 4-18-2022 by L.L. No. 6-2022]
TRUCK TERMINAL
A facility where goods owned by others are being transported or transferred by truck and where trucks, owned by the terminal or affiliate, are leased, repaired, serviced, maintained and/or temporarily stored.
UNDERSTORY PLANTINGS
The vegetative layer and especially the trees and shrubs between the forest canopy and the ground cover.
[Added 11-3-2022 by L.L. No. 13-2022]
USED CAR SALES
The sale of used vehicles, whether or not in conjunction with the sale of new vehicles, but excluding the sale of salvaged vehicles, vehicles with a salvage title and/or vehicles for which title has been transferred to an insurance company in settlement of a claim for damage thereto or theft thereof. The foregoing exclusion shall not apply to the sale of used cars when such sales are incidental and subordinate to an automobile repair shop.
VACATION COTTAGE
A structure designed as a single-family detached dwelling, but used as a single overnight accommodation guest unit.
[Added 4-18-2022 by L.L. No. 6-2022]
VARIANCE
A modification of the regulations of this chapter, granted pursuant to the provisions of §§ 235-15.1 through 235-15.3.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is not allowed or is otherwise prohibited by the applicable zoning regulations.
WALL
A structure of wood, stone, or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WAREHOUSE
A facility containing goods manufactured, used, transferred, stored, transported or sold by the owner or lessor of the warehouse. A warehouse may be attached to or accessory to an office, industrial building or use or a commercial use or may be a separate or principal use of a property subject to the requirements of this chapter. Warehouse facilities shall not provide truck maintenance service or repair facilities unless they are also part of a truck terminal or truck stop.
WAREHOUSE, INTENSIVE
A warehouse, whether the principal or accessory use on the site, having more than one truck parking space per 7,500 square feet of floor area or averaging more than 24 arrivals per day or 24 departures per day by commercial vehicles 25 feet in length or greater over any forty-five-day period.
[Added 4-18-2022 by L.L. No. 6-2022]
WAREHOUSE, NONINTENSIVE
A warehouse other than an intensive warehouse.
[Added 4-18-2022 by L.L. No. 6-2022]
WATER PRODUCTION SUPPLY AND REMOVAL
The taking of water for the purpose of removal from the production site in excess of 20,000 gallons per any day. Agricultural uses and irrigation uses are not deemed to be water production, supply and removal for the purposes of this chapter. Additionally, the taking of water by firefighting personnel under emergency or for training purposes or the taking of water by municipal water districts, likewise, will not be subject to the regulations herein set forth in this chapter.
WETLANDS
Land delineated by the New York State Department of Environmental Conservation (DEC) as New York State wetlands, but exclusive of the 100-foot regulated area and, also, lands meeting the United States Army Corps of Engineers (USACOE) criteria to be federal wetlands as regulated by the United States Army Corps of Engineers (USACOE), based on a federal wetland delineation deemed acceptable to the Planning Board.
[Amended 11-3-2022 by L.L. No. 13-2022]
WINERY
Any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials are compounded. Such use may include tastings or operate a food or drinking establishment on site.
[Added 4-18-2022 by L.L. No. 6-2022]
WOOD-CHIPPING FACILITY
A facility which produces wood chips or mulch from chipping and/or grinding of the raw material for the expressed purpose of producing wood by-products for use as landscaping material or for other uses. This definition does not include the production of compost caused by the organic decay of the wood materials processed at this facility, as such operations are defined as a "composting facility" under these regulations.
YARD WASTE
Grass clippings, leaves, cuttings and other debris from shrubs, hedges, tree branches less than three inches in diameter and four feet in length, and other vegetation. Garbage, recyclable material, construction and demolition debris, sod and soil shall not be construed to include yard waste.
YARD, FRONT
An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front line of the lot and extending from side lot line to side lot line.
[Amended 10-6-2022 by L.L. No. 10-2022]
YARD, REAR
A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot and extending from side lot line to side lot line.
[Amended 10-6-2022 by L.L. No. 10-2022]
YARD, REQUIRED
Open and unobstructed ground area of the plot, extending inward from a lot line for the distance specified in the requirements for the district in which the lot is located.
[Added 10-6-2022 by L.L. No. 10-2022]
YARD, SIDE
An open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line, where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.
[Amended 10-6-2022 by L.L. No. 10-2022]
ZONING DISTRICTS
Districts provided for elsewhere in the Zoning Law of the Town of Montgomery.
[1]
Editor's Note: See Article 25-AA of the Agriculture and Markets Law.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
The provisions of this chapter shall be deemed to be specific. Those matters for which there are no specific provisions in this chapter shall be deemed to be prohibited.
Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used except for a purpose specifically permitted by the provisions of the Table of Use Regulations[1] for the district in which such building or structure, lot or land is located on the Zoning Map.
A. 
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use. (See § 235-14.)
B. 
A special permit use authorized by the Planning Board shall be deemed a conforming use.
C. 
A use authorized by a variance from the use regulations of this chapter granted by the Zoning Board of Appeals shall be deemed a nonconforming use.
[1]
Editor's Note: Said Table of Use Regulations is included as an attachment to this chapter.
Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged, rebuilt, or moved except in conformity with the provisions of the Table of Dimensional Regulations[1] for the district in which such building or structure is located on the Zoning Map.
A. 
Any lawful existing building or structure that does not conform to such dimensional regulations of this chapter shall be deemed a nonconforming building or structure, irrespective of the use to which it is put. (See § 235-14.)
B. 
A building or structure or part thereof authorized as a variance from the dimensional regulations of this chapter, granted by the Zoning Board of Appeals, shall be deemed a nonconforming building or structure or part thereof.
[1]
Editor's Note: Said Table of Dimensional Regulations is included as an attachment to this chapter.
The following provisions are "grandfathered":
A. 
Existing approved residential lots or lots validly of record with frontage on public highways or contained on certain subdivision plats filed with the County Clerk for lands rezoned to the RA-.5 Zoning District in 1989 (Local Law No. 4 of 1989). All existing approved residential lots or lots validly of record in the Town of Montgomery as of July 10, 1989, which were rezoned to the RA-.5 Zoning District in 1989 but contained the requisite frontage on any existing state, county or Town highway as of July 10, 1989, or those lots which are included on a filed subdivision plat previously filed with the County Clerk pursuant to the interim grandfather provisions of Section III of Local Law No. 4 of 1989, may be developed and improved in accord with the zoning lot area and bulk requirements of the Town of Montgomery in effect immediately prior to the adoption of Local Law No. 4 of 1989. Notwithstanding the above, all Zoning Law amendments subsequent to Local Law No. 4 of 1989 shall apply to all such lots. Additionally, no such lot shall have been nor shall be further subdivided to create any new residential lots that do not meet the minimum requirements imposed by this chapter as existing now or as, from time to time, amended, unless the subdivision plan is an approved cluster plan in accord with the Zoning Law existing at the time of the filing of the clustered subdivision plan with the Orange County Clerk.
B. 
Local Law No. 2 of 2002, as amended by Local Law No. 2 of 2003.
(1) 
Section III-C requires a full-acre, two-acre, half-acre, three-eighths-acre, five-eighths- acre or three-quarter-acre lot size, as the case may be, for the RA-.5, RA-1, RA-2 and RA-3 Districts (as they existed on January 1, 2022) as depicted in the Table of Dimensional Regulations for the Residence and Agricultural Districts;[1]
[Amended 10-6-2022 by L.L. No. 10-2022]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2) 
Approved lots which do not meet the minimum lot sizes set forth in Section III-C of Local Law No. 2 of 2002, but are depicted on a subdivision map filed with the Orange County Clerk as of the effective date of that local law;
(3) 
Existing lawfully created lots of record which do not meet the minimum lot sizes set forth in Section III-C of Local Law No. 2 of 2002, but were created prior to the requirement that any such lots be approved by the Town of Montgomery Planning Board.
C. 
Local Law No. 2 of 2010.
(1) 
Proposed site plans currently pending before the Planning Board based on a complete application that has received either a conditional approval or has had a negative declaration or findings statement adopted pursuant to the State Environmental Quality Review Act (SEQRA) as of March 31, 2010, shall not be required to comply with the provisions of this chapter, provided that the site plans are signed by the Chairman of the Planning Board and filed as required prior to March 31, 2012.
(2) 
Proposed subdivisions currently pending before the Planning Board based on a complete application that have received either a preliminary approval or have had either a negative declaration or findings statement adopted pursuant to the State Environmental Quality Review Act (SEQRA) as of March 31, 2010, shall not be required to comply with the provisions of this chapter, provided that the subdivision is signed by the Chairman of the Planning Board and filed as required prior to March 31, 2012.
D. 
A planned adult community with an approved and unexpired special use permit and an approved and unexpired site plan shall not be subject to Introductory Local Law 9 of 2021.
[Added 4-18-2022 by L.L. No. 6-2022]
[Added 2-28-2023 by L.L. No. 2-2023]
A. 
Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this Town at all times and all such locations, as limited herein, as are reasonably necessary to conduct the business of agriculture. For any agricultural practice, in determining the reasonableness of the time, place, and method of such practice, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge, research and improved technologies.
B. 
Agriculture as defined herein is a permitted use on any properties which lie within an agricultural district in any district of the Town and shall not be subject to site plan or special use approval except as identified hereafter.
C. 
Agricultural practices conducted on farmland as defined herein shall not be found to be a public or private nuisance if such agricultural practices are:
(1) 
Reasonable and necessary to the particular farm or farm operation;
(2) 
Conducted in a manner which is not negligent or reckless;
(3) 
Conducted in conformity with generally accepted and sound agricultural practices;
(4) 
Conducted in conformity with all local state, and federal laws and regulations;
(5) 
Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person;
(6) 
Conducted in a manner which does not reasonably obstruct the free passage or use of navigable waters or public roadways;
(7) 
An agritourism use conducted pursuant to the limitations contained herein in Subsections G and I, and any requirements imposed as part of site plan approval (where applicable).
D. 
Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death due to a failure to follow sound agricultural practice.
E. 
Notification of real estate buyers. In order to promote harmony between farmers and their neighbors, the Town requires land holders and/or their agents and assigns to comply with § 310 of Article 25-AA of the State Agriculture and Markets Law and provide notice to prospective purchasers and occupants as follows: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products and also for its natural and ecological value. This notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors." This notice shall be provided to prospective purchase of property within an agricultural district or on property with boundaries within 500 feet of a farm operation located in an agricultural district. A copy of this notice shall be included by the seller or seller's agent as an addendum to the purchase and sale contract at the time an offer to purchase is made.
F. 
The following agritourism uses shall be deemed to be permitted components of farm operations in any zoning district in the Town for properties which lie within an agricultural district where they meet the requirements of Subsections G and I hereafter.
(1) 
Farm retail outlets;
(2) 
Farm stands;
(3) 
Farm breweries, farm cideries, farm distilleries, farm meaderies, farm wineries;
(4) 
Farm-to-table restaurants;
(5) 
Farm vacations including no more than 10 demised units of overnight accommodations;
(6) 
Harvest events;
(7) 
Farm events for up to 300 people;
(8) 
Farm assembly venue with a maximum capacity of up to 300 people;
(9) 
Farm education.
G. 
The following restrictions shall apply to agritourism uses permitted pursuant to these provisions. These restrictions shall not be construed to apply to those portions of the farm operation not used for agritourism or in support of the agritourism (such as parking areas and outdoor assembly spaces), nor shall such areas of the farm operation be subjected to site plan review by the Town Board or Planning Board as described hereafter.
(1) 
The principal use of the lot shall be for a farm operation, and the farm operation and agritourism use shall be located on land meeting the definition of "farmland" and located within an agricultural district. The agritourism use shall be subordinate to the farm operation.
(2) 
All agritourism uses shall meet the requirements of the Building Codes of the State of New York. No structures shall be constructed, nor sites cleared, graded or improved in support of an agritourism use before issuance of a building permit by the Building Inspector.
(3) 
Agritourism uses involving less than 4,000 square feet of permanent enclosed interior floor area and/or parking areas for less than 75 vehicles shall be deemed minor and subject to expedited site plan approval by the Town Board in accordance with the provisions of Subsection I.
(4) 
Agritourism uses involving 4,000 square feet or more but less than 10,000 square feet of permanent enclosed interior floor area and/or parking areas for 75 or more vehicles but less than 150 vehicles shall be subject to expedited site plan review by the Planning Board in accordance with the provisions of Subsection I.
(5) 
Where any use proposes 10,000 square feet or more of permanent enclosed interior floor area or parking areas for 150 vehicles or more, such use shall be subject to full site plan review in accordance with the provisions of § 235-16.5.
(6) 
No more than one farm event per day is permitted.
(7) 
The minimum lot size for the farm operation and agritourism use is 10 acres.
(8) 
Any new structure shall meet the yard and height requirements of the zoning district in which the agritourism use is proposed to be located.
(9) 
No outdoor areas available for public access shall be located closer than 200 feet from a neighboring residence.
(10) 
The use shall be available for inspection annually and at any time upon reasonable advance notification by the Building Department to ensure continuing compliance with these provisions.
(11) 
All permits shall be secured from the New York State Department of Health (or other delegated authority) as required by law, including but not limited to any permits for public gatherings, public water supply, food service facilities, sanitary sewer, lodging, etc.
(12) 
With the exception of overnight accommodations and setup and cleanup of events, agritourism uses shall only be permitted to operate between the hours of 8:00 a.m. and 10:00 p.m., Monday through Thursday, 8:00 a.m. and 11:30 p.m. on Friday, 9:00 a.m. and 11:30 p.m. on Saturday and 10:00 a.m. and 10:00 p.m. on Sunday and any holiday on which the Town Clerk's office is closed. Regardless of whether or not site plan approval is required for agritourism uses, the Planning Board or Town Board may modify the terms of these restrictions for good cause shown.
(13) 
Agritourism uses shall be subject to the provisions of § 235-16 (Administration and Enforcement) except that the time to remedy a violation established by § 235-16.10B of 10 days shall be extended to 60 days, except where the Building Inspector determines an emergency situation exists. The time to remedy shall only be so extended for violations arising from noncompliance with the conditions outlined in § 235-4.5H or imposed as a requirement of site plan approval of the agritourism use. All other requirements shall be subject to the time frames outlined by § 235-16.10B.
(14) 
The Town Board may revoke the right to an agritourism use that it finds to be in continuous violation of its approval for 90 consecutive days, which revocation may be for a term of up to three years.
H. 
Accessory animal processing. The incidental processing of animals or animal parts is recognized to be a customary accessory use to farm operations and is authorized as a permitted accessory use to any farm operation located within an agricultural district subject to the following requirements:
(1) 
The operation does not meet the threshold for requiring a permit from the United States Department of Agriculture.
(2) 
No animal processing operations shall be located within 200 feet of a property line.
(3) 
No animals shall be processed within substantial public view.
(4) 
The animal processing is in accordance with all state and federal requirements.
(5) 
Where more than 4,000 square feet of interior floor area is proposed for use as accessory animal processing, it shall be subject to expedited site plan approval in conformance with the provisions of Subsection I.
I. 
Expedited site plan.
(1) 
A sketched general plan for the site shall be provided on a tax parcel map or other sufficient available base map showing the boundaries and dimensions of the parcel of land involved, and identifying contiguous properties and any known easements or rights-of-way and roadways. The sketch plan shall also include the approximate location of the following. (Note: Parcel maps showing lot lines and aerial photos of the site may be downloaded or printed from the Orange County GIS website at https://gis.orangecountygov.com.)
(a) 
Existing features of the site, including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site, shall be indicated on the sketch plan.
(b) 
The proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic.
(c) 
The proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas or manure storage/manure composting sites.
(d) 
Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings.
(2) 
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures, or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner.
(3) 
If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
(4) 
The Planning Board or Town Board shall review the submissions in order to determine that the following limited standards are met:
(a) 
Vehicular site ingress and egress are appropriate in number and location and provide adequate sight distance and such turning lanes as are necessary to provide safe vehicular access to the site.
(b) 
Adequate parking is provided so as to prevent parking on public roads. Any parking or loading standard of the Zoning Code may be waived where the reviewing board believes that adequate alternative facilities are provided to meet the practical needs of the proposed facility.
(c) 
Adequate emergency service access is provided to protect life and property.
(d) 
Adequate site lighting is provided to provide safe access by the public, but without resulting in excessive glare or impacts to the night sky.
(e) 
Buildings, entrances, walkways, utilities, outdoor assembly areas and other proposed site features are compliant with the Americans with Disabilities Act (ADA)[1] and laid out in a manner that does not endanger life or property or result in significant impacts to the environment or create unreasonable nuisances to neighboring residences.
[1]
Editor’s Note: See 42 U.S.C. § 12101 et seq.
(5) 
No cost for review by professionals shall be charged to the applicant except in unusual circumstances. Where the Planning Board or Town Board retains professionals to review the proposed agritourism use, the fees of such professionals shall be paid by the Town. Other standard Planning Board and Building Department fees may be charged to the applicant, and the Planning Board or Town Board may request review and opinion by the Building Inspector.
(6) 
No public hearing shall be required for an expedited site plan review. However, the reviewing board may conduct a public hearing at its discretion if it determines that circumstances warrant such hearing.
(7) 
The Planning Board or Town Board shall render its decision upon an expedited site plan review within 60 days of a determination by the Building Inspector that a complete application has been submitted or within 30 days of the closure of any public hearing, whichever is later. The reviewing board may impose any and all reasonable conditions upon a site plan approval which it determines to be in the public interest. Such conditions may include, but not be limited to, the issuance of a five-year approval conditioned upon the applicant submitting annual reports demonstrating that its agritourism use is subordinate to the farming operations on the property and that the agritourism revenue does not exceed a specific percentage of the farm's overall gross revenue in accordance with the requirements of the New York State Department of Agriculture and Markets. If the applicant cannot make the required showing, the reviewing board shall retain the authority to suspend or revoke the agritourism use approval.
J. 
State environmental quality review (SEQR). Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming are typically Type II actions pursuant to 6 NYCRR 617.5(c)(4). Farm operations including agritourism uses and accessory animal processing in accordance with this chapter are considered components of agriculture and may therefore qualify as Type II actions pursuant to SEQR when proposed as part of a farm operation. Notwithstanding the foregoing, the reviewing board is vested with the discretion to determine that a proposed agritourism use is either a Type I or unlisted action pursuant to the SEQR regulations which require environmental review prior to approval.
[Amended 4-18-2022 by L.L. No. 6-2022; 10-6-2022 by L.L. No. 10-2022]
For the purposes of this chapter, the Town of Montgomery is hereby divided into the following classes of districts:
A. 
Residence and agriculture districts.
RA-CE District (Residential Agricultural - Conservation Easement)
RA-5 District (Residential Agriculture - One-Family Residences)
RA-1 District (Residential Agriculture - One- and Two-Family Residences)
RM-1 District (Multifamily)
R - MHC District (Mobile Home Court)
MHP-AR District (Mobile Home Park - Age-Restricted Floating District)
RA-1/PAC District (Planned Adult Community)
B. 
Business and industrial districts.
B-1 District (Regional Commercial)
B-2 District (Community Commercial)
B-3 District (Tourist Commercial)
I-1 District (General Industry)
I-2 District (Airport Industry)
I-3 District (Tech Industry)
C. 
Environmental overlay subdistricts.
FP Floodplain District
A Airport District
(Note: The FP and A Districts are contained within and may overlap any other districts of this chapter.)
D. 
Overlay districts.
Crossroads Commercial Overlay Zone
Water Supply Overlay Zone
Gaming Facility Overlay (GO) Zoning District
E. 
Special districts.
Biomass Gasification-to-Energy District
Mining District
The boundaries of each of the districts listed in § 235-5.1 are hereby established as shown upon the duly adopted Zoning Map[1] which accompanies this chapter, and which, with all notations, references and other matters shown thereon, is hereby declared a part of this chapter.
A. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way lines, lot lines, boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
B. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, stream channel center lines, railroad right-of-way lines, lot lines, boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
[Amended 4-18-2022 by L.L. No. 6-2022]
C. 
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
D. 
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Zoning Board of Appeals as provided in § 235-15.3.
E. 
When a district boundary line divides a lot at the effective date of this chapter or any subsequent amendment thereto, the applicant may apply to the Zoning Board of Appeals for a variance or variances to extend a proposed use from one district into the adjacent district subject to all of the criteria for variances as set forth in this chapter and/or other applicable law. Nothing herein contained shall imply that such variance application should or must be granted.
F. 
The district boundary descriptions contained in the zoning ordinances adopted prior to 1971 and shown on the Zoning Map that formed a part thereof, both as amended, revised and reenacted from time to time, are hereby superseded in their entirety by the provisions of § 235-5 and by the Zoning Map which forms a part of this chapter.[2]
[2]
Editor's Note: The most recent Zoning Map is on file in the Town offices.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
Within any residential agriculture district or any residence district, a building, structure or lot shall only be used for one of the uses indicated in § 235-6.2, Table of Use Regulations, for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 235-6.3, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter.
[Amended 4-18-2022 by L.L. No. 6-2022]
See the Table of Use Regulations included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Dimensional Regulations for Residence and Agricultural Districts included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Within the borders of the FP Floodplain and A Airport Zones, all uses shall be permitted as indicated for the districts in which the uses are located as shown in §§ 235-6 and 235-7 except as follows: Whenever a request for a building permit is made for any use within the FP or A District, the application, at the discretion of the Building Inspector, shall include a site survey with accurate USCGS elevations of all construction, and the Building Inspector shall refuse to issue a building permit if he determines there will be a danger of flooding or danger to aircraft. See Town of Montgomery Local Law No. 1 of 1995, entitled "Flood Damage Prevention," or any amendments thereto, for additional requirements for development and/or disturbance within a floodplain.[1]
[1]
Editor's Note: See Ch. 116, Flood Damage Prevention.
A. 
Antique shops or craft shops in existing historic outbuildings are subject to the following conditions:
(1) 
The structure must be accessory to an existing, primary residential dwelling, and only one such structure may be utilized hereunder.
(2) 
Both structures must have been constructed prior to 1950 in order to be deemed historic.
(3) 
The overall lot size must be at least one acre with at least 150 feet of road frontage.
(4) 
A site plan application meeting all of the normal site plan requirements must be filed with and approved by the Planning Board.
(5) 
Not more than one nonresident employee shall be permitted at any one time.
(6) 
Adequate parking spaces shall be provided as follows: one per 500 square feet of floor and work area.
(7) 
No such structure may be converted to this use without compliance with the relevant sections of the New York State Fire Prevention and Building Code, if otherwise applicable.
(8) 
Not more than 2,500 square feet of the ground floor area of the structure shall be used for this accessory use.
(9) 
No outdoor display of any items shall be permitted.
(10) 
The first sentence of § 235-12.9A shall not apply to the conversions as hereinabove set forth.
B. 
Accessory dwelling use.
(1) 
Permitted in the RM-1, RA-1 and RA-.5 Zoning Districts. An existing single-family dwelling unit may be enlarged or converted or an existing detached structure may be converted to include one accessory dwelling use (AU) on a conforming lot in the RM-1, RA-1, and RA-.5 Zoning Districts provided all the conditions of this section have been met.
[Amended 10-6-2022 by L.L. No. 10-2022]
(a) 
Parking. Adequate off-street parking shall be provided as required under the applicable zoning law and/or subdivision regulations for the single-family dwelling plus an additional two spaces for the AU. These additional two parking spaces shall not be placed in any required yard without adequate screening for any adjoining residences, by use of fencing and/or evergreen plantings, as determined adequate in the discretion of the Building Inspector.
(b) 
Minimum lot size. No accessory dwelling use (AU) shall be permitted unless the underlying lot meets the minimum area and dimensional requirements for that particular zoning district; likewise, accessory dwelling units shall not be allowed on clustered lots. In no event shall an AU be considered as an "as-of-right" unit for any future cluster subdivision proposal.
(c) 
Sanitary disposal system. A test shall be performed by an independent individual or entity, qualified to conduct such tests and submitted to the Building Inspector, to certify both the adequacy of design and the effective operation of the system for the total number of bedrooms existing and proposed or, if a detached unit, for that unit. In the event that such a test determines that an existing sanitary system has to be redesigned and/or reconstructed in order to accommodate the AU or that a second system must be constructed, the sanitary permit to redesign/reconstruct the sanitary system or construct the new system shall be obtained from the office of the Town Engineer prior to the issuance of the building permit. The Engineer for the Town shall require a design prepared and certified by a licensed professional engineer. Appropriate conditions may be imposed by the Engineer for the Town to guarantee that the construction of the repair, replacement, expansion or new installation of sanitary systems occurs in accord with the approved plans and that there are provisions to ensure that the property owner shall be responsible for the ongoing maintenance of such system or systems.
(d) 
Well. A water quality test shall be performed by an independent individual or entity, qualified to conduct such tests and submitted to the Building Inspector to determine that the water supply is safe for domestic use. The well test shall include an analysis for coliform and residual chlorine. Should coliform be present, a test for fecal coliform shall be required. In the event that such test determines that the water supply is not safe for domestic use, any procedures necessary to make the supply safe shall be completed and a new, independent test provided prior to the issuance of the building permit.
(e) 
Location of accessory dwelling unit. An AU may be constructed by conversion of a portion of the existing living space in a single-family dwelling or by construction of an addition to the single-family dwelling or by conversion of an existing, accessory structure or building located on a tax lot where a primary, single-family use exists. In no event shall there be more than one AU on any given tax lot and no AU shall be allowed in the absence of a separate, primary, single-family use. If an AU is to be permitted in a detached structure existing as of the effective date of this chapter (September 2005), such structure must be located not more than 500 feet from the closest exterior wall of the primary structure and such detached structure must otherwise comply with all setback requirements for accessory structures as elsewhere set forth in the Zoning Law of the Town of Montgomery. If an AU is to be permitted in a detached structure erected after September 2005, such structure must be located not more than 200 feet from the closest exterior wall of the primary structure and must also meet all other applicable setback requirements.
(f) 
Unit size, bedroom(s). The AU shall be limited to no more than one bedroom. An efficiency unit with a clearly defined sleeping area but not a fully enclosed bedroom, also, shall be considered as an AU in lieu of providing an enclosed bedroom. The minimum size of an AU shall be 400 square feet of heated living space or such greater area as may be required by applicable federal, state and local laws, codes, rules and regulations. The maximum size of any AU shall be the lesser of 750 square feet of heated living space or 33.33% of the heated living space of the primary residence.
(g) 
Kitchen. The AU shall have a suitably sized kitchen area, in relation to the overall size of the AU, which shall consist of at least a sink, cooktop, microwave and refrigerator, appropriately sized as in a comparable residential apartment unit.
(h) 
Bathroom. The AU shall have a full enclosed bathroom consisting of at least a toilet, sink and shower, approximately sized as in a comparable residential apartment unit.
(i) 
Exterior access. Separate direct access to the exterior shall be provided from the AU. Access between the primary unit and the AU is permissible, provided any doors providing such access must be lockable from both sides.
(j) 
Ownership. An AU only shall be allowed in an owner-occupied single-family dwelling or in a detached structure on the same lot where the owner occupies one of the units as his or her primary residence. The owner/occupant must hold record title to at least 50% of the property on which the dwellings are located. No nonindividuals, such as partnerships, corporations, trusts, limited-liability companies or other entities, shall be eligible to receive an AU permit. The owner/occupant must occupy either the (larger) primary space or the AU. In the event the primary living space or the AU is no longer occupied by an individual owner/occupant, the AU shall expire and the use shall be removed six months after such cessation of occupancy, unless for good cause an extension of said time is granted, in writing, by the Building Department. Provided all relevant provisions of the AU building permit and certificate of occupancy are being complied with, the AU shall be deemed to run with the land and the rights thereunder shall pass to any successor in title who resides at the premises as his or her primary residence.
(2) 
Application procedure. Any applicant for an AU must submit a building permit application to the Building Inspector with a checklist attachment establishing compliance with all of the requirements for an AU. The applicant must be the owner-applicant who occupies the premises as his or her primary residence. No AU shall be occupied in the absence of a certificate of occupancy from the Building Inspector.
(3) 
Application and inspection fees shall include the standard building permit fee and any other reasonable fee as set forth, from time to time, on the Town of Montgomery Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
(4) 
Inspections; verification. At the time of permit issuance and at any reasonable time thereafter, the Building Department may require various forms of proof that either the primary unit or the AU is occupied by the owner of the property as his or her principal residence. Such forms of proof include, but are not limited to, an affidavit by the owner, copies of utility bills, tax bills and proof that the owner does not have his or her mail forwarded to a different address.
(5) 
New residential subdivisions. In support of the affordable housing policies of the Town, the Planning Board is encouraged to make applicants for residential subdivisions aware of AU options and requirements to help ensure adequacy of parking, well and septic and other site requirements to facilitate the later conversion of existing structures to accessory dwelling units after subdivision approval.
(6) 
Planning Board review of accessory dwelling units. Upon receipt of a complete application for a building permit for an accessory dwelling unit meeting all of the requirements of this chapter, the Building Department shall refer the application to the Town of Montgomery Planning Board, and the applicant shall provide the Planning Board with envelopes containing postage and the addresses of all owners of property contiguous with the subject property as per the latest completed assessment roll of the Town. The Planning Board shall convene an informal, informational meeting and shall in good faith attempt to provide written notice of such meeting to the applicant and to all contiguous landowners at least seven days prior to such meeting. Upon the conclusion of such meeting or within a reasonable time thereafter, the Planning Board shall issue a written report to the Building Inspector with the comments and recommendations of the Planning Board. The Planning Board shall issue its written report to the Building Department not more than 45 days from the date of its receipt of the completed application from the Building Department. The Building Inspector shall include all such recommendations as conditions of the building permit for an AU unless the Building Inspector certifies, in writing, to the Planning Board at least five business days prior to the issuance of the permit the reasons for not incorporating in the building permit any such recommendations. Failure of the Planning Board to issue such a report within such forty-five-day period shall allow the Building Department to rule on the permit application without regard to the recommendations of the Planning Board.
(7) 
New York State Uniform Fire Prevention and Building Code and Housing and Urban Development (HUD) regulations control. Nothing in this Subsection B is intended to supersede any of the provisions of the New York State Uniform Fire Prevention and Building Code or HUD regulations, as amended. If any of the provisions of this section are found to be in conflict with the New York State Uniform Fire Prevention and Building Code or the HUD regulations, such New York State Uniform Fire Prevention and Building Code or HUD regulations, as amended, shall control in all cases. In no case shall habitable living space be approved or occupied under this section without compliance with all applicable federal, state and local laws, codes, rules and regulations.
[Added 3-16-2022 by L.L. No. 5-2022]
A. 
Statement of intent and objectives.
(1) 
It is the intent of this Affordable, Supportive and Veterans Supportive (ASVS) Floating Zone to provide a more flexible zoning framework to incentivize the construction of inclusionary housing for populations that cannot afford area market-rate housing or that require supportive services or specialized facilities without which they would not be able to maintain an independent lifestyle with health, security and dignity. In the place of prescribed standards for uses, lot sizes, yards and setbacks, this district favors a more process-based approach, wherein an applicant will develop a master development plan designed to meet several identified planning purposes and criteria, as a basis for more flexible use, bulk and design standards. The ASVS District is a floating zone that may be affixed to parcels by the Town Board as provided below.
(2) 
This district is intended to partially implement recommendation 2.1.8 of the Montgomery Comprehensive Plan entitled "Vision 20/20" that recommends as follows:
Senior, Workforce, Special Needs and Veteran Housing Floating Zone. The Town should consider amending the zoning code to allow a senior, workforce (an income classification often keyed to entry-level public service employment wages), special needs and veterans housing floating zone district to provide flexibility and encourage additional housing options for these populations. This floating zone would require certain conditions that must be met before the district can be approved or "landed" on a certain piece of land. The intent of this floating zone is to provide special opportunities, as well as a flexible and workable concept of community living, including but not limited to a range of optional nutritional, recreational, housekeeping and health related services, as well as assistance with daily living activities designed to maintain a level of independent living. Generally, this type of housing should be within walking distance to retail and service commercial areas - preferably Villages, and infrastructure to support wastewater disposal and potable drinking water must be present or proposed.
B. 
Application contents.
(1) 
Petition for the ASVS overlay to be applied to a parcel or parcels shall be made to the Town Board along with a master development plan illustrating the general layout.
(2) 
Master development plan (MDP) required. In order to allow the Town Board and the petitioner to reach an understanding on the basic use mix, density and layout, prior to designation of the ASVS, a master development plan shall be submitted that meets the following criteria:
(a) 
The MDP shall be prepared by an architect, engineer or land surveyor licensed in the State of New York.
(b) 
The MDP shall be drawn to an engineering scale and contain the date of last revision, north arrow and graphic scale.
(c) 
The MDP shall contain the stamp or seal and be signed by the professional preparing the map.
(d) 
The interior road system of all existing and proposed rights-of-way and easements shall be provided and indicated as to whether public or private ownership is proposed.
(e) 
Use areas shall be designated with conceptual footprints indicating the number of dwelling units and bedrooms by each housing type and indicating the floor area of nonresidential, general community facilities and accessory structures.
(f) 
If open spaces or conservation easements are proposed, such shall be outlined on the MDP and a narrative provided indicating how open spaces are to be preserved in perpetuity, owned and maintained.
(g) 
Proposed bulk requirements applicable to designated use areas of the site, including building heights, building setbacks from proposed site roadways or external existing Town roadways, coverage restrictions, FAR restrictions, separation between buildings, and any other bulk constraints necessary to ensure site plans for component use areas are consistent with the plan portrayed in the MDP.
(h) 
Conceptual elevations of proposed buildings in each use area, and identification of general architectural or site design features.
(i) 
The proposed water, storm and sanitary sewer systems shall be shown, and how they are proposed to be connected to the system of adjoining areas shall be indicated.
(j) 
Environmental characteristics of the project site shall be shown, including topography, areas of slope in excess of 25%, flood zones, rock outcrops, water bodies, jurisdictional wetlands and all proposed alterations of said environmental characteristics.
(k) 
Estimates of peak-hour traffic generation derived from the proposed development and its relation to surrounding development and its relation to surrounding roads and intersections, including design elements to mitigate traffic impacts, shall be provided in an accompanying narrative.
(l) 
If the development is to be phased, a clear indication of the phasing process shall be provided. The MDP shall show each phase of development with the dates of anticipated commencement and completion of the same.
(m) 
Narrative of how the proposal would be consistent with the official planning objectives of the Town as well as the criteria listed in Subsection C.
(3) 
State environmental quality review. The authorization of ASVS zoning to any parcel shall be subject to SEQR pursuant to 6 NYCRR 617.
C. 
Criteria for authorization of ASVS Floating Zone. Authorization of the ASVS Floating Zone is subject to the same discretion as any Zoning Map amendment. Compliance with indicated criteria in no way compels the Town Board to designate the site for ASVS Floating Zone. The Town Board shall consider the following criteria among other relevant considerations in determining whether or not to authorize the "landing" or designation of the ASVS Floating Zone to a particular parcel or group of parcels in connection with a proposed petition and MDP.
(1) 
The proposal is conceptually sound in that it meets a demonstrated community or market need and it conforms to sustainable design principles in the layout of the proposed roadway system, in the land use configuration, open space and drainage system and in the scale of the elements, both absolute and as they relate to one another.
(2) 
The proposed project area is appropriately located and generally within reasonable walking distance to a commercial center of the Town providing a range of retail and personal services to future residents of the proposed development.
(3) 
The site must be served by a central water and sewer system approved by the Town Board.
(4) 
Permitted residential density. The maximum residential density of dwelling units within the proposed MDP shall be equal to the gross lot area (without reduction of environmentally constrained lands) multiplied by 24 units per acre.
(5) 
Proposed units must be funded and/or income-restricted under the supervision of a department of New York State, Orange County, or the Town of Montgomery for the purposes of providing dwellings with or without supportive services to households whose householder meets qualifying criteria on a continuing basis by way of age, veteran status, or disability.
(6) 
An average of no more than 1.75 bedrooms per unit are provided across the entire MDP, no more than 20% of units have three bedrooms and no unit has more than three bedrooms as a means of limiting impacts on school resources and providing a diversity of housing, not currently served by the Town's existing housing supply. This standard may be exceeded where occupancy by persons under the age of 18 is restricted.
(7) 
There are adequate public facilities, services, utilities and road access available to support the development or adequate facilities are proposed to be made available.
(8) 
Permitted principal uses. The following uses may be authorized as parts of an MDP for development of an ASVS District:
(a) 
One-family detached dwelling units on individual lots of not more than 10,000 square feet.
(b) 
One-family attached dwelling units.
(c) 
One-family semi-attached dwelling units.
(d) 
Multiple dwellings (apartments, flats).
(e) 
Assisted living facilities.
(f) 
Nursing homes.
(g) 
Open space preserves and parkland.
(h) 
Sit-down restaurants, personal service establishments, health care clinics, pharmacies and/or retail uses intended primarily to service the principal use(s) of the ASVS and restricted to no more than 25% of the gross floor area.
(i) 
Agricultural use including use of areas designated as open space.
(9) 
Permitted accessory uses. The following uses may be authorized accessory to a principal permitted use proposed as part of an MDP for development of an ASVS District:
(a) 
Accessory uses as permitted elsewhere in this chapter for principal uses allowed in the ASVS, except that accessory apartments shall not be permitted for any unit within an ASVS. All apartments are expected to be counted as part of the density calculation of the ASVS.
(b) 
Other accessory uses related to the planned development and subordinate to the principal use, including storage and maintenance buildings, management offices, clubhouses, recreational uses and facilities, project rental/sales centers, security facilities, and utility structures serving the proposed development.
(c) 
Common dining, laundry, personal service and housekeeping facilities, principally for the use of residents and which services are included as part of the monthly rent or HOA fee.
(10) 
Design standards. The following design standards are suggested minimum and maximum standards, which may be modified by the Town Board based on the particular project site conditions, proposed project attributes, and surrounding uses. Additionally, the Town Board may impose any additional yard, setback, height, coverage, FAR, parking, lot area, or other dimensional or area requirement as it deems necessary to ensure the health, safety and general welfare of the community and neighborhood and in order to serve the intent and purposes of this section.
(a) 
Maximum coverage of all impervious surfaces: 80%.
(b) 
Minimum distance between principal buildings: not less than the average height of each building.
(c) 
Minimum setback between principal building and existing public street: 25 feet.
(d) 
Minimum yards: 20 feet from all lot lines.
(e) 
Maximum height: 40 feet.
(f) 
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in § 235-12, except that where permanent occupancy is restricted to persons over the age of 18, the parking requirement shall be one space per studio, efficiency or one-bedroom dwelling unit, 1.5 spaces per two-bedroom dwelling unit, and two spaces per dwelling unit with three or more bedrooms.
(g) 
The right-of-way and pavement widths for internal roads and driveways shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or emergency vehicles.
D. 
Town Board procedure.
(1) 
Referral to Planning Board. After the Town Board has determined that the application is for a viable project that it wishes to consider for ASVS Floating Zone, it shall refer the application to the Planning Board. Such referral shall include the proposed petition and master development plan. In the case of such referral, the Planning Board shall submit its report on the proposed petition to the Town Board within 45 days of receipt of a referred petition. The Planning Board shall review the petition and master development plan against the criteria in Subsection C in recommending whether to authorize the ASVS Floating Zone. The Planning Board shall also review the layout of the master development plan as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the MDP should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the MDP could be improved in order to incorporate best practices of sustainable land development.
(2) 
Referral to Orange County Planning. The Town Board shall refer the petition to the Orange County Planning Department for comment pursuant to the applicable provisions of General Municipal Law § 239 and receive their report prior to making a decision to land the ASVS Floating Zone District.
(3) 
Public hearing required. Prior to designating or landing the ASVS Floating Zone District, the Town Board shall hold a public hearing for the purposes of soliciting public comment. This public hearing shall be held concurrently with any public hearing required under 6 NYCRR 617. The public hearing shall be advertised and notice in accordance with the Town Board's policies and procedures.
(4) 
Decision. The Town Board shall disapprove, approve or approve subject to conditions the petition in accordance with the provisions of NY Town Law § 265, § 235-16.11 (Amendments) of this chapter, in the form of a local law. When deciding whether to disapprove, approve, or approve with conditions a petition for ASVS, the Town Board will consider:
(a) 
The consistency of the proposed petition and MDP with the intent of the ASVS Floating Zone.
(b) 
The consistency with the goals and objectives of the Comprehensive Plan as listed in Subsection A.
(c) 
The consistency with the criteria listed in Subsection C.
(d) 
The report of the Planning Board, including any recommended modifications.
(e) 
The report and recommendation of the Orange County Planning Department.
(f) 
The input of any interested or involved agencies as defined by 6 NYCRR 617.
(g) 
The suitability of the MDP to meet the purposes of this chapter as well as its incorporation of best practices for sustainable land development.
(5) 
The Town Board, in its discretion, may impose reasonable conditions to an approved ASVS designation as necessary to assure conformance of the project with the intent, objectives and requirements of these regulations.
(6) 
The approved ASVS shall be designated on the Official Zoning Map of the Town of Montgomery, New York, and reference to the local law authorizing the designation shall be included on the map.
(7) 
Standard conditions regarding ASVS authorization. Unless otherwise overridden by the Town Board, authorization for ASVS shall be conditioned upon the following:
(a) 
Securing of site plan approval in accordance with § 235-16.5 of the Zoning Code of the Town of Montgomery prior to issuance of a building permit in connection with the construction of any element of an approved MDP.
(b) 
If a valid and complete application for site plan approval is not presented to the Planning Board for approval within 12 months of the date of ASVS authorization or if no development is initiated on the site within 24 months of the date of approval of a site plan by the Planning Board, the zoning of said parcel shall revert back to the zoning of said parcel prior to its change to an ASVS District. The Town Board may, upon application, extend either term for up to four six-month periods where it finds that the development was delayed for cause reasonably beyond the control of the applicant.
(8) 
Upon designation, the MDP and attendant narratives, design requirements, indicated bulk standards and other conditions of approval shall override any competing provisions of the Zoning Local Law.
E. 
Site plan approval required. Site plan approval by the Planning Board shall be required prior to issuance of a building permit for construction of a structure or use authorized as part of the MDP. The Planning Board will utilize the MDP and any bulk standards or other conditions imposed by the Town Board as the authorized uses and bulk requirements relative to site plan approval. All other provisions of the Zoning Local Law, including § 235-16.5, shall apply except to the extent that they are not consistent with the approved MDP and resolution of ASVS approval.
Within any business or industrial zoning district, a building, structure or lot shall only be used for the uses indicated in § 235-7.2, Table of Use Regulations, for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 235-7.3, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter. Additional primary and accessory uses shall be allowed on the same lot provided that all other zoning use and special area requirements for each use, except side yards, have been met and provided, further, that the applicant shall obtain a special permit use permit (SPU) and site plan approval, regardless of whether the individual uses would otherwise be permitted uses not ordinarily requiring a SPU permit, if more than one use is proposed on a lot. Where multiple primary and accessory uses are to occur on one lot as above, the Planning Board must find that the uses are not incompatible with each other.
[Amended 4-18-2022 by L.L. No. 6-2022]
See the Table of Use Regulations included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Dimensional Regulations for Business and Industrial Districts included at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
See the Table of Bulk Requirements for Composting, Recycling, Handling, and Recovery Facilities included at the end of this chapter and incorporated herein by reference.[1] The bulk requirements applicable to composting, recycling, handling and recovery facilities shall apply to biomass gasification-to-energy facilities, except as provided therein.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
Within the borders of the FP Floodplain and A Airport Zones, all uses shall be permitted as indicated for the districts in which the uses are located as shown in §§ 235-6 and 235-7, except as follows: Whenever a request for a building permit is made for any use within the FP or A District, the application, at the discretion of the Building Inspector, shall include a site survey with accurate USCGS elevations of all construction and the Building Inspector shall refuse to issue a building permit if he determines there will be a danger of flooding or danger to aircraft. See Chapter 116, Flood Damage Prevention, of the Code of the Town of Montgomery, or any amendments thereto, for additional requirements for development and/or disturbance within a floodplain.
[1]
Editor's Note: Former § 235-7.6, Special regulations applicable to OP District, was repealed 10-6-2022 by L.L. No. 10-2022.
[1]
Editor's Note: Former § 235-7.7, Special permit uses authorized by Town Board, was repealed 4-18-2022 by L.L. No. 6-2022.
Private commercial roads maintained by a development corporation or private owners based on a filed maintenance agreement and easement of use and an agreed-upon road standard for commercial and industrial projects may be authorized by the Town Board, in its sole discretion. The advisory recommendation by the Planning Board and/or Highway Superintendent shall be considered for commercial or industrial roads within commercial and industrial projects. Private roads are allowed provided they are located within fifty-foot-wide or greater rights-of-way and further provided that they are constructed to Town Road specifications in terms of cross sections. Road widths, curbing, sidewalks and drainage shall be determined by the Town Engineer and Planning Board. All lots requiring access to a public road shall be allowed with access to a private road authorized by the Town Board under this section.
Any lot or parcel approved for the development of a commercial or industrial site plan where the overall parcel is under legal unified access and maintenance agreements may be resubdivided for the purposes of separate ownership and/or financing with zero side and rear yards and lot lines, provided a building has been approved or constructed on said site and provided the new lot meets minimum lot area requirements for the use. Frontage and access may be to a private interior road for such lots as approved by the Town Board under § 235-7.8. Said subdivision may be approved if the Planning Board is satisfied that the appropriate legal conditions and restrictions have been or can be established for said property. The approval of such subdivision shall be within the sole discretion of the Planning Board and shall not be considered an "as-of-right" subdivision.
A. 
Permitted uses. No person shall do, conduct, perform, or engage in any mining, or operate a mine, within the Town on or after the effective date of the addition of § 235-7.10 to this chapter except within a Mining District as hereinafter defined and except in compliance with the provisions of § 235-7.10 of this chapter. Mining shall be permitted in a Mining District within the Town as hereinafter provided in this section. However, this restriction shall not apply to mining operations that are conducted in support of a viable and valid farm operation. Any such minerals extracted in support of a viable and valid farm operation must be used on the farm parcel in aid of the agricultural activity unless it can be shown that such on-site use creates a hardship for the farm operation.
B. 
Designation of Mining Districts. Mining shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection C of this section. It is the intention of this section to allow the creation of a Mining District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed Mining District is located, along with other factors specified in Subsection D of this section, in determining whether to create a Mining District.
C. 
Procedure for designation of Mining Districts.
(1) 
Districts coincident with existing mined zoning plans. The Town of Montgomery Building Department (hereinafter referred to as "Building Department") shall, within 30 days following the effective date of this section, identify those areas of land currently being mined or currently approved to be mined pursuant to a site plan approval granted by the Town Planning Board, the DEC, or both. The Building Department shall report its findings, in writing, to the Town Board. The Town Board shall after review and consideration of the information presented in the Building Department report, and after public notice and hearing, determine if the Town of Montgomery Zoning Map shall be amended to identify such Mining Districts. Once designated in the Zoning Map, such areas of land shall constitute Mining Districts for the purposes of this section.
(2) 
Creation of new districts. All new Mining Districts shall be created by the Town Board in accordance with the following procedure:
(a) 
Except as provided for in Subsection C(1), any person wishing to petition the Town for the creation of a Mining District shall submit to the Town Clerk an original and 11 copies of the application submitted by such person to the DEC for a mining permit for the mine in the proposed Mining District, or a signed application on a form prescribed by the Town Board which shall contain at least the following information and documents:
[1] 
The name, address and telephone number of the applicant, together with the name of the person to contact for further information, if the applicant is not an individual.
[2] 
A map, prepared by a licensed engineer or surveyor, showing the boundaries of the proposed Mining District, as well as a key map showing its approximate location in the Town of Montgomery. The scale of the map shall be no less than one inch equals 100 feet, unless the Town Board, by resolution, allows a smaller scale.
[3] 
A description of the proposed mining operation, including the type of material to be mined, equipment to be used, approximate tonnage for each year of the next five-year period, and the anticipated useful life of the mine. For the purposes of the preceding two subsections, a mining plan prepared pursuant to Title 27, Article 23, of the New York State Environmental Conservation Law and regulations promulgated thereunder shall be sufficient, provided that the Town Board is satisfied that all relevant requirements thereof have been met; provided, further, that the applicant shall meet all applicable requirements of this section in submitting said mining plan.
[4] 
A reclamation plan, including both a graphic and a narrative description of the proposed zoning objective to be achieved in the final stage of reclamation, the proposed method of reclaiming the affected land, providing, where possible, for orderly, continuing reclamation concurrent with mining and a schedule for reclaiming the affected land. The reclamation plan shall contain at least the information required by Title 27, Article 23, of the New York Environmental Conservation Law and any regulations promulgated thereunder, and such plan shall be sufficient, provided that the Town Board is satisfied that all relevant requirements thereof have been met; provided, further, that the applicant shall meet all applicable requirements of this section in submitting said reclamation plan.
[5] 
A full environmental assessment form, prepared by a licensed professional engineer or other licensed professional, to assist the Town Board in its determination of environmental significance of the proposed creation of the Mining District under the New York State Environmental Quality Review Act.
[6] 
A fee in the amount to be determined by the Town Board which will reimburse the Town for the expenses paid by the Town to the Town Engineer and other designated Town consultants for reviewing the application.
(b) 
The Town Clerk shall forthwith file the original of the application and forward the copies as follows: two to the Town Supervisor, who shall in turn forward one copy to an engineer retained by the Town Board for review and recommendations; one to each remaining Town Board member; one to the Town Attorney or his designee; three to the Chairman of the Town Planning Board; and one to the Orange County Department of Planning and Economic Development, with a request for a report and recommendation when required by General Municipal Law § 239-m.
(c) 
The Town Board shall consider the application at its first regular meeting occurring at least 10 days following the filing of a complete application with the Town Clerk or at such other time and date as the Town Board shall determine. The Town Board shall discuss the application with the applicant and shall request any additional information it needs to consider the application. The Town Board may schedule a workshop to discuss the application with the applicant and the Town Planning Board. The Town Board shall also schedule a public hearing to be held at its next regular meeting after receipt of the recommendation (if any) from the Town Planning Board or at any other time and date it shall determine. Notice of the public hearing shall be published in the official newspaper of the Town and posted on the official bulletin board of the Town Clerk at least 10 days prior thereto. The Town Board shall also take whatever steps are necessary to comply with the New York State Environmental Quality Review Act, and the public hearing on the application may be combined with a public hearing on any draft environmental impact statement which the Town Board may require.
(d) 
At least seven days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the owners of record of all properties within 500 feet of the proposed boundaries of the district, or such other distance as the Town Board may deem advisable. Prior to the public hearing, the applicant shall submit to the Town Clerk an affidavit sworn and subscribed before a notary public containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served. The applicant shall simultaneously also submit the certified mail return receipts for all property owners served along with the affidavit.
(e) 
The cost of preparing, publishing and mailing the required notices shall be borne by the applicant. The Town Board shall cancel the public hearing if the applicant fails to submit all of the required information.
(f) 
The Town Board shall conduct the public hearing, affording all interested persons an opportunity to speak. At the conclusion of the public hearing, the Town Board shall direct the applicant to submit any additional information it determines is necessary to a determination of the application, if any. The Town Board shall formally act on said application no later than 62 days after the close of the public hearing.
(g) 
Prior to acting upon said application, the Town Board shall obtain a written recommendation from the Town Planning Board as to whether the Mining District shall be created. The Town Planning Board shall furnish such recommendation within 45 days after a request therefor from the Town Board. If the Planning Board fails to provide such recommendation within the forty-five-day period, then the Town Board shall be free to proceed with the application. Any recommendation offered by the Planning Board shall be advisory only and shall not be construed to be binding upon the Town Board.
(h) 
In the event of a determination by the Town Board creating a new Mining District, the Town Board shall cause the Town of Montgomery Zoning Map to be amended accordingly and shall forward copies of the petition to the Town Planning Board.
D. 
Standards for the creation of Mining Districts. In considering an application for the creation of a Mining District, the Town Board shall consider all relevant factors, including the following:
(1) 
The consistency of the proposed Mining District with the Town of Montgomery Comprehensive Plan and the Zoning Local Law.
(2) 
The character of the neighborhood in which the proposed Mining District would be located.
(3) 
The general zoning classification of the area in which the proposed Mining District would be located.
(4) 
The proximity of the proposed Mining District to other Mining Districts or mining operations.
(5) 
The proximity of the proposed Mining District to other parcels of land which, in the future, might be the subject of a petition for the creation of a Mining District.
(6) 
Impact of the mine operation on the immediate area and any haulageways.
(7) 
Any other factors the Town Board considers relevant.
E. 
Term, existence and termination of Mining District. Every Mining District once created shall remain in existence for a period of one year from the date of its creation and approval or during the period of a New York State Department of Environmental Conservation mining permit or renewal period of the mining permit or until the abandonment of mining activities therein (either upon the termination of the mining permit term without renewal or otherwise), whichever is later. Upon the permanent termination of mining operations therein, the owner of the premises or the person responsible for the mining operations conducted therein shall commence reclamation of the premises in accordance with the reclamation plan. If the responsible person has not commenced reclamation within 60 days following the permanent termination of mining activities or fails to complete reclamation in accordance with the reclamation plan, the Town may take whatever steps are necessary to accomplish or complete said reclamation, including resort to litigation and resort to the undertaking provided by the mining operator upon the granting of the mining permit. The mining operator shall advise the Town Planning Board, in writing, upon the commencement and completion of reclamation.
F. 
Issuance of Town Board mining special permits.
(1) 
The Town Board shall be authorized to issue Town Board mining special use permits. No person shall do, conduct, perform, or engage in mining, or operate a mine within the Town, except within a Mining District and except pursuant to a Town Board mining special use permit issued by the Town Board in accordance with the procedures set forth in this subsection; provided, however, that it shall be permissible to remove minerals from any parcel of land on a casual basis for noncommercial use without establishing a Mining District or obtaining a Town Board mining special use permit therefor, but in no event shall more than 1,000 tons or 750 cubic yards, whichever is less, of minerals be removed from any parcel of land during any twelve-month period. Any mine site for which the New York State Department of Environmental Conservation has issued a valid mining permit prior to the effective date of this section and for which the Town Planning Board has approved the site plan prior to the effective date of this section may continue to be operated (subject to the terms and conditions of said mining permit and site plan approval) without the issuance of a Town Board mining special use permit hereunder, as long as said mine site is not expanded or enlarged beyond the area, size or scope set forth in said mining permit and site plan approval; any expansion or enlargement of said mine site beyond the area, size or scope set forth in said mining permit and site plan approval shall require the operator thereof to apply for, and obtain, a Town Board mining special use permit pursuant to this section of the Zoning Local Law.
(2) 
Applicants for a Town Board mining special use permit shall submit to the Town Board 11 copies of the application submitted by such person to the DEC for a mining permit for the mine in the Mining District or a signed Town application therefor. If the Town application is submitted, such Town application shall contain the same information as that required for the creation of a Mining District under Subsection C(2) of this section. In the case of the initial creation of a Mining District, the permit application may be combined with the petition for the creation of the Mining District when submitted to the Town Board. The Town Board shall require the applicant to pay a fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer and designated Town consultants for reviewing the application; provided, however, that when an applicant applies for a Town Board mining special use permit concurrently with an application for the creation of a Mining District, the fee paid pursuant to the application shall be sufficient.
(3) 
The Town Board shall consider the application for a Town Board mining special use permit at its next regular meeting following 10 days after receipt of a complete application.
(4) 
When the applicant has submitted a complete application, the Town Board may grant and approve a Town Board mining special use permit for a mine which meets the following criteria:
(a) 
The applicable provisions prescribed for the Town Board mining special use permit have been met.
(b) 
The mining conforms with all applicable regulations governing the Mining District where it is to be located.
(c) 
The proposed use will be in harmony with the Town of Montgomery Zoning Local Law and will not adversely affect the neighborhood if the requirements imposed by the Town of Montgomery Zoning Local Law are met.
G. 
Conditions.
(1) 
In the case of a Town Board mining special use permit, conditions placed on such a Town Board mining special use permit by the Town Board shall be limited to the following:
(a) 
Ingress and egress to public thoroughfares controlled by the Town;
(b) 
Routing of mineral transport vehicles on roads controlled by the Town;
(c) 
Requirements and conditions as specified in the permit issued by the Department of Environmental Conservation under Article 23 of the Environmental Conservation Law concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are established pursuant to Subdivision 3 of § 23-2711 of the Environmental Conservation Law;
(d) 
Enforcement of reclamation requirements contained in mined land reclamation permits issued by the New York State Department of Environmental Conservation.
(2) 
Notwithstanding the foregoing, to the extent authorized by law, if the Town Board is the lead agency for purposes of the environmental review of the application for the Town Board mining special use permit, the Town Board may impose reasonable conditions and restrictions related to the potential negative environmental impact of the mining operation as are directly related to and incidental to the proposed Town Board mining special use permit. If the Town Board is not or has not been the lead agency for purposes of the environmental review of the application for the Town Board mining special use permit or DEC mining permit, the Town Board may request that the lead agency impose some or all of the above-described conditions and restrictions.
H. 
Term of the Town Board mining special use permit. The term of the Town Board mining special use permit shall be coincident with the term of any mining permit or renewal thereof issued to the applicant by the New York State Department of Environmental Conservation. Otherwise, the term shall be four years.
I. 
Bond. Each Town Board mining special use permit shall include a requirement that the applicant submit a bond (if DEC does not require one), which such surety and in such amounts as the Town Board shall prescribe, in favor of said Town Board, conditioned upon the satisfactory reclamation of the mining site upon the completion of mining operations thereon.
J. 
Renewals. The applicant shall, upon the expiration of each Town Board mining special use permit period, obtain a renewal for a like term by filing an application therefor with the Town Board on a form prescribed by the Town Board, or by filing a copy of the DEC renewal form for the subject mine (if there is such a DEC renewal form). In entertaining said renewal application, the Town Board shall consider, to the extent appropriate and applicable, the same factors considered by the Town Board for an initial application, together with the performance of the renewal applicant under previous permits. The Town Board shall require the applicant to pay a fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer and designated consultants for reviewing the renewal application.
K. 
Inspections and reports.
(1) 
The Town Board or the Town Building and Code Inspector, or any engineer engaged pursuant to this subsection, shall conduct such periodic inspections, on reasonable notice to the mine operator, as they shall deem necessary to ensure compliance with the terms of the Town Board mining special use permit and this section.
(2) 
The Town Board may use the Town Building and Code Inspector to inspect each mining operation to determine on a systematic basis its compliance with the Town Board mining special use permit and the provisions of this section and to report such determination to the Town Board. The Town Board may devise a schedule for the orderly and systematic inspection of each mining operation.
(3) 
At least 30 days prior to the anniversary of the granting of a Town Board mining special use permit, each mining operator shall submit 10 copies of a report, certified by the applicant, showing graphically and by narrative the extent of the operations carried on over the previous year, including any variance from the mining plan. If the Town Planning Board finds the report or the applicant's compliance with the Town Board mining special use permit to be defective or deficient in any way, it may consider its expenses of discovering or remedying any such defect in establishing the fee upon the next occurring renewal of the Town Board mining special use permit.
L. 
Violations.
(1) 
The Town Building and Code Inspector shall report, in writing, any violations of the Town Board mining special use permit, any violation of this section of the Zoning Local Law, or any apparent violations of applicable United States, New York State or local statutes, local laws, codes, rules or regulations to the Town Board and to the Town Attorney, who shall take whatever steps are available under the Zoning Local Law or any other law to remedy such violations.
(2) 
For a violation of a section of the Zoning Local Law or a violation of any provision, term or condition of a Town Board mining special use permit issued pursuant to this section hereof, the provisions of § 235-16 of this chapter shall be applicable. Nothing herein shall prevent the Town from pursuing and enforcing remedies and sanctions pursuant to this section of the Zoning Local Law.
This district shall be located as a floating zoning district applicable to parcels which satisfy certain criteria for designation as set forth below pursuant to the review and approval procedures provided for herein.
A. 
Designation of Mobile Home Park - Age Restricted District (MHP-AR). Age-restricted mobile home parks shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection B of this section. It is the intention of this section to allow the creation of a Mobile Home Park - Age Restricted District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed district is located, along with the other factors specified in Subsection C of this section, in determining whether to create a Mobile Home Park - Age Restricted Floating District.
B. 
Procedure for Designation of Mobile Home Park - Age Restricted Floating District. A Mobile Home Park - Age Restricted District shall be created by the Town Board in accordance with the following procedure:
(1) 
Any person wishing to petition the Town for the creation of a Mobile Home Park - Age Restricted Floating District shall submit to the Town Clerk an original and 11 copies of a signed application on a form prescribed by the Town Board which shall contain at least the following information and documents:
(a) 
The name, address and telephone number of the applicant, together with the name of the person to contact for further information, if the applicant is not an individual.
(b) 
A map, prepared by a licensed engineer or surveyor, showing the boundaries of the proposed Mobile Home Park - Age Restricted District, as well as a key map showing its approximate location in the Town of Montgomery. The scale of the map shall be no less than one inch equals 100 feet, unless the Town Board, by resolution, allows a smaller scale.
(c) 
A description of the proposed development plan for the mobile home park including but not limited to plans for development and operation of water and sewer services, a plan showing the location of the recreational amenities, designation of open space and conservation areas and a plan showing the layout of residential units and roadway system.
(d) 
A full environmental assessment form, prepared by a licensed professional engineer or other licensed professional, to assist the Town Board in its determination of environmental significance of the proposed creation of the Mobile Home Park - Age Restricted Floating District under the New York State Environmental Quality Review Act.
(e) 
A nonrefundable fee in the amount of $250 plus a deposit in an amount to be determined by the Town Board which will reimburse the Town for the expenses paid by the Town to the Town Engineer and other designated Town Board consultants for reviewing the application. Additional deposits may be required to complete the review process.
(2) 
The Town Clerk shall forthwith file the original of the application and forward the copies as follows: two to the Town Supervisor, who shall in turn forward one copy to an engineer retained by the Town Board for review and recommendations; one to each remaining Town Board member; one to the Town Attorney or his or her designee; three to the Chairman of the Town Planning Board; and one to the Orange County Department of Planning and Economic Development, with a request for a report and recommendation when required by General Municipal Law § 239-m.
(3) 
The Town Board shall consider the application at its first regular meeting occurring at least 10 days following the filing of a complete application with the Town Clerk or at such other time and date as the Town Board shall determine. The Town Board shall discuss the application with the applicant and shall request any additional information it needs to consider the application. The Town Board may schedule a workshop to discuss the application with the applicant and the Town Planning Board. The Town Board shall also schedule a public hearing to be held at its next regular meeting after receipt of the recommendation (if any) from the Town Planning Board or at any other time and date it shall determine. Notice of the public hearing shall be published in the official newspaper of the Town and posted on the official bulletin board of the Town Clerk at least 10 days prior thereto. The Town Board shall also take whatever steps are necessary to comply with the New York State Environmental Quality Review Act, and the public hearing on the application may be combined with a public hearing on any draft environmental impact statement which the Town Board may require.
(4) 
At least seven days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the owners of record of all properties within 300 feet of the proposed boundaries of the district, or such other distance as the Town Board may deem advisable. Prior to the public hearing, the applicant shall submit to the Town Clerk an affidavit sworn and subscribed before a notary public containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served. The applicant shall simultaneously also submit the certified mail return receipts for all property owners served along with the affidavit.
(5) 
The cost of preparing, publishing and mailing the required notices shall be borne by the applicant. The Town Board shall cancel the public hearing if the applicant fails to submit all of the required information.
(6) 
The Town Board shall conduct the public hearing, affording all interested persons an opportunity to speak. At the conclusion of the public hearing, the Town Board shall direct the applicant to submit any additional information it determines is necessary to a determination of the application, if any. The Town Board shall formally act on said application no later than 62 days after the close of the public hearing.
(7) 
Prior to acting upon said application, the Town Board may obtain a written recommendation from the Town Planning Board as to whether the district shall be created, and the Town Planning Board shall furnish such recommendation within 45 days after a request therefor from the Town Board.
C. 
Standards for the creation of a Mobile Home Park - Age Restricted District. In considering an application for the creation of a Mobile Home Park - Age Restricted District, the Town Board shall consider all relevant factors, including the following:
(1) 
The consistency of the proposed district with the Town of Montgomery Comprehensive Plan and the Zoning Local Law.
(2) 
The character of the neighborhood in which the proposed district would be located.
(3) 
The general zoning classification of the area in which the proposed district would be located.
(4) 
The proximity of the proposed district to other parcels currently developed as mobile home or manufactured home residential developments. It shall be a requirement that any Mobile Home Park - Age Restricted District will only be designated to a parcel greater than 10 acres in size and which parcel has a common boundary with a parcel currently developed as mobile home or manufactured home project.
(5) 
The proximity of the proposed district to other parcels of land which, in the future, might be the subject of a petition for the creation of a Mobile Home Park - Age Restricted District.
(6) 
Any other factors the Town Board considers relevant.
D. 
Effect of Mobile Home Park - Age Restricted District designation. The decision of the Town Board to approve the designation of a Mobile Home Park - Age Restricted District to a particular parcel is a legislative decision that amends the Zoning Map of the Town, it being the intention that no such designation shall entitle the owner to the issuance of a special permit use permit for such use unless granted by the Town Planning Board.
A. 
Permitted uses. No person shall construct or operate a biomass gasification facility within the Town on or after the effective date of the addition of § 235-7.12 of this chapter except within a Biomass Gasification-to-Energy District as herein defined and except in compliance with the provisions of § 235-7.12 of this chapter. Biomass gasification facilities shall be permitted in a Biomass Gasification-to-Energy District within the Town as hereinafter provided in this section.
B. 
Designation of Biomass Gasification-to-Energy Districts. Biomass gasification facilities shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection C of this section. It is the intention of this section to allow the creation of a Biomass Gasification-to-Energy District at any location deemed appropriate by the Town Board; provided however, that the Town Board shall not make such designation:
(1) 
Unless the receiving district is the I-1 Zoning District; and
[Amended 10-6-2022 by L.L. No. 10-2022]
(2) 
Until the Town Board considers the other factors specified in Subsection D of this section in determining whether to create a Biomass Gasification-to-Energy District.
C. 
Procedures for designation of Biomass Gasification-to-Energy Districts.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1), regarding districts coincident with existing recycling handling and recovery facilities and construction and demolition processing facilities, was repealed 10-6-2022 by L.L. No. 10-2022.
(2) 
All new Biomass Gasification-to-Energy Districts shall be created by the Town Board in accordance with the following procedure:
(a) 
An applicant seeking to petition the Town Board for the creation of a Biomass Gasification-to-Energy District shall submit to the Town Clerk an original and 12 copies of a signed application which shall contain at least the following information and documents:
[1] 
The name, address, and telephone number of the applicant, together with the name of the person to contact for further information, if the applicant is not an individual.
[2] 
A map, prepared by a licensed engineer or surveyor, showing the boundaries of the proposed Biomass Gasification-to-Energy District, as well as a key map showing its approximate location in the Town of Montgomery. The scale of the map shall be no less than one inch equals 100 feet, unless the Town Board, by resolution, allows a smaller scale.
[3] 
All information required by § 235-15.4C(37)(b) of this chapter, submission requirements for recycling handling and recovery facilities, including composting operations, recyclable handling and recovery facilities, including post-collection separation facilities, waste tire storage facilities, construction and demolition debris processing facilities, waste transfer stations, and wood-chipping facilities.
[4] 
A description of the proposed biomass gasification-to-energy process, including a description of the processing equipment that will be used to convert previously sorted and separated biomass into a synthesis gas for the purpose of generating electricity, including, but not limited to, gasification process equipment, electric-power-generating process equipment, biomass storage silos, and air-cooled condensers or cooling towers.
[5] 
A full environmental assessment form, prepared by a licensed professional engineer or other environmental professional, to assist the Town Board in its determination of environmental significance of the proposed creation of the Biomass Gasification-to-Energy District under New York State Environmental Quality Review Act.
[6] 
Where the applicant is not the owner of the subject parcel(s), proof of consent of the owner to the application.
[7] 
A fee in the amount to be determined by the Town Board which will reimburse the Town for the expense paid by the Town to the Town Engineer and other designated Town consultants for reviewing the application.
(b) 
The Town Clerk shall forthwith file the original of the application and forward the copies as follows: two to the Town Supervisor, who shall in turn forward one copy to an engineer retained by the Town Board for review and recommendations; one to each remaining Town Board member; one to the Town Attorney or his or her designee; three to the Chairman of the Town Planning Board; and one to the Orange County Department of Planning, with a request for a report and recommendation when required by General Municipal Law § 239-m.
(c) 
The Town Board shall consider the application at its first regular meeting occurring at least 10 days following the filing of a complete application with the Town Clerk or at such other time and date as the Town Board shall determine. The Town Board shall discuss the application with the applicant and shall request any additional information it needs to consider the application. The Town Board may schedule a workshop to discuss the application with the applicant and the Town Planning Board. The Town Board shall also schedule a public hearing to be held at its next regular meeting after receipt of the recommendation (if any) from the Town Planning Board or at any other time and date it shall determine. Notice of the public hearing shall be published in the official newspaper of the Town and posted on the official bulletin board of the Town Clerk at least 10 days prior thereto. The Town Board shall also take whatever steps are necessary to comply with the New York State Environmental Quality Review Act, and the public hearing on the application may be combined with a public hearing on any draft environmental impact statement which the Town Board may require.
(d) 
At least 10 days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the owners of record of all properties within 500 feet of the proposed boundaries of the district, or such other distance as the Town Board may deem advisable. Prior to the public hearing, the applicant shall submit to the Town Clerk an affidavit sworn and subscribed before a notary public containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served with subject notice of public hearing. The applicant shall simultaneously submit the certified mail return receipts for all property owners served along with the affidavit.
(e) 
The cost of preparing, publishing and mailing the required notice shall be borne by the applicant. The Town Board may cancel the public hearing if the applicant fails to submit all of the required information.
(f) 
The Town Board shall conduct the public hearing, affording all interested persons an opportunity to speak. At the conclusion of the public hearing, the Town Board shall direct the applicant to submit any additional information it determines is necessary to make a determination of the application, if any. The Town Board shall formally act on said application no later than 62 days after the close of the public hearing.
(g) 
Prior to acting upon said application, the Town Board shall obtain a written recommendation from the Town Planning Board as to whether the Biomass Gasification-to-Energy District should be created. The Town Planning Board shall furnish such recommendation within 45 days after a request therefor from the Town Board. If the Planning Board fails to provide such recommendation within the forty-five-day period, then the Town Board shall be free to proceed with the application. Any recommendation offered by the Planning Board shall be advisory only and shall not be considered to be binding upon the Town Board.
(h) 
In the event the Town Board creates a new Biomass Gasification-to-Energy District, the Town Board shall cause the Town of Montgomery Zoning Map to be amended accordingly and shall forward copies of its determination regarding the petition to the Town Planning Board.
D. 
Standards for the creation of Biomass Gasification-to-Energy Districts. In considering an application for the creation of a Biomass Gasification-to-Energy District, the Town Board shall consider all relevant factors, including the following:
(1) 
The consistency of the proposed Biomass Gasification-to-Energy District with the Town of Montgomery Comprehensive Plan and the Zoning Law.
(2) 
The character of the neighborhood in which the proposed Biomass Gasification-to-Energy District would be located.
(3) 
The general zoning classification of the area in which the proposed Biomass Gasification-to-Energy District would be located.
(4) 
The proximity of the proposed Biomass Gasification District to other Biomass Gasification-to-Energy Districts or biomass gasification-to-energy operations or other solid waste management facilities allowed under § 235-15.4C(37).
(5) 
Impact of the biomass gasification-to-energy operation on the immediate area and any haulageways.
(6) 
Consideration of the proposed district's ability to support a biomass gasification-to-energy facility that complies with applicable bulk regulations and special use exception criteria and other applicable requirements.
(7) 
Any other factors the Town Board considers relevant.
E. 
Term, existence and termination of Biomass Gasification-to-Energy District. Every Biomass Gasification-to-Energy District once created shall remain in existence until either the permanent abandonment of biomass gasification operations on site or the termination of the facilities' biomass gasification-to-energy special use permit issued in accordance with Subsection F below or appropriate legislative action of the Town Board to amend the Zoning Law. Upon the permanent termination of biomass gasification operations, the owner of the premises or the person responsible for the biomass gasification operations conducted therein shall commence closure and decommissioning of the biomass gasification-to-energy facility in accordance with a plan approved by the New York State Department of Environmental Conservation or any closure conditions and restrictions imposed by the Town Board in conjunction with its issuance of a biomass gasification-to-energy special use permit in accordance with Subsection F. The person responsible for the biomass gasification operation shall advise the Town Board, in writing, upon the commencement of decommissioning and closure and the completion of such activities.
F. 
Town Board biomass gasification-to-energy special use permits.
(1) 
Notwithstanding any other provisions in the Zoning Law to the contrary, the Town Board shall be authorized to issue Town Board biomass gasification-to-energy special use permits. No person shall construct or operate a biomass gasification-to-energy facility, or undertake biomass gasification operations within the Town, except within a Biomass Gasification-to-Energy District and except pursuant to a biomass gasification-to-energy special use permit issued by the Town Board in accordance with the procedures set forth in this subsection.
(2) 
The Town Board shall review and consider the same information as that required for the creation of a Biomass Gasification-to-Energy District under Subsection C(2) of this section. The permit application may be combined with the petition for the creation of the Biomass Gasification-to-Energy District when submitted to the Town Board. The Town Board shall require the applicant to establish an escrow fund which will reimburse the Town for the expenses paid by the Town to designated Town consultants for reviewing the application. The amount to be deposited with the Town, terms for disbursement of the funds, and requirements for replenishment of the fund shall be detailed in an escrow agreement to be executed between the applicant and the Town.
(3) 
The Town Board shall consider the application for a Town Board biomass gasification-to-energy special use permit at its next regular meeting occurring at least 10 days after receipt of a complete application; unless the application is submitted in conjunction with a petition for the creation of the Biomass Gasification-to-Energy District, in which case the less restrictive application review time frame shall control.
(4) 
No Town Board biomass gasification-to-energy special use permit shall be granted by the Town Board unless it shall determine:
(a) 
The applicable provisions prescribed for the Town Board biomass gasification special use permit have been met.
(b) 
The general standards set forth in § 235-15.4B have been met.
(c) 
The biomass gasification-to-energy facility conforms with all applicable regulations governing the Biomass Gasification-to-Energy District where it is to be located.
(d) 
The biomass gasification-to-energy facility meets the siting and design requirements listed in § 235-15.4C(37)(d)[1] through [11] of this chapter, setting forth siting and design requirements for recycling handling and recovery facilities, including composting operations, recyclable handling and recovery facilities, including post-collection separation facilities, waste tire storage facilities, construction and demolition debris processing facilities, waste transfer stations, and wood-chipping facilities.
(e) 
The applicant has shown or confirmed that the biomass gasification-to-energy facility will be designed and operated to meet the operations requirements listed in § 235-15.4C(37)(e)[1][a], [b], [c], [f], [h], and [i] of this chapter, except as modified in this § 235-7.12.
Note: Consistent with Subsection G below, the specific operations requirements in § 235-15.4C(37)(e)[2], [3] and [5] pertaining to operations at a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility, shall continue to apply to such facilities used as part of a biomass gasification-to-energy facility operation, and the operations plan submission requirements specified in § 235-15.4C(37)(e)[1] shall remain in effect and shall be extended to include all biomass gasification-to-energy facility operations.
(f) 
The biomass gasification-to-energy facility, and all components thereof, meet bulk requirements in § 235-7.2 that are applicable to a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility as part of its biomass gasification operation (whether or not the proposed biomass gasification-to-energy facility utilizes such facilities), except as otherwise provided therein for specific components of such facility.
(g) 
The proposed use will be in harmony with the Town of Montgomery Zoning Law and will not adversely affect the neighborhood if the requirements imposed by the Town of Montgomery Zoning Law are met.
(h) 
The biomass gasification-to-energy facility must comply, at a minimum, with all applicable federal and state requirements, including but not limited to 6 NYCRR Part 360 as amended from time to time.
(i) 
The biomass gasification-to-energy facility must demonstrate compliance with the approved Orange County Solid Waste Management Plan.
(5) 
In issuing a Town Board biomass gasification special use permit, the Town Board may impose reasonable conditions and restrictions related and/or incidental to the general and specific standards applicable to the proposed use. The foregoing is in addition to and shall not limit the Town Board's independent authority to impose conditions and restrictions pursuant to the New York State Environmental Quality Review Act.
G. 
Town Board site plan review and approval jurisdiction for biomass gasification-to-energy facilities. Notwithstanding any other provisions in the Zoning Law to the contrary, the Town Board shall retain the jurisdiction granted under New York State Town Law Article 16, § 274-a, to review and approve any site plan for the development of a biomass gasification-to-energy facility. No person shall construct or operate a biomass gasification-to-energy facility, or undertake biomass gasification operations within the Town, except in accordance with an approved site plan. No building permit for the development or construction of a biomass gasification-to-energy facility or any portion thereof shall be granted except in accordance with an approved site plan. The site plan must comply, at a minimum, with all of the requirements of § 235-16 of this chapter, as amended.
H. 
Operations.
(1) 
At least three months prior to the commencement of operations, the applicant shall submit an operations plan to the Town Board that i) provides an overview of daily biomass gasification operations and maintenance schedules, ii) demonstrates compliance with all applicable standards applicable to biomass gasification facilities, and conditions or restrictions imposed in connection with the Town Board's issuance of a Town Board biomass gasification special use permit, and iii) meets the criteria established in § 235-15.4C(37)(e)[1][a] through [i] of this chapter, as modified below, setting forth general operating requirements for recycling handling and recovery facilities, including composting operations, recyclable handling and recovery facilities, including post-collection separation facilities, waste tire storage facilities, construction and demolition debris processing facilities, waste transfer stations, and wood-chipping facilities; provided, however, that the applicant shall submit the facility report required by § 235-15.4C(37)(e)[1][d] to the Town Board and the Planning Board. The applicant's failure to timely submit the required operations plan shall result in the automatic revocation of the issued Town Board biomass gasification special use permit, unless the Town Board grants an extension of time to the applicant for good cause shown.
(a) 
Hours of operation. Waste material may only be accepted at the facility between the hours of 7:00 a.m. and 4:30 p.m. weekdays and 7:00 a.m. to 12:00 p.m. Saturdays. The facility's gasification process and electric-generating operations may proceed on a twenty-four-hour-per-day, seven-day-per-week basis. Maintenance service activities may proceed on an as-needed basis.
(2) 
If the biomass gasification-to-energy facility utilizes a composting facility, a recyclable handling and recovery facility, including a post-collection separation facility, and/or a construction and demolition debris processing facility as part of its biomass gasification operation, the aforementioned operations plan must also meet the applicable criteria established in § 235-15.4C(37)(e)[2], [3] and [5] of this chapter, respectively, provided however that all documentation or information subject to review by the Town shall be submitted to the Town Board and the Planning Board.
(3) 
Notwithstanding anything to the contrary, if a biomass gasification-to-energy facility utilizes a recycling handling and recovery facility, including a post-collection separation facility, such facility is hereby permitted to receive only acceptable biomass source material as defined above.
I. 
Term of the Town Board biomass gasification special use permit. The term of the biomass gasification special use permit shall coincide with the term set forth herein for the applicable Biomass Gasification-to-Energy District; provided, however, the Town Board may revoke such permit if it determines that the applicant has failed to comply with the conditions of permit issuance.
J. 
Financial assurance. The owner and operator of a biomass gasification-to-energy facility will be required to provide for financial assurance for facility closure as provided in § 235-15.4C(37)(f) of this chapter. The Town Board shall specify that such financial assurance be provided in advance of commencement of construction and address costs associated with the closure, decommissioning and dismantling of the project if it is abandoned prior to and/or after the commencement of operations.
K. 
Penalties and remedies. The failure to maintain and operate a biomass gasification-to-energy facility as required by these regulations shall be grounds for enforcement and the imposition of attendant penalties provided for in § 235-15.4C(37)(g) of this chapter.
L. 
Monitoring fees. In connection with a biomass gasification special use permit granted hereunder, the permittee shall pay to the Town of Montgomery a post permit monitoring fee provided for in § 235-15.4C(37)(i) of this chapter.
M. 
Prohibition against transfer station operations. All waste material delivered to the facility shall be processed at the site in full accordance with the facility's local and state permits and approvals. The use of the biomass gasification-to-energy facility or any components thereof as a solid waste transfer station operation is strictly prohibited. The operator and/or owner of the facility shall notify the Town Code Enforcement Officer within 12 hours of any unplanned occurrence or provide 48 hours prior notice of a planned occurrence at the site which will or does result in the facility no longer being able to process any or all of the waste stream components typically accepted at the facility. Such notification shall explain in reasonable detail the nature of the occurrence and the steps the facility has taken or will take to implement necessary contingency measures to remove from the site any waste material that cannot be processed and what arrangements have been made to stop any further receipt of those portions of the waste stream that can no longer be processed in accordance with the facility's local and state permits and approvals. The specific contingency measures to be implemented at the site for a planned or unplanned occurrence shall be made part of the issued biomass gasification special use Ppermit. Violation of the provisions of this Subsection M shall be considered a violation of the facility's biomass gasification special use permit.
N. 
Host community benefit agreement. Any facility granted a biomass gasification special use permit may also be subject to the terms of a host community benefit agreement executed between the permit holder and the Town to compensate the Town for the unique demands for public services and potential unmitigated impacts that may result from the operation of the biomass gasification-to-energy facility.
A. 
Intent. It is the intent of these gaming facility resort development regulations to provide flexible land use and design through the use of criteria on designated areas of land to allow development of self-contained and integrated development, with primary access to one or more state highways, in a setting of natural features and suitable topography, with primary focus on gaming facility resort development consisting of short-term transient visitor accommodations associated with a range of developed on-site indoor and/or outdoor recreational facilities.
B. 
Objectives. In order to carry out the intent of this section, a gaming facility resort development shall achieve the following objectives:
(1) 
Recognize and promote the scenic quality and natural features that are desirable for a wide range of commercial recreational uses.
(2) 
Advance the Town's Economic Development Plan by encouraging uses that will help bolster Town businesses helping them to grow and prosper, and located to take advantage of the Interstate 84, NYS Route 17K, and NYS Route 747 interchanges.
(3) 
Allow flexibility in the range of uses consistent with the gaming facility overlay regulations to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan.
C. 
Approvals required. Whenever any gaming facility resort development is proposed, and before any permits for the erection of a permanent or temporary structure in such development shall be granted and before any subdivision plat or part thereof may be filed in the office of the County Clerk, the developer or his authorized agent shall apply for and obtain a special permit use permit from the Town Board, subdivision approval, if necessary, from the Planning Board, and site plan approval from the Planning Board. Compliance with the State Environmental Quality Review Act is required in connection with review and action on any application for such special permit use permit, application for site plan approval, and, if necessary, application for subdivision approval. In addition, the developer shall have obtained a license from the New York Gaming Facility Siting Board for the gaming facility component of the resort development prior to issuance of any such building or grading permits.
D. 
Special permit use permit standards. An application for a gaming facility resort development must meet the standards set forth in §§ 235-7.7 and 235-15.4 of this chapter and the general and specific design standards set forth below. To the extent that there are any conflicts between requirements, the provisions of this section shall control.
E. 
Planning Board review. Upon receipt of a special permit use permit application for a gaming facility resort development, the Town Board shall refer the application to the Planning Board for its review and comment. The Planning Board shall report to the Town Board during the course of the Town Board's review of the special permit use permit application. The Planning Board's final report will be due within 60 days of the Town Board referral. Should the Planning Board fail to provide a final report within the time to do so, the Town Board may take action on the special permit use permit application.
F. 
General design standards for gaming facility resort developments. A gaming facility resort development application for special permit use permit is subject to approval by the Town Board. An applicant applying for a special permit use permit shall meet the following general design standards:
(1) 
Location of resort developments. Gaming facility resort developments are allowed only in the Gaming Overlay Zoning District.
(2) 
Minimum area. The minimum area necessary to qualify for a gaming facility resort development shall not be less than 200 contiguous acres, excluding wetlands or steep slopes.
(3) 
Ownership. The tract of land proposed for gaming facility resort development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the gaming facility resort development application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.
(4) 
Utilities. Gaming facility resort developments shall be served by adequate water supply and sewage treatment systems. Such systems shall be constructed in accordance with New York State standards and specifications, and additional standards adopted by the Town, if any.
(5) 
Specially permitted uses. The following uses are permitted within a gaming facility resort development upon issuance of a special permit use permit by the Town Board, and subject to site plan review by the Planning Board:
(a) 
Gaming facility. A gaming facility as defined in § 235-3.2 of this chapter.
(b) 
Gaming facility indoor commercial recreational use. Gaming facility indoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(c) 
Gaming facility outdoor commercial recreational use. Gaming facility outdoor commercial recreational uses as defined in § 235-3.2 of this chapter.
(d) 
Gaming facility cultural and performing arts center. Gaming facility cultural and performing arts center as defined in § 235-3.2 of this chapter.
(e) 
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses shall be required in a gaming facility resort development in accordance with the provisions below.
(f) 
A gaming facility resort development may include a mix of the above uses, which shall be located on a single lot or lots which shall be combined into one parcel.
(g) 
A gaming facility resort development must provide primary access to a state highway.
G. 
Gaming facility resort development application procedure and approval process. The gaming facility resort development application procedure and approval process shall consist of the following steps:
(1) 
Special permit use permit application with accompanying land development plan, requiring Planning Board review and Town Board review and approval.
(2) 
Site plan and/or subdivision plan submission requiring Planning Board review and approval.
(3) 
The above steps may proceed concurrently, provided that the Planning Board shall not issue any approval prior to the Town Board's issuance of a resort development special permit use permit.
H. 
Application for gaming facility resort development special permit use permit.
(1) 
An applicant shall submit to the Town Clerk an original plus 12 copies of a signed application complying with § 235-7.13H(2) and (3), together with filing fee and escrow requirements to be established by the Town Board.
(2) 
Contents of the special permit use permit application. A gaming facility resort development in the GO District shall fully comply with the State Environmental Quality Review Act, including the preparation of an environmental impact statement as may be determined by the lead agency. In addition to any documentation relative to an evaluation of the application pursuant to the State Environmental Quality Review Act, the special permit use permit application shall consist of the following items:
(a) 
A land development plan. The land development plan shall be approximately to scale, though it need not be so precise as to consist of finished engineering drawings. It shall include the following:
[1] 
The location and delineation of uses, indicating for each such area its general extent, size and composition in terms of the approximate percentage allocation by use such as recreational uses, hotel, restaurants, and gaming.
[2] 
Delineation of open space.
(b) 
A general statement as to how open space is to be owned and maintained.
(c) 
A proposed time schedule for development and, if staged, a general indication of how staging is to proceed.
(d) 
Traffic impact study, identifying the potential impact of traffic generated by the proposed development on the regional roadway network.
(e) 
Community services study, identifying the capacity of community services and facilities, the anticipated demand placed on such services and the potential expansion or introduction of services that may be required to service the development.
(f) 
Fiscal impact study, identifying community facility, infrastructure and other associated costs required to service the development and its impact on the Town and applicable service districts. Said study shall analyze the fiscal impact at each stage of the development.
(g) 
Drainage study, analyzing preconstruction and post-construction stormwater runoff conditions. The drainage study shall demonstrate compliance with all state and local stormwater permit standards.
(h) 
An explanation of the character of the resort development, including a visual rendering from any residential area located within 500 feet of the development site.
(i) 
Evidence that the proposal is compatible with the goals of the Town's Economic Development Plan.
(j) 
A market feasibility study and other possible study techniques demonstrating the short- and long-term demand for the principal proposed uses within the proposed site.
(k) 
The present ownership of all lands included within the gaming facility resort development.
(l) 
A study of impact upon current emergency services, including but not limited to police, fire, EMS, and ambulance, from the operation of the gaming facility resort development, and the need to expand and/or upgrade such emergency services to adequately meet the needs of such gaming facility resort development, and further to assess emergency access to and within the subject facility.
(3) 
Evidence of the applicant's financial ability to carry out the project and a description of previous experience with projects of a similar scale and magnitude.
(4) 
Specific design standards of the special permit use permit. Unless a parameter within the sole jurisdiction of the Town is waived by the Town Board, the application shall demonstrate compliance with the following additional design standards:
(a) 
Lot area and yard requirements. The applicant shall submit layouts and design standards for minimum lot size, frontage, yard requirements and other bulk standards at the time of special permit use permit application.
(b) 
Natural features. Existing natural features, such as streams, rock outcrops, topsoil, trees, shrubs, stone walls and wetlands, shall be preserved and incorporated in the landscaping of the development to the extent practicable.
(c) 
Street design. The arrangement, character, extent, width, grade and location of all streets on the project site shall be considered in relation to existing and planned public streets, topography and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said streets; said streets on the project site shall remain private and shall otherwise conform to all other street and road requirements of the Town as set forth in § 235-7.8 of this chapter.
(d) 
Access. The resort development shall provide its principal access to a state highway.
(e) 
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special permit use. The location and arrangement of structures shall not be detrimental to existing adjacent development or to the existing or prospective development of the Town.
(f) 
Boundary setbacks, buffer areas and transitional uses. Buffer areas shall be provided along the periphery of development sites consistent with the requirements of § 235-11.9 (Performance buffering). Buffers shall be provided along the periphery of the gaming facility resort development, and between any component uses of the development that are located on lots which may be conveyed or owned separately from adjacent lots.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g) 
Off-street parking and loading requirements. Sufficient and adequately designed off-street parking spaces and loading areas shall be provided, and the internal circulation system shall be adequate to provide safe accessibility within the site. Parking shall also be provided for use by the residents of the Town as determined by the Town Board.
(h) 
For gaming facility resort developments, the percentage of lot coverage shall mean the area of the site covered by principal and accessory buildings and structures, and shall not include parking areas, walkways or other areas that are improved with permeable pavement, pavers or other permeable or pervious surfaces.
(i) 
Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, where possible, utilities, including electric and cable, shall be installed underground within the gaming facility resort development.
(j) 
Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with New York State and local requirements and industry standards and best management practices and planned, installed and operated in a manner acceptable to the Town Board.
(k) 
Permanent open space. Open space shall be provided and permanently protected in an amount, location and manner as determined by the Town Board.
(l) 
For purposes of gaming facility resort developments, the restriction on maximum building height shall mean the vertical distance, measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street, to the highest point of such structure. In no case shall the building height of any structure in a gaming facility resort development exceed 210 feet.
(m) 
The provisions of § 235-15.4C(28)(a) through (d) of this chapter regarding restrictions on hotels and motels shall not apply to hotels within a gaming facility resort development. The provisions of § 235-15.4C(28)(e) of this chapter shall apply to hotels within a gaming facility resort development.
(n) 
Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the subdivision regulations. However, where a conflict exists between the development standards contained in this section and any of the above, this section shall govern.
(o) 
The provisions of § 235-9.1H of this chapter regarding recreation center devices shall not apply to a gaming facility resort development in the GO Zoning District; however, the addition of any recreation center devices to an existing gaming facility resort development shall require amendment to the special permit use permit and site plan.
I. 
Public hearing. The Town Board shall hold a public hearing within 45 days from the day the special permit use permit application is deemed complete. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint hearing shall be held by both boards on all related pending applications. Any notice for a joint public hearing must satisfy the minimum requirements of the relevant applicable notice provisions for site plan and/or subdivision applications.
J. 
County planning review. At least 30 days before the public hearing, the Town Board shall mail notices thereof to the Orange County Planning Department as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement describing and including the special permit use permit application. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Planning Board, then to the extent practicable, a joint referral shall be made for all related pending applications.
K. 
Decisionmaking.
(1) 
No special permit use permit may be granted in the absence of a license issued by the NYS Gaming Commission, although a conditional final approval may be granted conditioned upon the receipt of such license. The Town Board shall render its decision on the special permit use permit within 62 days after the close of the public hearing. The failure to act within such sixty-two-day period shall not result in a default approval. The time within which the Town Board must render its decision may be extended by the consent of the applicant. The decision of the Town Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
(2) 
Community appearance and architectural review. The gaming facility resort development shall become subject to community appearance and architectural review upon application for site plan and/or subdivision approval; and the entire plan, showing such detail as shall enable the Planning Board to review said plan, shall be submitted simultaneously with the site and/or subdivision plan application.
(3) 
If the applicant has filed concurrent applications for site plan and/or subdivision approval with the Planning Board, and in the event of a joint public hearing has been held and closed by the Town Board and Planning Board pursuant to § 235-7.13G(3) hereof, the Planning Board shall render its decisions on the related applications pending before it within 62 days following the Town Board's decision on the special permit use permit. The failure to act within such sixty-two-day period shall not result in a default approval. The time within which the Planning Board must render its decision may be extended by the consent of the applicant.
(4) 
No building permit for the construction of any permanent or temporary structure shall be issued by the Town until i) the New York Gaming Facility Siting Board has issued a license for the gaming facility component of the resort development; ii) compliance with the State Environmental Quality Review Act has been completed; iii) the Town Board has completed its review and approved a special permit use permit; and iv) the Planning Board has completed its review and issued site plan approval and, if necessary, subdivision approval.
L. 
Conditions. The Town Board, at its discretion, may attach any reasonable conditions on an approved gaming facility resort development special permit use permit as necessary to assure conformance of the gaming facility resort development with the intent and objectives of these regulations, and other applicable state and local requirements including a host community benefits package and related agreements. Any special permit use permit issued by the Town Board hereunder is expressly conditioned upon site plan review by the Planning Board and, if necessary, subdivision review by the Planning Board.
M. 
Special permit use permit approval shall expire if construction has not commenced within two years after the date of the special permit use permit approval.
N. 
Requests for changes to the special permit use permit. If in the course of detailed site development and/or subdivision review it becomes apparent that certain elements which have been approved by the Town Board are not feasible, or are materially inconsistent with the proposed site plan or amendment thereto, the Planning Board shall refer said changes to the Town Board for its review. The Town Board shall determine whether said improvements are minor and are generally consistent with the approved special permit use permit or whether said improvements are major and require reapproval of the special permit use permit. Said determination shall be made by resolution of the Town Board within 30 days after referral by the Planning Board. If the Town Board determines that such changes are minor, no further Town Board action shall be required.
O. 
Financial responsibility. No building permit shall be issued for construction of a resort development until the required improvements are installed or performance bonds or other financial guarantees and/or sureties as required by the Town Board are posted in a form acceptable to the Town Attorney in accordance with the procedures specified in § 274-a of the Town Law for site plans and § 277 of the Town Law relating to subdivisions.
"Cluster development" shall mean a subdivision plat or plats, approved pursuant to this § 235-8, in which the applicable zoning law is modified to provide an alternative method for the layout, configuration and design of lots, buildings, structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
A. 
The Town Board hereby authorizes the Planning Board to approve a cluster development, subject to the conditions recited elsewhere in this § 235-8, simultaneously with the approval of a subdivision plat or plats pursuant to other enabling legislation found in Article 16 of the Town Law for the State of New York, as amended.
B. 
The provisions of this § 235-8 shall apply in all of the zoning districts of the Town, exclusive of the Planned Adult Community (PAC) Overlay Zone District. The PAC Overlay Zone District regulations are set forth at § 235-15.4C(31) of this chapter.
C. 
The purpose of a cluster development shall be to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands in the Town.
A. 
Benefits to the Town. A cluster development may be required at the discretion of the Planning Board, with the concept approval and formal approval of the Town Board as set forth in Subsections D and I below, if, in the judgment of the Planning Board, a cluster development would benefit the Town.
B. 
Specifications. Simultaneous with or prior to the approval of a clustered subdivision, the Planning Board shall establish the specific lot bulk requirements it has authorized as part of the cluster development plan. In addition, any conservation or access easement or other restrictions or design specifications established as part of the overall plan shall be specified on the plat.
C. 
Number of lots or dwelling units. A cluster development shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units in all such districts, and may authorize actual construction to take place in any portion of one or more of the districts.
D. 
Open space preservation. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and ongoing maintenance of such open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. The Town Board hereby requires that any such conditions shall be approved by the Town Board by resolution before the final plat may be approved for filing. Prior to the determination of the Town Board as required in this Subsection D, the Town Board must be in receipt of the resolution of the Planning Board declaring that the cluster development will be a benefit to the Town and also must be in receipt of the negative declaration or findings statement pursuant to the SEQRA as prepared by the lead agency.
E. 
Plat requirements. In addition to the standard plat requirements for conventional subdivisions, the plat showing such cluster development may include areas within which structures may be located, the heights and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and other features required by the Planning Board. In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, attached or multistory structures.
F. 
Notice and public hearing. The proposed cluster developments shall be subject to review at a public hearing or hearings held pursuant to Article 16 of the New York State Town Law regarding the approval of plats.
G. 
Filing of plat. On the filing of the plat in the office of the Orange County Clerk, a copy shall be filed with the office of the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map required to be maintained per Article 16 of the Town Law for the State of New York.
H. 
Effect. The provisions of this § 235-8 shall not be deemed to authorize a change in the permissible use of such land as elsewhere provided in this chapter of the Code of the Town of Montgomery.
I. 
Town Board concept review. The requirements of this Subsection I shall be deemed to be a portion of the criteria set forth at Town Law § 278, Subdivision (3)a. In addition to the final approval of the Town Board as to the ownership, use and maintenance of open space as set forth in Subsection D above, the subdivider shall appear before the Town Board to present the proposed cluster plan concept to the Town Board after the proposed cluster plan has received an informal concept or sketch approval from the Planning Board. The purpose of this appearance before the Town Board is to ascertain if the Town Board is to exercise its authority to reject or modify the proposed cluster plan concept. If the Town Board is to reject or modify the proposed cluster plan concept, it must do so by resolution within 45 days of the first appearance before the Town Board. If the Town Board fails to reject or modify the cluster plan concept within such forty-five-day period, the clustered subdivision plan may proceed to the preliminary public hearing stage before the Planning Board generally as presented. If the Town Board finds it to be in the public interest to authorize the continued review of the cluster plan by the Planning Board, with or without modification, it may do so by resolution prior to the expiration of such forty-five-day period, which resolution shall not be deemed to be an action pursuant to the SEQRA and/or an approval of said plan, as that approval shall remain within the sole discretion of the Planning Board as elsewhere provided in this § 235-8 and in Article 16 of the NYS Town Law and in accordance with the obligations of the lead agency pursuant to the SEQRA and the regulations thereunder.
In all districts, no building, structure or lot shall be used in whole or in part for any of the following uses:
A. 
Any trade, business, industry or process which is noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare.
B. 
Billboards.
C. 
Explosives or gunpowder manufacture.
D. 
House trailers or manufactured homes used for residential purposes, except that manufactured housing may be used in the R-MHC District or in any district only as farm workers' dwellings in accordance with §§ 235-6.2F(2) and/or 235-7.2F(2) as a customary accessory use to an active agricultural operation on the same or an adjacent lot in accordance with the New York State Agriculture and Markets Law.
E. 
Outdoor lighting facilities of any kind where the light source is visible from outside the property lines, or where glare beyond the property lines creates public hazards or nuisances to nearby residential zones.
F. 
Open-air retail sales establishments other than those specifically permitted in the Tables of Use Regulations for Residence and Agricultural Districts and Business and Industrial Districts.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
G. 
Rear dwelling except where otherwise allowable as a caretaker's dwelling or farm worker's housing as elsewhere described in this chapter.
H. 
Recreation center devices such as sky rides, Ferris wheels, roller coasters, shooting galleries, except on a temporary permit issued by the municipality.
[Amended 10-6-2022 by L.L. No. 10-2022]
A. 
Outdoor storage and/or equipment yard for contractors.
B. 
Dry cleaning or laundry plant of more than 4,000 square feet.
C. 
Fuel oil storage (unless underground as an accessory use to a permitted or special permit use). Fuel storage tanks of 500 gallons or less are permitted above ground at the rear of buildings, if screened with solid fences, walls or landscaping satisfactory to the Planning Board.
D. 
Municipal sanitary landfill or incinerator.
E. 
Public utility storage yard.
F. 
Wholesale businesses and warehouses with less than three truck docks or bays.
G. 
Storage yard.
H. 
Commercial outdoor public or private recreation uses, not including golf courses or passive recreation areas, unless located off a service road or adequately screened from a public road in the opinion of the Planning Board.
I. 
Outdoor sales and displays of new and used motor vehicles, mobile homes, trucks, boats and other outdoor sales items, including, without limitations, temporary or transient vending facilities.
J. 
All types of recycling facilities, including processing and transfer facilities.
K. 
Telecommunication towers, including radio, microwave, and broadcasting towers and antennas.
L. 
Garage doors for commercial uses shall not be visible from street frontage areas of lots or side street frontages of corner lots.
M. 
Repair garages and auto body shops and all related automobile storage.
It is hereby determined that:
A. 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species.
C. 
Clearing and grading during construction tend to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
H. 
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
I. 
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
The purpose of this § 235-10 is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 235-10.1 hereof. This § 235-10 seeks to meet those purposes by achieving the following objectives:
A. 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s) Permit No. GP-02-02, or as amended or revised;
B. 
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0201, or as amended or revised;
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, streambank erosion and maintain the integrity of stream channels;
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.
A. 
This § 235-10 shall be applicable to all land development activities as defined in this § 235-10.
B. 
The municipality shall designate a municipal officer or employee as the Stormwater Management Officer (SMO), who shall accept and review all stormwater pollution prevention plans (SWPPP). The Stormwater Management Officer (SMO) may, upon approval by the Town Board of the Town of Montgomery, engage the services of a registered professional engineer to review the SWPPP and related specifications and documents at a cost not to exceed a fee schedule established by said governing board and/or may accept the certification of a licensed professional that the plans conform to the requirements of this § 235-10.
C. 
All land development activities and building permit applications subject to review and approval by the Planning Board, Zoning Board of Appeals and/or the Building Department of the Town of Montgomery under any other provisions of this chapter of the Code of the Town or of the New York State Uniform Fire Prevention and Building Code shall be reviewed subject to the standards contained in this § 235-10, and no approval or permit shall occur unless subject to full compliance with such standards.
D. 
All other land development activities that are not subject to review as set forth above, nonetheless, shall be required to submit a stormwater pollution prevention plan (SWPPP) to the SMO, who shall approve the SWPPP if it complies with the requirements of this § 235-10.
The following activities may be exempt from review under this § 235-10:
A. 
Agricultural activity as defined in this § 235-10 or as determined by the New York State Department of Agriculture and Markets.
B. 
Silvicultural activity, except that landing areas and log haul roads are subject to this § 235-10.
C. 
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. The SMO shall have the sole discretion to determine if an activity is or is not a "routine maintenance activity."
D. 
Repairs to any stormwater management practice or facility deemed necessary by the SMO.
E. 
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Montgomery and filed with the Orange County Clerk on or before June 7, 2005. Additionally, any site plan approved, signed by the appropriate municipal official and filed with the Town on or before June 7, 2005, shall be exempt.
F. 
Land development activities for which an unconditional building permit has been issued on or before June 7, 2005.
G. 
Cemetery graves.
H. 
Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles, provided no such installation shall result in any adverse impacts that this § 235-10 is designed to prevent or mitigate.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing structure, provided that there is no disturbance of the stabilized topsoil.
The terms used in this § 235-10 or in documents prepared or reviewed under this § 235-10 shall have the meanings as set forth below:
[1]APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
CODE ENFORCEMENT OFFICER
The Building Inspector or Assistant Building Inspector of the Town.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, as the same now exists or as it may be amended from time to time, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book," as the same now exists or as it may be amended from time to time.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY FOR LESS THAN ONE ACRE
Regulated by the Town of Montgomery "Standard Plan" described in § 235-10.6E below.
LAND DEVELOPMENT ACTIVITY IN EXCESS OF ONE ACRE
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface water or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
[1]
Editor's Note: The former definition of "agricultural activity," which immediately preceded this definition, was repealed 2-28-2023 by L.L. No. 2-2023.
A. 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity and/or building permit shall be approved until the appropriate board or the Building Department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this § 235-10.
B. 
Contents of all stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:
(1) 
Background information about the scope of the project, including location, type and size of project.
(2) 
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). The site map should be at a scale no smaller than one inch equals 100 feet.
(3) 
Description of the soil(s) present at the site.
(4) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
(5) 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.
(6) 
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.
(7) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out.
(8) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(9) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(10) 
Temporary practices that will be converted to permanent control measures.
(11) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.
(12) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(13) 
Name(s) of the receiving water(s).
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(15) 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
(16) 
Any existing data that describes the stormwater runoff at the site.
C. 
Classification. Land development activities shall be classified by the SMO as any one or more of the following conditions:
(1) 
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(2) 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
(3) 
Condition C: stormwater runoff from land development activities disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(4) 
Condition D: stormwater runoff from land development activities disturbing less than one acre.
D. 
Additional SWPPP requirements for Conditions A, B and C:
(1) 
All information in Subsection B above.
(2) 
Description of each post-construction stormwater management practice.
(3) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(4) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(5) 
Comparison of post-development stormwater runoff conditions with predevelopment conditions.
(6) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(7) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(8) 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
(9) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with this § 235-10.
E. 
The Town's "Standard Plan," otherwise known as the "Town SWPPP," for Condition D is as follows: This Standard Plan is issued by the Town of Montgomery and is subject to any special conditions listed on the application. New York State law requires that provisions to control erosion and sediment shall be included for all construction where any excavation, stripping, filling, grading or earth movement takes place. As required by state law, building permits cannot be issued until such erosion and sediment control provisions are approved. Owners and applicants are advised that building permits are not issued until this plan is implemented and site approval has been granted.
(1) 
Applicability. This Standard Plan may only be utilized for minor grading activities associated with minor commercial and residential construction for earth disturbances where all the following conditions are met:
(a) 
The lot is on a paved, graveled, or publicly maintained street where storm drain facilities are in operation and roadside ditches stabilized.
(b) 
Stormwater management facilities are not required on the lot. (For projects where facilities have been designed, this plan represents a starting point, but is not sufficiently comprehensive.)
(c) 
No more than 15,000 square feet will be disturbed during development of any one lot, but in any critical area, not more than 5,000 square feet will be disturbed.
(d) 
Steep slopes with a grade of 15% or greater will not be disturbed. A twenty-five-foot undisturbed buffer must be maintained from the top of 25% or greater slopes within a sensitive area.
(e) 
Development for minor subdivision will take place on not more than two lots at one time.
(f) 
Any proposed grading will not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse, or affect any sediment and erosion control plan previously approved by the Town of Montgomery.
(g) 
Changes in grade or removal of vegetation shall not take place in established buffers or within 100 feet of the mean high water line of a body of water, except for approved buffer management plans disturbing less than 5,000 square feet and the establishment of approved shoreline erosion control projects where no grading is to take place.
(h) 
The proposed construction is not subject to a separate erosion and sediment control plan.
(2) 
Conditions.
(a) 
Access to the site and this plan shall be available at all times for inspection by representatives of the Town of Montgomery.
(b) 
The applicant/permittee shall notify the Town of Montgomery at least 48 hours prior to commencing clearing or grading (telephone number: 845-457-2660).
(c) 
This Standard Plan is valid only if development of the lot proceeds in accordance with state laws and the rules and regulations governing sediment control, land use, and environmental impact.
(d) 
In the event that the applicant fails to provide adequate sediment controls according to the provisions of this plan and standards and specifications, or if the sediment controls installed on the site do not provide adequate protection, the Town of Montgomery Code Enforcement Officer and the Town Engineer may stop all work at the referenced site and require corrective actions.
(e) 
This Standard Plan is subject to revocation by the Town of Montgomery or the Code Enforcement Officer whenever determination is made, and after notice is given, that the site is in violation of the rules and regulations promulgated under state law and/or the conditions specified by this plan.
(f) 
If there is any concurrent construction on adjoining lots, the Town of Montgomery may take individual and separate actions to assure sediment controls are in compliance with state laws and the approved erosion and sediment control plan.
(g) 
Nothing herein relieves the applicant/permittee from complying with any and all of the state laws and regulations.
(h) 
This Standard Plan is valid for the life of the building permit or a period of six months if not associated with a building permit.
(3) 
Grading.
(a) 
Initial clearing and earth disturbance shall be limited to that necessary to install sediment control measures. Excavation for footings, clearing, or other earth disturbance may only take place after the sediment and erosion controls are installed.
(b) 
The permanent driveway or entrance location shall be used as a stabilized construction entrance. Two-inch stone shall be placed at a minimum six-inch depth, 30 feet long, and 10 feet wide. The entrance shall be top dressed with stone as necessary to prevent tracking of sediment onto public streets or rights-of-way. Sediment tracked onto public streets must be removed or cleaned on a daily basis. All vehicular traffic onto the site will use this stabilized construction entrance.
(c) 
At any location where surface runoff from disturbed or graded areas may flow off the construction area, sediment control measures must be installed, including a silt fence or straw bales to prevent sediment from being transported off site. No grading, filling or other disturbance is allowed within existing drainage swales.
(d) 
Swales or other areas that transport concentrated flow shall be sodded. Downspout or sump pump discharges must have acceptable outfalls that are protected by splashblocks, sod, or piping as required by site conditions (i.e., no concentrated flow directed over fill slopes).
(e) 
Surface flows over existing or proposed cut and fill slopes shall be controlled by either redirecting flows from traversing the slopes or by installing mechanical devices to safely lower water downslope without causing erosion. Any percolating water resulting from any development activities must be properly conveyed to an acceptable outfall.
(f) 
Final graded slopes shall be no steeper than four horizontal units to one vertical unit 25%, nor higher than five feet without prior approval.
(g) 
All materials originating from development of the lot and public right-of-way shall be removed immediately to an acceptable disposal facility.
(h) 
Final site drainage shall be such to prevent erosion, concentrated flows to adjacent properties, uncontrolled overflow, and ponding. Positive drainage away from the foundation must be provided in accordance with the New York State Code. The foundation must extend at least eight inches above finished grade and a minimum slope of at least 0.5 inch per foot of fall must be maintained away from the foundation.
(4) 
Stabilization. Following initial soil disturbance and redisturbance, permanent or temporary stabilization shall be completed within:
(a) 
Seven calendar days from the time that the soil is initially disturbed, and before any significant storm event which may have the potential to cause erosion, but not to exceed seven days from initial disturbance.
(b) 
Fourteen calendar days for all approved stockpiles and other disturbed or graded areas, provided construction grading activity is not continually ongoing in these locations.
F. 
Specifications. Specifications regarding silt fence, straw bale dikes, earth dikes, stone outlet structures, stone construction entrances, temporary and permanent stabilization practices, and any other sediment and erosion control practices are contained in the current New York State Guidelines for Urban Erosion and Sediment Control, as amended and revised. Specifically, the following limitations for silt-fencing may not be exceeded:
(1) 
Maximum allowable slope length of the contributing runoff and maximum silt fence length.
Slope Length
Slope Length
(feet)
Silt Fence
(feet)
2:1 and steeper
20
125
3:1 to 2:1
40
250
5:1 to 3:1
60
500
10:1 to 5:1
100
750
50:1 to 10:1
125
1,000
Flatter than 50:1
300
Unlimited
(2) 
Maximum drainage area may not exceed 1/2 acre per 100 feet of silt fence.
(3) 
Silt fence must be placed on or parallel to contours where there is no concentration of water flowing to the silt fence and erosion will occur in the form of sheet erosion. The area below the silt fence must be undisturbed ground.
(4) 
Silt fence material and installation complies with the standard drawing.
G. 
Plan implementation.
(1) 
The appropriate sample sediment control drawing must be implemented as depicted by site slope and drainage conditions.
(2) 
A building permit shall not be issued until sediment control approval has been obtained. This Standard Plan is a condition and part of the building permit.
H. 
Details and specifications for vegetative establishment for Standard Plan.
(1) 
Permanent seeding.
(a) 
Seedbed preparation. The area to be seeded shall be loose and friable to a depth of at least three inches. The top layer shall be loosened by raking, disking or other acceptable means before seeding occurs. For sites less than five acres, apply 100 pounds of dolomitic limestone and 21 pounds of 10-20-20 fertilizer per 1,000 square feet. Harrow or disk lime and fertilizer into the soil to a depth of at least three inches on slopes flatter than 3:1.
(b) 
Seeding. Apply five to six pounds per 1,000 square feet of seed mix between February 1 and May 15 or between August 15 and October 31. Apply seed uniformly on a moist, firm seedbed with a cyclone seeded drill, cultipacker seeder or hydroseeder (slurry includes seeds and fertilizer, recommended on steep slopes only). Maximum seed depth should be 1/4 inch in clayey soils and 1/2 inch in sandy soils when using other than the hydroseeder method. Irrigate if soil moisture is deficient to support adequate growth until vegetation is firmly established. Select seed mixtures from Section 3, New York State Guidelines for Urban Erosion and Sediment Control.
(c) 
Mulching. Mulch shall be applied to all seeded areas immediately after seeding. During the time periods when seeding is not permitted, mulch shall be applied immediately after grading. Mulch shall be unrotted, unchopped, small grain straw applied at a rate of two tons per acre or 90 pounds per 1,000 square feet (two bales). If a mulch anchoring tool is used, apply 2.5 tons per acre. Mulch materials shall be relatively free of all kinds of weeds and shall be completely free of prohibited noxious weeds. Spread mulch uniformly, mechanically, or by hand to a depth of one inch to two inches.
(d) 
Securing straw mulch. Straw mulch shall be secured immediately following mulch applications to minimize movement by wind or water. The following methods are permitted:
[1] 
Use a mulch anchoring tool which is designed to punch and anchor fabric-type mulch into the soil surface to a minimum depth of two inches. This is the most effective method for securing mulch; however, it is limited to relatively flat areas where equipment can operate safely.
[2] 
Wood cellulose fiber may be used for anchoring straw. Apply the fiber binder at a net dry weight of 750 pounds per acre. If mixed with water, use 50 pounds of wood cellulose fiber per 100 gallons of water.
[3] 
Liquid binders may be used and applied heavier at the edges where wind catches mulch, such as in valleys and on crests of slopes. The remainder of the area should appear uniform after binder application.
[4] 
Lightweight netting may be used to secure mulch. The netting will be stapled to the ground according to the manufacturer's recommendations.
(2) 
Temporary seeding.
(a) 
Lime: 100 pounds of dolomitic limestone per 1,000 feet.
(b) 
Fertilizer: 15 pounds of 10-10-10 per 1,000 feet.
(c) 
Seed: perennial rye, 0.92 pound per 1,000 square feet (February 1 through May 1 or August 15 through November 1).
(d) 
Mulch: same as above.
(3) 
Fill. No fills may be placed on frozen ground. All fill is to be placed in approximately horizontal layers, each layer having a loose thickness of not more than eight inches. All fill in roadways and parking areas is to be classified Type 2 compacted to 90% density; compaction to be determined by ASTM D-1557-66T (Modified Proctor). Any fill within the building area is to be compacted to a minimum of 95% as determined by methods previously mentioned. Fills for pond embankments shall be compacted as per the project engineer's specifications. All other fills shall be compacted sufficiently so as to be stable and prevent erosion and slippage.
(4) 
Permanent sod. Installation of sod should follow permanent seeding dates. Permanent sod is to be state-approved sod; lime and fertilizer per permanent seeding specifications and lightly irrigate soil prior to laying sod. Sod is to be laid on the contour with all ends tightly abutting. Joints are to be staggered between rows. Water and roll or tamp sod to ensure positive root contact with the soil. All slopes steeper than 3:1, as shown, are to be permanently sodded or protected with approved erosion control netting. Additional watering for establishment may be required. Sod is not to be applied on frozen ground. Sod shall not be harvested or transplanted when moisture content (dry or wet) and/or extreme temperature may adversely affect its survival. In the absence of adequate rainfall, irrigation should be performed to ensure established sod.
NOTE: This plan does not preclude the applicant from meeting all of the requirements for the New York State Guidelines for Urban Erosion and Sediment Control.
I. 
Construction design drawings/specifications.
(1) 
Stabilized construction entrances.
(a) 
Details.
Stabilized Construction Entrance Details
235-Stablized Construction.tif
(b) 
Construction specifications.
[1] 
Stone size. Use two-inch stone or reclaimed or recycled concrete equivalent.
[2] 
Length. Not less than 50 feet (except on a single residence lot where a thirty-foot minimum length would apply).
[3] 
Thickness. Not less than six inches.
[4] 
Width. Twelve-foot minimum, but not less than the full width at points where ingress or egress occurs; 24 feet if single entrance to site.
[5] 
Filter cloth. Will be placed over the entire area prior to placing of stone.
[6] 
Surface water. All surface water flowing or diverted toward construction entrances shall be piped across the entrance. If piping is impractical, a mountable berm with 5:1 slopes will be permitted.
[7] 
Maintenance. The entrance shall be maintained in a condition which will prevent tracking or flowing of sediment onto public rights-of-way. All sediment spilled, dropped, washed or tracked onto public rights-of-way must be removed immediately.
[8] 
When washing is required, it shall be done on an area stabilized with stone and which drains into an approved sediment-trapping device.
[9] 
Periodic inspection and needed maintenance shall be provided after each rain.
(2) 
Silt fences.
(a) 
Details.
Silt Fence Details
235-Silt Fence Details.tif
(b) 
Construction notes for fabricated silt fence.
[1] 
Woven wire fence to be fastened securely to fence posts with wire ties or staples.
[2] 
Filter cloth to be fastened securely to woven wire fence with ties spaced every 24 inches at top and mid-section.
[3] 
When two sections of filter cloth adjoin each other they shall be overlapped by six inches and folded.
[4] 
Maintenance shall be performed as needed and material removed when "bulges" develop in silt fence.
[5] 
Posts: steel, either "T" or "U" type, or two-inch hardwood.
[6] 
Fence: woven wire, 14.5 ga., six inches maximum mesh opening.
[7] 
Filter cloth: Filter X, MIRAFI 100x, Stabilinka T140N or approved equal.
[8] 
Prefabricated unit: GeoFab, Envirofence or approved equal.
(3) 
Straw bale dikes.
(a) 
Details.
Straw Bale Dike Details
235-Straw Bale Dike.tif
(b) 
Construction specifications.
[1] 
Bales shall be placed at the toe of a slope or on the contour and in a row with ends tightly abutting the adjacent bales.
[2] 
Each bale shall be embedded in the soil a minimum of four inches and placed so the bindings are horizontal.
[3] 
Bales shall be securely anchored in place by either two stakes or rebars driven through the bale. The first stake in each bale shall be driven toward the previously laid bale at an angle to force the bales together. Stakes shall be driven flush with the bale.
[4] 
Inspection shall be frequent and repair or replacement shall be made promptly as needed.
[5] 
Bales shall be removed when they have served their usefulness so as not to block or impede storm flow or drainage.
(4) 
Check dams.
(a) 
Details.
Check Dam Details
235-Check Dam Details.tif
(b) 
Construction details.
[1] 
Stone will be placed on a filter fabric foundation to the lines, grades and locations shown on the plan.
[2] 
Set spacing of check dams to assume that the elevation of the crest of the downstream dam is at the same elevation of the toe of the upstream dam.
[3] 
Extend the stone a minimum of 1.5 feet beyond the ditch banks to prevent cutting around the dam.
[4] 
Protect the channel downstream of the lowest check dam from scour and erosion with stone or liner as appropriate.
[5] 
Ensure that channel appurtenances such as culvert entrances below check dams are not subject to damage or blockage from displaced stones.
(5) 
Typical lot erosion and sediment controls.
Typical Lot Erosion and Sediment Control Detail
235-Typical Lot.tif
J. 
Certifications and permits.
(1) 
Plan certification. The SWPPP shall be prepared by a certified professional in erosion sediment control (CPESC) or a certified professional in stormwater quality (CPSWQ) or a professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this § 235-10.
(2) 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(3) 
Contractor certification.
(a) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b) 
The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(c) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(d) 
As of June 1, 2008, all contractors must be certified by the Town of Montgomery or, alternatively, must be under the direct supervision of the certified professional who designed and certified the SWPPP.
(4) 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject to the following performance and design criteria:
A. 
Technical standards. For the purpose of this § 235-10, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this § 235-10:
(1) 
The New York State DEC Stormwater Management Design Manual as it now exists or as it may be amended, hereafter referred to as the "Design Manual."
(2) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004) as it now exists or as it may be amended, hereafter referred to as the "Erosion Control Manual."
B. 
Water quality standards. No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
A. 
Maintenance during construction.
(1) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this § 235-10. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
The applicant or developer or its representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer as soon as practical and also copied to the site log book.
B. 
Maintenance easement(s) and agreements. Prior to the issuance of any approval that includes a private stormwater management facility, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall include all reasonable terms to effect the purposes of this § 235-10 and shall provide for access to the facility at reasonable times for periodic inspection or for remedial work at the owner's sole expense by the person or entity responsible for the operation and maintenance and/or by the Town of Montgomery, or its duly authorized designee, to ensure that the facility is maintained in proper working condition to meet the design standards and any other provisions established by this chapter. The easement agreement shall be prepared and recorded by the grantor at its sole expense in the office of the County Clerk after approval by the Attorney for the Town of Montgomery.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this § 235-10 shall be operated and maintained to achieve the goals of this § 235-10. Proper operation and maintenance also include, as a minimum, the following:
(1) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this § 235-10.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this § 235-10.
D. 
Drainage districts. The Town, in its sole discretion, may elect to create a drainage district per Article 12 or 12-A of the Town Law of the State of New York. If the Town Board selects this option, such district must be created prior to final approval of the project or, if a subdivision, prior to the filing of the subdivision map with the Orange County Clerk. Once such a district is created, the Town, in its sole discretion, may consolidate one or more drainage districts in accordance with the relevant provisions of the New York State Town Law.
A. 
Erosion and sediment control inspection.
(1) 
The Town of Montgomery Stormwater Management Officer may require such inspections as necessary to determine compliance with this § 235-10, including all professional certifications, and may either approve that portion of the work completed or notify the applicant where the work fails to comply with the requirements of this § 235-10 and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Montgomery Building Department at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season.
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas.
(2) 
If any violations are found, the applicant and developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted and no further permits or approvals shall be granted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. The reasonable expenses of the Town's inspections shall be paid for by the owner per the Town's Fee Schedule, as amended from time to time.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
B. 
Stormwater management practice inspections. The Town of Montgomery Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer or a CPSWQ or a CPESC.
C. 
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
D. 
Submission of reports. The Town of Montgomery Stormwater Management Officer may require monitoring and reporting from persons or entities subject to this § 235-10 as are necessary to determine compliance with this § 235-10.
E. 
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the maintenance easement and agreement described in § 235-10.8 above shall grant to the Town of Montgomery the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Montgomery in its approval of the stormwater pollution prevention plan, the Town of Montgomery may require the applicant or developer to provide, prior to final plan approval or as a condition of such approval, a cash escrow, or an irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Montgomery or its designee as the beneficiary. The security shall be in an amount to be determined by the Town of Montgomery based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Montgomery, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Montgomery or to its designee. Interest on cash escrow deposits shall not accrue to the stakeholder except in exceptional circumstances.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by persons or entities other than the Town of Montgomery, the developer, prior to construction, may be required to provide the Town of Montgomery with a cash escrow or an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Montgomery or its duly authorized designee may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Town of Montgomery may require persons or entities subject to this § 235-10 to maintain records demonstrating compliance with this § 235-10.
A. 
Notice of violation. When the Town of Montgomery determines that a land development activity is not being carried out in accordance with the requirements of this § 235-10, it may issue a written notice of violation to the landowner and to any other responsible persons or entities. The notice of violation shall contain:
(1) 
The name and address of the landowner and of the developer or applicant, if other than the landowner.
(2) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring.
(3) 
A statement specifying the nature of the violation.
(4) 
A description of the remedial measures necessary to bring the land development activity into compliance with this § 235-10 and a time schedule for the completion of such remedial action.
(5) 
A statement of the criminal and civil penalty or penalties that shall or may be assessed against the person and/or entity to whom the notice of violation is directed.
B. 
Stop-work orders. The Town of Montgomery may issue a stop-work order for violations of this § 235-10. Persons or entities receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Montgomery confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this § 235-10.
C. 
Violations. Any land development activity that is commenced or is conducted contrary to this § 235-10 may be restrained by injunction or otherwise abated in a manner provided by law, and a court may award the Town all of its reasonable attorney's fees and court costs in connection with such action or proceeding.
D. 
Criminal penalties. In addition to or as an alternative to any other penalty provided herein or by law, any person who violates the provisions of this § 235-10 shall be guilty of a violation punishable by a fine not exceeding $350,00 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this § 235-10 shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E. 
Civil penalties.
(1) 
In addition to or as an alternative to any other penalty provided herein or by law, and pursuant to the authority delegated to the Town of Montgomery under the provisions of Town Law § 135(1) and Municipal Home Rule Law § 10(4)b, a violation of any of the provisions of this § 235-10 may result in a civil penalty as follows:
(a) 
First offense: civil penalty not to exceed $350.
(b) 
Second offense: civil penalty not to exceed $700.
(c) 
Third offense within five years: civil penalty not to exceed $1,000.
(2) 
Civil penalties may be imposed consecutively. Each week that a violation is found to have existed after service of the notice specified in Subsection A above shall constitute a separate, additional violation and may result in the imposition of a separate civil penalty.
(3) 
Right to be heard prior to the imposition of any civil penalty. No civil penalty shall be imposed under the provisions of this subsection unless and until the responsible party or parties have been provided with the opportunity to be heard and to present evidence in support of any claim that such penalty should not be imposed in whole or in part. The Town Board shall set forth by resolution the particular procedures attendant to the particular case to ensure that due process has been afforded the responsible party or parties. The Town Board may, in its sole discretion, designate a hearing officer to conduct such hearing, evaluate all of the evidence and submit a recommendation to the Town Board prior to the imposition of any civil penalty.
F. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this § 235-10, the Code Enforcement Officer may prevent the occupancy of said building or land.
G. 
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Montgomery may take necessary corrective action, the cost of which, including all the Town's reasonable attorney's fees and other reasonable expenses, shall become a lien upon the property and shall be collected in the same manner as other Town taxes.
The Town of Montgomery may require any person undertaking land development activities regulated by this § 235-10 to reimburse the Town's reasonable costs for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Montgomery or performed by a third party for the Town of Montgomery, all per the Town's Fee Schedule as amended from time to time.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
A. 
In all districts:
(1) 
Accessory buildings, including garages, if detached from a main building, shall be at least 10 feet from the main building.
(2) 
A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3) 
Accessory buildings, including private garages, shall not be placed within a required front yard nor a required side yard.
(4) 
An access driveway may be located within a required yard.
(5) 
Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage, or any other use, except as specifically allowed on a limited basis as specified by the Planning Board during the site plan approval process. All such parking areas shall be provided with a turnaround so that vehicles are not required to back out into a street, except where otherwise specifically approved by the Planning Board for properties having access to minor streets and/or Town streets or highways.
(6) 
The storage of manure or odor- or dust-producing substances as accessory uses shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
(7) 
The following provisions shall apply to all forms of animal husbandry except for animals which are kept as household pets:
(a) 
All shelters provided for livestock and fowl shall be at least 50 feet from any property line and 150 feet from front lot line, and all shelters provided for fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to provided that the addition shall not encroach on a required yard.
(b) 
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
(c) 
The Building Inspector/Code Enforcement Officer shall issue a violation under this chapter for inadequate fencing for the second fence breach occurring for any one property within any one twelve-month period where both such breaches are a result of inadequate construction or maintenance of any portion of such fence.
(d) 
A minimum lot size of three acres is required for general agricultural uses, including one head of livestock, with an additional 1/2 acre required for each additional head of livestock up to 10 acres. Properties in excess of 10 acres have no limitations other than as elsewhere set forth in this chapter and other than the requirement that all farming practices be in accord with sound agricultural practices as from time to time determined by the Building Inspector/Code Enforcement Officer of the Town of Montgomery and/or by the New York State Department of Agriculture and Markets.
(e) 
All animals shall be contained by fence or restrained within the boundaries of the owner's property.
B. 
Accessory off-street parking areas shall not be placed within a required front yard, or within a required side yard except for use by single-family, two-family or townhouse lots including accessory dwelling units for such uses.
C. 
In residential districts, accessory off-street parking areas shall not be placed within a required front yard, or within a required side yard except for use by single-family, two-family or townhouse lots including accessory dwelling units for such uses.
[Amended 10-6-2022 by L.L. No. 10-2022]
D. 
Additionally, the area of each lot between the building site and the public street must contain land that is usable for customary vehicular access to and from the public street.
[Amended 4-18-2022 by L.L. No. 6-2022]
A. 
In all districts, the lot frontage at the street line shall not be less than 40 feet at any point between the front lot line and the point at which the lot width is measured as elsewhere set forth in this chapter, except in the RM-1 District where lot frontage at the street line shall not be less than 20 feet for single-family attached dwellings, except in a planned adult community (PAC) and/or in a clustered subdivision where the lot frontage requirements shall be prescribed by the Planning Board during the review of those types of projects. Additionally, the area of each lot between the building site and the public street must contain land that is usable for customary vehicular access to and from the public street.
B. 
For purposes of calculating minimum lot area or maximum lot coverage for residential and nonresidential uses, or for calculating residential density, the following areas shall be subtracted from the gross lot area of a parcel:
(1) 
Utility rights-of-way and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities of 69 kilovolts or greater, or within a designated street line, shall not be counted as part of any minimum lot area requirement.
(2) 
Land under water (applicable prior to development). One hundred percent of that portion of a lot subject to the following shall not be counted as part of any minimum lot area requirement: ponds, freshwater wetlands regulated by the Army Corps of Engineers; streams; and any freshwater wetland regulated by the New York State Department of Environmental Conservation.
(3) 
Floodplains. Fifty percent of any land contained within the 100-year floodplain as designated on Federal Emergency Management Agency maps shall not be counted as part of any minimum lot area requirement.
(4) 
Steep slopes (applicable prior to development). Fifty percent of the horizontal land area containing slopes with a grade in excess of 25% and 100% of the horizontal land area containing slopes with a grade in excess of 50%. Except as otherwise directed by a competing provision herein, grades shall be measured utilizing contours vertically separated by no more than two feet.
(5) 
Rock outcrops (applicable prior to development). Fifty percent of the horizontal area with rock outcrops larger than 50 square feet each.
A. 
Nothing herein contained shall restrict the height of agricultural accessory buildings such as barns and silos or of the following accessory structures: church spires, cupolas, domes, belfries, clock towers, flagpoles, chimney flues, elevators or stair bulkheads, water tanks, air-conditioning or heating units, stage towers or scenery lofts, or similar roof-mounted rails, parapets, screens or structures, exclusive of utility transmission lines, utility towers, radio towers, telecommunication towers and television towers.
B. 
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1) 
Have a lot coverage in excess of 10% of the lot area.
(2) 
Be used for residence or tenancy purposes.
(3) 
Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
(4) 
Have a roof coverage in excess of 15% of the roof area.
A. 
The following accessory structures may be located in any required front or rear yard:
(1) 
Awning or movable canopy not exceeding 10 feet in height.
(2) 
Open arbor or trellis.
(3) 
Retaining wall, fence or masonry wall, pursuant to § 235-11.7.
(4) 
Unroofed steps, patio or terrace not higher than one foot above ground level.
(5) 
Freestanding signs as provided elsewhere in this chapter.
B. 
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
(1) 
An unroofed balcony, projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
C. 
Every part of a required yard shall be open to the sky unobstructed, except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and for ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D. 
Open or lattice-enclosed fireproof fire escapes or stairways required by law projecting into a yard not more than four feet and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E. 
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F. 
In all residential agricultural and residential districts where 25% of the buildings on the same side of a street as a proposed new building, and within 200 feet thereof, have a front yard setback greater than the minimum provided herein, then the minimum front yard setback shall be equal to the average setback distance of the other buildings, but in no event shall the required setback distance be greater than 10 feet more than the minimums provided in this chapter. This section shall not apply to the required side yard on the street side of a building.
G. 
Front yard setback overlay district for various public highways in all districts.
(1) 
Unless a greater setback requirement is prescribed in the Table of Dimensional Regulations for Residence and Agricultural Districts, Row 5, and the Table of Dimensional Regulations for Business and Industrial Districts, Row 6,[1] front yards abutting all county and state highways, Lake Osiris Road, Berea Road, Barron Road, Neelytown Road, Goodwill Road, Chandler Lane, Kings Hill Road, Stone Castle Road, North Drury Lane, and Beaver Dam Road shall be at least 60 feet in depth, except where the majority of existing primary structures on either side of the road within 300 feet from the intersection of the nearest property line and street line is of a lesser average depth. In such cases, the front yard depth shall be 50 feet or the average of all lot depths within said 300 feet, whichever is greater.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
(2) 
For all new development projects on property fronting on the following public highways: Route 17K from the Town of Newburgh west to the Village of Montgomery, Route 208 from the Village of Walden south to Morrison Place and Route 747 from Route 17K south to the Town of Newburgh, the portion of the front yards located within 55 feet of the center lines of such roads shall be landscaped. Private service or marginal roads (except for access driveways) and parking of vehicles shall not be permitted in these landscaped areas. The fifty-five-foot dimension shall be extended to 65 feet for all properties on Route 17K, Route 208 and Route 747 which lie within 350 feet of the intersecting center lines of the following street intersections:
(a) 
Route 208 and Route 17K.
(b) 
Route 208 and Coleman Road.
(c) 
Route 208 and Bracken Road.
(d) 
Route 208 and Goodwill Road.
(e) 
Route 208 and Bailey Road.
(f) 
Route 208 and Route I-84 ramps.
(g) 
Route 208 and Henry Henning Drive.
(h) 
Route 208 and Neelytown Road (CR 99).
(i) 
Route 17K and Bracken Road.
(j) 
Route 17K and Berea Road and Barron Road.
(k) 
Route 17K and Coldenham Road (CR 75).
(l) 
Route 17K and Browns Road and Maple Avenue.
(m) 
Route 17K and Stone Castle Road and Route 747.
(n) 
Route 17K and North Drury Lane.
(o) 
Route 208 and Hawkins Drive.
(p) 
Route 17K and Bailey Road.
H. 
A front lot line and required front yard for property facing two or more streets shall be all the lines and all of the yards fronting on said street. The lot line and yard opposite one of the front lot lines shall be the rear lot line and rear yard. For a lot that extends behind another lot, the front yard shall be measured from both the public street and, in addition thereto, from the common lot line between the front and rear lots.
[Added 10-6-2022 by L.L. No. 10-2022]
A. 
In all districts, the least horizontal dimension of an inner court at its lowest level shall not be less than the larger of the following two dimensions:
(1) 
One third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Fifteen feet.
B. 
In all districts, the least width of an outer court at its lowest level shall not be less than the largest of the following three dimensions:
(1) 
One third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Two thirds of the horizontal depth of such court.
(3) 
Fifteen feet.
C. 
In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.
A. 
In the layout of a development of garden apartments or other multifamily houses on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound having a ground coverage equal to that of a principal building.
B. 
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C. 
Minor accessory buildings shall meet the requirements of § 235-11.1.
On a corner lot in any district within the triangular area determined as provided in this section, no wall or fence or other structure (except agricultural open wire fence) shall be erected to a height in excess of two feet; and no vehicle, object or any other structure of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except those trees whose branches are trimmed away to a height of at least 10 feet above the curb level or pavement level where there is no curb shall be permitted. Such triangular area shall be determined by two points, one on each intersecting pavement line, each of which points is 50 feet from the intersection of such street lines.
A. 
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values, and to contribute to the general welfare.
B. 
Minimum schedule for floor area. Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet and six inches in conformity with the following schedule and with other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.
Type of Residence Building
Minimum Required Floor Area Per Family
(square feet)
Single- and two-family detached dwelling
900
Multiple dwelling
500
Accessory dwelling
400 square feet of heated living space or such greater minimum area as may be required under applicable federal, state and local laws, codes, rules and regulations; with a maximum of the lesser of 750 square feet of heated living space or 33.33% of the heated living space of the primary residence
C. 
First floor area of a dwelling. The minimum first floor enclosed area of a dwelling, exclusive of garage or other accessory building, shall be 750 square feet and its least overall dimension shall be 20 feet.
[Amended 10-6-2022 by L.L. No. 10-2022; 11-3-2022 by L.L. No. 13-2022]
A. 
Purpose and intent. The purpose and intent of this section is to promote the health, safety and general welfare of the public by prescribing natural or landscaped transitional buffer areas for the purpose of screening noise, vibration, odors and views of proposed land uses from existing or future incompatible or unharmonious land uses of varying intensity as well as from public roads.
B. 
Buffers required. Prior to approving any subdivision, site plan or special use permit, the Planning Board shall require buffers consistent with this section, or in any other area deemed necessary and appropriate by the Planning Board to serve the intent of this section.
C. 
The provisions of this section shall not apply to a farm or agricultural operation located in a New York State Agricultural District.
D. 
Pavement of buffer prohibited. No buffer shall be paved or interrupted, except for access drives travelling approximately perpendicular (except as required pursuant to § 235-11.9K) to the buffer as necessary to access interior parts of the lot from outside of the lot. Such accesses shall be limited to the number and minimum width necessary to provide adequate and safe access. Utility connections shall be routed through areas not requiring buffers or proposed for access drives unless otherwise authorized by the Planning Board.
E. 
Any usage of buffer not specifically authorized deemed prohibited. The buffer area shall not be used for any principal or accessory use, drainage, parking, or utilities including the overhang of parked vehicles, storage of product of any kind, recreation or stormwater management facilities. The Planning Board may permit rain gardens and other densely planted stormwater management if same does not undermine the ability to serve the intent of these provisions. Additionally, the Planning Board may permit underground septic facilities and underground or overhead utility connections through buffer areas, but shall require such areas to be suitably landscaped after installation of such utilities and maintain that landscaping on an ongoing basis to serve the intent of these provisions.
F. 
Declaration of restrictive covenant and maintenance agreement required. The Planning Board may require a declaration of restrictive covenant and maintenance agreement for any buffer of Grade C, D, or E, or in any other instance in which it finds necessary to guarantee the protective qualities of buffers on an ongoing basis. Any covenant or agreement shall be prepared to the satisfaction of the Town and Planning Boards upon advice of their respective attorneys.
G. 
Determination of required buffers. In order to determine the type of buffer required (if any) along each segment of exterior lot line of a development site, the following steps shall be taken:
(1) 
Identification of land use intensity classification of the proposed development. Table 235-11.9-A[1] should be consulted to determine the land use intensity classification for the principal use proposed for the site. Where more than one principal use is proposed for the site, the highest land use classification shall be assigned.
[1]
Editor’s Note: Said table is included as an attachment to this chapter.
(2) 
Division of exterior lot line into segments. The exterior lot line(s) of the subject site shall be divided into segments, so that each segment divides the subject property from a single adjacent lot or from an adjacent road. Where the adjacent lot is vacant, that segment shall be further divided where the zoning district designation of the adjacent lot changes along that segment (if applicable). Where an accessory residence (such as a farmstead) exists on an adjacent lot, the segment shall be further divided into the portion within 200 feet of the residence and the portion more than 200 feet from the residence.
(3) 
Identification of adjacent land use classifications and road ownership. Table 235-11.9-A shall be consulted to determine the land use intensity classification for the existing principal use of each adjacent lot and assign it to the corresponding lot line segment. Where more than one principal use exists on an adjacent lot, the lowest land use classification for a principal use shall be assigned to the corresponding lot line segment. Lot line segments within 200 feet of an accessory residence shall be assigned land use classification II. Where a segment is adjacent to a road, the ownership of the road shall be noted.
(4) 
Identification of required buffer grade. In order to determine the buffer required (if any) along each segment of the project site periphery, the column of Table 235-11.9-B[2] corresponding to the proposed land use intensity classification of the subject property as determined in § 235-11.9G(1) shall be consulted. The required buffer (if any) is determined by matching that column with the row corresponding to the land use classification or road ownership corresponding to each lot line segment as determined by § 235-11.9G(3). For segments adjacent to vacant land, the buffer grade shall be assigned based on the zoning of the vacant land.
[2]
Editor’s Note: Said table is included as an attachment to this chapter.
H. 
Buffer design and dimensions. Required buffers are divided into five grades: A through E. The required dimensions and suggested design of each buffer grade is prescribed in Table 235-11.9-C[3] and are described hereafter:
(1) 
Width: This is the minimum width of the required buffer for a given segment.
(2) 
Additional required yard: Where an additional required yard is prescribed in Table 235-11.9-C, the yards and setbacks required pursuant to § 235-4.3 shall be increased by the amount of the additional required yard as prescribed for that segment of the lot line. For example, if a particular lot requires a fifty-foot rear yard setback, and a fifty-foot additional required yard is required along a portion of the rear lot line, the required rear yard setback shall be increased to 100 feet from the rear lot line for that segment of the rear lot line. The Planning Board may reduce or eliminate any additional required yards for lots of less than two acres and may reduce any additional required yards for lots of less than 10 acres by up to 50% where it determines that imposition of the additional required yard would impose practical difficulties on the orderly development of the lot and where doing so is consistent with the intent of this section.
(3) 
Density of plantings and suggested screening structures. The Planning Board in consultation with its landscape architect, will require retention, supplementation or removal and replacement of vegetation and screening structures as is necessary to achieve the following screening objectives for the prescribed grade of buffer. The number of plantings and suggested types of screening structures described in Table 235-11.9-C shall be deemed a suggested minimum design target for achieving these objectives.
(a) 
Grade A. Grade A buffers are intended to provide partial visual screening.
(b) 
Grade B. Grade B buffers are intended to provide significant visual screening for persons standing at grade in proximity to the property line, and modest screening from more distant or elevated viewpoints.
(c) 
Grade C. Grade C buffers are intended to provide substantial visual screening from all viewpoints and modestly increased setbacks to reduce perceptible noise, odor and vibration.
(d) 
Grade D. Grade D buffers are intended to provide substantial visual screening from all viewpoints and provide sound-mitigating structures and substantially increased setbacks to reduce perceptible noise, odor and vibration.
(e) 
Grade E. Grade E buffers are intended to completely visually screen a site from all viewpoints and provide sound-mitigating structures and substantially increased setbacks to reduce perceptible noise, odor and vibration.
(4) 
Screening structures required. For Grade D and E buffers, the Planning Board shall require screening structures of the types indicated in Table 235-11.9-C, or equivalent alternative structures for the purpose of further reducing visibility and sound, except where it determines that such structures are not necessary to serve the intent of this section.
[3]
Editor’s Note: Said table is included as an attachment to this chapter.
I. 
Waiver for open undeveloped areas. Where only a portion of a lot is proposed to be developed and any lot line is located more than 500 feet from areas proposed for construction or permanent use, the Planning Board may waive the requirements to provide a buffer along that lot line if it determines that the buffer is unnecessary to serve the intent of this section due to the character of intervening lands or other relevant extenuating circumstances.
J. 
Special requirements relevant to proposed Tier X intensity classifications. Any proposed land use that has a land use intensity classification of X shall be required to meet the following additional requirements:
(1) 
Access drives. Access drives shall incorporate winding routes, fencing, berms and topography to screen direct views into the site from any public right-of-way.
(2) 
A screening structure meeting the Grade E requirements of Table 235-11.9-C shall be provided along all public rights-of-way. The Planning Board, upon advice of its landscape architect, may permit a solid hedge of evergreen vegetation in lieu of the screening structure, but such hedge shall be subject to ongoing maintenance requirements as are necessary to maintain its health over time.
K. 
Context sensitivity of design. Landscape designs shall be in harmony with the environmental context of the site. Preservation and appropriate supplementation of native, on-site vegetation shall be a primary objective of designing buffers. Where natural vegetation provides adequate buffering to serve the intent of this chapter, it shall remain undisturbed, with no removal of lower limbs or undergrowth except as required to maintain the health and vigor of the vegetation. Where located adjacent to overhead utility lines, no canopy trees shall be permitted. Supplemental shrubs and understory vegetation will be required in place of canopy trees at an amount determined by the Planning Board at the advice of its landscape architect.
L. 
Buffer location flexibility. The Planning Board may allow the buffer to be set back from and interior to the lot line of the site, at the limits of construction disturbance, the limits of permanent principal and accessory use of the site, or any point between or combination of the foregoing which will best serve the intent of this section. Where the buffer is set back from the property line, it shall generally meet buffer grade requirements for the closest lot line segment. Irrespective of the buffer location, additional required yards prescribed in § 235-11.9H(2) shall be measured from lot lines.
M. 
Competing provisions. Various other sections of the zoning chapter may prescribe screening or landscaping in areas of a site for which this section also prescribes screening or landscaping. Unless otherwise specifically indicated, standards for landscaping, fencing, screening or buffering contained in other sections of this zoning chapter shall not be deemed to supplant these requirements, nor shall these requirements be deemed to supplant the requirements of other sections of this zoning chapter, which shall be separately met. Where competing provisions cannot be separately met, the Planning Board shall require that which is most protective of the public health, safety and general welfare.
A private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A. 
Such a pool shall not be located in any required side yard or required front yard.
B. 
The entire portion of the premises upon which such a pool is located shall be entirely enclosed with a good quality chain-link wire or equally sturdy fence of not less than four feet in height with a maximum vertical clearance to a grade of two inches.
C. 
Every gate or other opening in the fence enclosing such a pool shall be kept securely closed and locked at all times when said pool is not in use. Such gate shall have a self-closing/self-latching mechanism.
D. 
Such a pool shall not be less than 10 feet from side and rear lot lines, and on lots with a width of 50 feet or less, the pool shall be located midway between the side lot lines.
E. 
If the water for such a pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
F. 
If the water for such a pool is supplied from the public water supply system, the inlet shall be above the overflow of said pool.
G. 
Such a pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to private swimming pools, and to the New York State Uniform Fire Prevention and Building Code, as amended.
H. 
No permit shall be granted for the installation or construction of said swimming pool unless the plans of said pool shall meet the minimum construction requirements of the municipality, and unless the Municipal Engineer, or a licensed professional engineer of New York State, has certified that the drainage of such a pool is adequate and will not interfere with the public water supply system with existing sanitary facilities or with the public streets.
I. 
Underwater lighting and other electrical systems shall only be installed in accordance with the provisions of the National Electrical Code for such lighting and systems.
These uses, permitted in all districts in addition to other permitted, special exception or accessory uses on the same lot, consist of water and sewer pump stations, electric distribution boxes, "hand holds," telephone distribution boxes and subscriber loop carriers.
A. 
Such facilities must be located on private property and at least 20 feet off the traveled way and center line of a drainageway adjacent to a public road.
B. 
Such facilities shall be at least five feet from a side or rear lot line.
C. 
Site plan approval shall be required, and the applicant may be required to establish appropriate screening as directed by the approval agency.
D. 
All such uses shall be located at least 125 feet from the point at which center lines of two or more streets intersect.
E. 
Should such uses be proposed during the normal subdivision or site plan approval process for a principal permitted use, approval may be granted by the Planning Board during such process and no separate application to the Planning Board shall be required.
F. 
Such uses shall not include underground water, sewer, gas, electric, cable TV or telephone lines required to serve as distribution lines for adjacent parcels, nor shall they include utility distribution poles or light poles which may be located within public rights-of-way subject to the Highway Department or local legislative body having jurisdiction.
A. 
Purpose and intent.
(1) 
Solar energy is a renewable and nonpolluting resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.
(2) 
The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary component of the Town of Montgomery's current and long-term sustainability needs.
(3) 
This section aims to promote the accommodation of solar energy systems and equipment and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation. In particular, this legislation is intended to apply to all rooftop, building-mounted, ground-mounted, and pole-mounted solar energy system installations.
B. 
Definitions. As used in § 235-11.12, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise. The definitions contained in § 235-3 shall also apply.
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
A solar energy system that consist of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
DUAL-USE SOLAR SYSTEM
A configuration where solar energy generation and agricultural production (crops, livestock and livestock products and activities as defined by the Agriculture and Markets Law) are directly integrated within the same land.
[Added 10-6-2022 by L.L. No. 11-2022]
FLUSH-MOUNTED SOLAR PANEL
A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of § 235-11.12.
GLARE
The effect produced by reflections of light in intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
NET-METERING
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
PERMIT GRANTING AUTHORITY
The Town of Montgomery Building Department, which is charged with granting permits for the operation of solar energy systems.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installation and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Building Inspector or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
SETBACK
The distance from a front lot line, side lot line, or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
SMALL-SCALE SOLAR
Solar energy equipment/systems that are designed to produce up to 10 kilowatts (kW) per hour of power and built to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, and not intended for wholesale or retail sale of electricity.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of § 235-11.12, a solar energy system does not include any solar energy system of four square feet in size or less.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR STORAGE BATTERIES
A battery attached to any type of solar energy system for the purpose of storing energy.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
SOLAR-THERMAL SYSTEMS
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
UTILITY-SCALE SOLAR
Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity for off-site customers or consumption. A utility-scale solar facility is not to be construed as a public utility for purposes of the Zoning Law of the Town of Montgomery.
C. 
Applicability.
(1) 
The requirements of § 235-11.12 shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this chapter.
(2) 
Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this chapter shall not be required to meet the requirements of this chapter. Further, the provisions of this chapter shall not apply to any application pending before the Town of Montgomery Planning Board which includes any solar energy equipment/system and/or solar panel for which a Planning Board public hearing has been duly noticed and opened by the Planning Board. Otherwise, the provisions of this chapter shall apply to all other applications filed with the Town of Montgomery which include any solar energy equipment/system and/or solar panel.
(3) 
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the State Building Code and the Town Code.
(4) 
Solar collectors, unless part of a utility-scale solar facility, shall be permitted only to provide power for use by owner, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit "collective solar" installation or the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
D. 
Small-scale solar facility regulations.
(1) 
No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with § 235-11.12D.
(2) 
Rooftop and building-mounted solar collectors. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:
(a) 
Building permits shall be required for installation of all rooftop and building-mounted solar collectors.
(b) 
Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district.
(c) 
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors.
[1] 
Additionally, installations shall provide for adequate access and spacing in order to:
[a] 
Ensure access to the roof;
[b] 
Provide pathways to specific areas of the roof;
[c] 
Provide for smoke ventilation opportunity areas; and
[d] 
Provide emergency egress from the roof.
[2] 
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced to:
[a] 
Unique site-specific limitations;
[b] 
Alternative access opportunities (as from adjoining roofs);
[c] 
Ground level access to the roof area in question;
[d] 
Other adequate ventilation opportunities when approved by the Town Building Inspector;
[e] 
Adequate ventilation opportunities afforded by panel set back from other rooftop equipment (for example, shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[f] 
Automatic ventilation device; or
[g] 
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
[3] 
In the event any of the standards in this Subsection D(2)(c) are more stringent than the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be installation guidelines only and the standards of the State Code shall apply.
(3) 
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.
(4) 
Freestanding or ground-mounted solar energy systems. Freestanding or ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:
(a) 
Building permits are required for the installation of all ground-mounted and freestanding solar collectors;
(b) 
In all residential zoning districts, including mobile home parks, the minimum setback for small-scale freestanding or ground-mounted solar energy shall meet the applicable setback requirements for accessory structures for the applicable residential zoning district;
[Amended 10-6-2022 by L.L. No. 11-2022]
(c) 
In all residential zoning districts, including mobile home parks small-scale freestanding or ground-mounted solar energy systems may only be installed in a rear yard or side yard, unless the landowner can demonstrate that it is only practical to locate the system in the front yard and that such system can be appropriately screened from neighboring properties as determined by the Planning Board;
[Amended 10-6-2022 by L.L. No. 11-2022]
(d) 
In all commercial, interchange, and industrial zoning districts, the minimum setback for small-scale freestanding or ground-mounted solar energy systems shall be 100% of the applicable setback requirements for accessory structures for the applicable commercial, interchange, or industrial zoning district, subject to the more restrictive front yard setback set forth in § 235-11.12D(4)(e);
(e) 
In all business and industrial zoning districts, small-scale, freestanding or ground-mounted solar energy systems may be installed in the rear, side, or front yard; however, such systems may be installed in the front yard with a minimum setback of 50 feet except that in the RA-0.5 and I-1 Zoning Districts, the front yards shall be the same as the minimum amounts required for said zone and in the RA-1 Zoning District the front yard requirement shall be the same as the most restrictive amount provided in the applicable bulk table;
[Amended 10-6-2022 by L.L. No. 11-2022]
(f) 
The setback requirements shall be measured from the closest point of any part of the solar energy equipment to the property line, including, but not limited to, the solar panel surface or any appurtenant equipment;
(g) 
The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt;
(h) 
Ground-mounted and freestanding solar collectors shall be screened from adjoining lots and street rights-of-way through the use of screening devices such as architectural features, earth berms, landscaping, fencing, or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors;
(i) 
Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors;
(j) 
Solar energy equipment shall not be sited within any required buffer area, or open lands included as part of a cluster subdivision pursuant to the Town of Montgomery Zoning Law;
(k) 
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant § 235-16.5;
(l) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(4)(l), regarding a stipulation for calculating whether the lot meets maximum permitted lot coverage requirements, was repealed 10-6-2022 by L.L. No. 11-2022.
(m) 
The installation of ground-mounted and freestanding solar collectors shall be considered a land development activity for purposes of § 235-10, Stormwater Management and Erosion and Sediment Control, of this chapter.
(5) 
Solar-thermal systems. Solar-thermal systems are permitted in all zoning districts subject to the following conditions:
(a) 
Building permits are required for the installation of all solar-thermal systems;
(b) 
Ground-mounted and freestanding solar-thermal systems shall be subject to the same requirements set forth in § 235-11.12D(4) above as for ground-mounted and freestanding solar collectors.
(6) 
Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:
(a) 
Weight load;
(b) 
Wind resistance;
(c) 
Ingress or egress in the event of fire or other emergency.
(7) 
Solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
E. 
Small-scale solar facility safety and removal.
(1) 
All solar collector installations must be performed by a qualified solar installer.
(2) 
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
(3) 
Any connection to the public utility grid must be inspected by the appropriate public utility.
(4) 
Solar energy systems shall be maintained in good working order.
(5) 
Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.
(6) 
If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.
(7) 
If the use of small scale solar equipment/system ceases for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.
(8) 
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. In the event any of the standards in this § 235-11.12E(8) for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be guidelines only and the standards of the State Code shall apply.
F. 
Utility-scale solar facility regulations.
(1) 
Applicability.
(a) 
A special use permit and site plan review by the Planning Board shall be required for all utility-scale solar energy systems.
(b) 
In order to promote innovative design and encourage the inclusion of alternative energy systems within the overall design of a building, solar energy systems determined by the Code Enforcement Officer to be building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this section. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.
(2) 
Applications, permits and approvals required and applicable zoning district.
(a) 
Utility-scale solar facilities are permitted especially in all zoning districts in the Town of Montgomery except for land areas in residential or agricultural zoning districts where more than 30% of land to be disturbed by the solar energy system has been classified as having NRCS Class I or Class II soils, unless said system is classified as a dual-use system in which event this restriction shall not apply, and subject to compliance with the application review and approval process set forth in § 235-11.12F in compliance with all other applicable Town, state and/or federal requirements.
[Amended 10-6-2022 by L.L. No. 11-2022]
[1] 
Utility-scale solar facilities shall be sited to avoid productive farmland, steep slopes, ridgelines, wetlands and may not be erected on lands that are permanently designated as open space. In connection with its analysis of productive farmland, the Planning Board shall require the soil types and classifications, such as "prime" and "lands of importance," and current agricultural uses be provided. For the purpose of this chapter, productive farmland shall be analyzed against the following uses provided in their order of importance to the Town:
[a] 
Active rotational farmland.
[b] 
Permanent hayland.
[c] 
Improved pasture.
[d] 
Unimproved pasture.
[e] 
Other support land.
[f] 
Abandoned farmland.
[2] 
Utility-scale solar facilities shall not be permitted within 10 feet of any ridgelines of slopes exceeding 15%. Said slope shall be determined by a slope analysis plan that shall be prepared by the applicant and/or owner at the direction of the Planning Board Engineer. The slope analysis plan shall identify all slopes on the project site and shall calculate an average slope of the project site. A project site shall be defined as the area where construction is proposed. A "ridgeline" shall be defined as an edge or shelf formed below a ridge top by the intersection of a hillside that has an average slope of at least 15% over an increase in elevation of at least 20 feet with land with a slope of less than 10% or by land that slopes in the opposite direction. "Ridge top" shall be defined as the crest of a long hill that has at least one side with an average slope of at least 15% over an increase in elevation of at least 20 feet.
[3] 
All applications for utility-scale solar energy systems shall be accompanied by an application for special use permit and site plan review, and all applicable fees as may be established by Town Board resolution. Both site plan and special use permit reviews and approvals are required. The Planning Board shall, however, concurrently review the site plan and special use permit applications.
(b) 
The Town shall require any applicant to pay all associated costs for any application review, including but not limited to engineering, legal, environmental, planning, and the review required under SEQRA.
(c) 
In the event an owner or developer of a utility-scale solar facility provides written notification pursuant to New York Real Property Tax Law § 487(9)(a) to any taxing jurisdiction of its intent to construct such utility-scale solar facility, the Planning Board shall simultaneously be provided a copy of such notification by such owner or developer as part of any special use permit and site plan application hereunder, and in such event, the special use permit and site plan application shall not be complete until such written notification is provided to the Planning Board. The owner or developer must also provide a copy of such written notification under New York Real Property Tax Law § 487(9)(a) to the Town Clerk and to the Town Board. Said written notification shall not be deemed submitted as required to effectuate notice pursuant to New York Real Property Tax Law § 487 (9)(a) unless the written notice references the correct owner and associated address and section block and lot parcel number. It is the intent of the Town of Montgomery to require a contract for payment in lieu of taxes for all utility-scale solar facilities. The PILOT yearly payment amount may be set by Town Board resolution and shall be determined and approved by the Town Board for each project.
(d) 
All applications for utility-scale solar energy systems shall include the following:
[1] 
A completed application form, which shall expressly state that all utility-scale solar facilities shall be subject to an agreement for payment in lieu of taxes to the Town of Montgomery.
[2] 
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval.
[3] 
An electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices identified.
[4] 
Documentation of access to the project site(s), including location of all access roads, gates, and parking areas.
[5] 
A land grading and vegetation clearing plan, and a cut and fill analysis plan, shall be prepared. Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed to provide, to the maximum extent possible, for the preservation of natural vegetation in large unbroken blocks that also allows for contiguous vegetated spaces to be established when adjacent parcels are developed. In addition, for dual-use systems, a farm plan shall be prepared by a qualified agricultural expert that is deemed acceptable by the Planning Board. This plan shall adequately demonstrate the feasibility of an agricultural operation within the area of the solar array infrastructure including the use of and access necessary to provide water, labor and equipment necessary to facilitate such dual-use system.
[Amended 10-6-2022 by L.L. No. 11-2022]
[6] 
A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (stormwater pollution prevention plan) shall be prepared as per NYSDEC requirements to detail stormwater runoff management and erosion control plans for the site, and all local stormwater regulations shall be complied with.
[7] 
Documentation of utility notification, including an electric service order number.
[8] 
Decommissioning plan and description of financial surety that satisfies the Town that all required improvements shall be made for utility-scale systems only. For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.
[9] 
Photo simulations shall be included showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specifications and photographs of the proposed solar energy system, solar collectors, and all other components.
[10] 
Part I of the Full Environmental Assessment Form completed and signed.
[11] 
Details of the proposed noise that may be generated by inverter fans. The Planning Board may require a noise analysis to determine potential adverse noise impacts.
[12] 
Compliance with all of the general standards for all special use permits and site plan approvals as set forth elsewhere in this chapter.
(3) 
General provisions. All applications for utility-scale solar energy systems shall be in accordance with the following:
(a) 
All utility-scale solar energy systems shall adhere to all applicable Town of Montgomery building, plumbing, electrical, and fire codes.
(b) 
A utility-scale solar energy system shall not occupy greater than 45% of the total acreage of the parent parcel or 80% for dual-use systems in all residential, business and industrial zones with a maximum of 20 acres of solar panel systems on any one parcel, unless such system is a dual-use solar system in which instance the maximum will be 40 acres. A parent parcel shall not be subdivided to create independent lots for the purpose of proposing more than one utility-scale energy system unless such a system is a dual-use solar system and the Planning Board finds that based upon the evidence submitted the subdivision is necessary to achieve agricultural productivity of such a dual-use solar system. For any system, the percentage of total acreage that is appropriate shall be determined by the Planning Board based upon the specific type of solar farm being proposed. The percentage of lot coverage for utility solar shall be measured based upon the perimeter of the total fenced in area that the solar equipment is situated and will not include any required setbacks or buffers and shall not be based on each individual panel and/or equipment. If such system is a dual-use solar system, the percentage of lot coverage will be based upon the area upon which the solar equipment is situated, not including the area between the solar equipment and perimeter fence.
[Amended 10-6-2022 by L.L. No. 11-2022]
(c) 
Development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Montgomery or other federal or state regulatory agencies. Applicants shall use the adopted Town of Montgomery Comprehensive Plan, along with other site information, to identify and describe how the proposed utility-scale solar energy system shall avoid or mitigate adverse impacts to these resources. Lands which have the highest ecological values as evidenced by large, contiguous areas of forest, undisturbed drainage areas, wetlands, or NYSDEC-identified critical habitats or rare plant and animals populations shall be avoided.
(d) 
In all zoning districts, the minimum setback for any component of the utility-scale solar energy system shall be as follows:
[1] 
Front yard, a minimum setback of 50 feet must be maintained from the front property line in all zoning districts.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2] 
Rear and side yard, 100% of the applicable setback requirements for primary structures for the applicable zoning district must be maintained.
(e) 
Any site containing a utility-scale solar energy system shall be enclosed by perimeter fencing at a height of seven feet to restrict unauthorized access, and if such system is a dual-use solar system, the height of the perimeter fencing may be increased as necessary to protect the agricultural component of the project. If such a system is a dual-use solar system, all setback areas can be included within the perimeter fence to ensure efficient agricultural operations. For utility-scale systems, said fencing shall incorporate adequate wildlife openings for smaller mammals and rodents to pass.
[Amended 10-6-2022 by L.L. No. 11-2022]
(f) 
Previously cleared or disturbed areas are preferred locations for solar panel arrays. Additional land clearing of trees that are six inches in diameter at breast height or greater to accommodate a proposed utility-scale solar energy facility may be permitted, subject to the following conditions:
[1] 
Clearing of trees covering an area of 15% of total lot acreage for utility-scale systems and 25% for dual-use systems may be completed without mitigation except that such tree clearing shall not apply to any screening requirements imposed by the Planning Board and the Planning Board retains full authority to require buffering and/or screening on such properties as it deems necessary or as required by the Town Code.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2] 
Clearing of trees covering an area in excess of 15% of the total parcel acreage but no more than 25% of the total parcel acreage for utility and 25% of the total parcel acreage for dual-use systems may be completed provided that the excess acreage cleared shall be offset by planting trees of an equivalent variety and coverage on the same lot and/or adjacent lot under common ownership. The percentage of tree clearing shall be determined by the Planning Board and shall be based upon the percentage necessary to conduct the particular type of solar farm being proposed. If offsetting tree planting occurs, the Planning Board may impose restrictions on future clearing of trees on the subject lot(s) as deemed appropriate.
[Amended 10-6-2022 by L.L. No. 11-2022]
[3] 
The clearing of any tree listed on the New York State Big Tree Register maintained by the New York State Department of Environmental Conservation is prohibited.
(g) 
Vegetation shall be maintained below the arrays. All solar facilities must follow herbicide protocol as determined and set by the Town Planning Board. Such herbicide policy shall be applied on a fact-specific basis as determined by the Town Planning Board.
(h) 
The solar facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to avoid to the maximum extent possible visual impacts as viewed from i) publicly dedicated roads and highways; and/or ii) existing residential dwellings located on nearby parcels, including, but not limited to, contiguous parcels, adjacent parcels and/or parcels located across a street, road, or public right-of-way from the solar facility. A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town that is capable of screening the site to the maximum extent possible from the aforementioned view sites, shall be provided. All solar facilities shall be situated on the parent parcel such that it allows for maximum screening possibilities. All landscaping for screening purposes shall be installed after a rough grading of the project site has been completed and shall be maintained at all times during and after the construction phase.
(i) 
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(j) 
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color to aid in blending the facility into the existing environment.
(k) 
All transmission lines and wiring associated with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. Financial or economic hardship shall not be considered in determining feasibility or practicality of placing lines or wiring underground. The applicant is required to show the location of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components, for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
(l) 
Artificial lighting of solar energy systems shall be limited to lighting required for safety purposes and shall be shielded from all neighboring properties and public roads.
(m) 
Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations. The manufacturers or installer's identification and appropriate warning signage shall be posted at the site and clearly visible.
(n) 
The average height of the solar panel arrays shall not exceed 20 feet.
(o) 
The parcel on which the utility-scale solar energy system is proposed shall have adequate frontage on a public roadway, and access to the solar energy system must be located on the same parcel.
(p) 
Following construction of a utility-scale ground-mounted solar energy system, all distributed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(q) 
Special use permits granted for utility-scale solar energy systems shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with § 235-11.12 and all conditions of the special use permit, and the Code Enforcement Officer is notified of the property transfer at least 15 days prior thereto.
(r) 
Any post-construction changes or alterations to the solar energy system shall be done by amendment to the special use permit and site plan approval, and subject to the requirements of this chapter.
(s) 
After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
(t) 
Documentation from the utility-scale solar energy system owner verifying that such system is in active operation shall be provided annually on January 15 to the Town of Montgomery Town Clerk and Code Enforcement Officer.
(u) 
Landscaping.
[1] 
Landscape screening shall be provided in accordance with the landscaping provisions of this chapter and as required by the approved final site plan and special use permit. Noninvasive ground cover under and between the rows of solar panels shall be low maintenance, drought resistant, and non-fertilizer-dependent.
[2] 
The Planning Board shall require as a condition to special use permit and site plan approval the filing of acceptable security for a landscaping bond by the owner or operator with the Town in an amount and form acceptable to the Town Board for the purposes of ensuring adequate and appropriate screening and landscaping is completed and maintained by the applicant.
(v) 
Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.
(4) 
Abandonment or decommissioning of utility-scale systems.
(a) 
Utility-scale solar energy systems which have not been in active and continuous service for a period of 12 months shall be deemed abandoned and shall be removed at the owner's or operator's expense. The site shall be restored to as natural as a condition possible within six months of removal.
(b) 
Decommissioning of a site shall occur when a site has been deemed abandoned, ceases to be used for its intended purpose for 12 months, or is deemed to be in a nonoperating state as determined by the Town Engineer or other Town official. Decommissioning shall include removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel. Any access roads created for building or maintaining the systems shall also be removed and replanted with vegetation.
[1] 
The Planning Board shall require as a condition to and prior to granting special use permit and site plan approval the filing of acceptable security by the owner or operator with the Town in an amount and form acceptable to the Town Board for the purposes of removal and restoration. The applicant for any type of solar panel system and/or array as provided herein shall be required to agree, in writing, to remove the system in accordance with § 235-11.12F above and as otherwise provided for in this section.
[2] 
The amount of any decommissioning security shall be no less than 150% of the estimate of total cost of removal of the solar energy system and related facilities and restoration of the site. The amount of such security shall be reviewed every three years by the Planning Board to determine whether the current security amount is adequate. The costs of said review shall be borne entirely by the owner and/or operator.
[3] 
Acceptable forms of security shall include cash or letter of credit that must be maintained in full force and effect, or a combination thereof. A bond shall only be allowed if deemed appropriate by the Town Board.
[4] 
In the event that the facility is not removed within three months of abandonment and/or not restored to a natural condition within six months of abandonment, the Town may proceed with the following:
[a] 
The Town may provide the owner and/or operator with a seven-day notice to comply with this section;
[b] 
The Town may cause the subject solar site to be removed and the site be restored to the natural state using any funds in the decommissioning security funds;
[c] 
Any and all actions necessary to complete the removal and restoration, and all incurred costs of the Town, are the responsibility of the owner and/or operator, and, as such, any costs that exceed the amount of the decommissioning security funds, or in the event that the decommissioning security funds are inaccessible or are otherwise unattainable to be used by the Town, the entire cost of removal and restoration of the subject site, shall be paid to the Town by the owner and/or operator of the site within 30 days of the work's completion. In the event payment is not made by the applicant within 30 days, the Town shall include any charges on the next scheduled billing for property tax on the property on which the system is located.
G. 
Enforcement. In the case of any violation of this section, the Town may institute any appropriate action or proceeding in any court of competent jurisdiction against the landowner and/or operator of the solar energy equipment/system to prevent such unlawful action, to restrain, correct or abate such action, and to compel compliance with the provisions of this section. The relief specified herein may be sought in addition to an action or proceeding for criminal sanctions or civil penalties.
H. 
Building permit fees for solar panels. The fees for all building permits required pursuant to this section shall be paid at the time each building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
I. 
Penalties for offenses. Section 235-16.10 of this chapter applies to violations of this § 235-11.12.
J. 
Solar storage batteries.
(1) 
If solar storage batteries (hereinafter referred to as "batteries") are included as part of the solar power system, batteries must be placed in a secure, waterproof container or enclosure suitable for prolonged exposure to the elements that meets the requirements of the New York State Fire Prevention and Building Code and other applicable laws and regulations when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the State of New York, the Town of Montgomery and other applicable laws and regulations.
(2) 
If batteries are included as part of the solar power system, appropriate fire suppression systems shall be included or proximity to existing fire suppression systems shall be taken into consideration as a part of site plan approval. Said fire suppression systems shall be referred to the local fire department that has jurisdiction over the area where the solar power system is located for comment prior to final site plan approval and shall be notified of the final resolution once adopted by the Planning Board.
K. 
Repair of damage to Town property. If in the course of delivery, installation, maintenance, dismantling, removal or transport of the solar energy system or any components thereof, the property of the Town of Montgomery, including but not limited to roadways, shoulders, drainage structures, signage, guardrails, etc., is damaged by the efforts of the applicant or any agents thereof, the applicant shall within 30 days of the date that damage occurred to completely replace and/or repair the damage to Town property to the satisfaction of the Town.
L. 
Ownership changes. If the ownership of a solar power system operating under a special use permit changes, the special use permit shall remain in full force and effect. All conditions of the special use permit, including cash escrows, letters of credit, bonding and/or continuing certification requirements of the original owner and/or operator shall continue to be obligations of each and every succeeding owner(s) and/or operator(s). However, any change in ownership shall be registered and documented, in writing, with the Code Enforcement Officer of the Town.
[Added 3-16-2022 by L.L. No. 4-2022]
A. 
Purpose and findings.
(1) 
Battery energy storage systems, also referred to herein as "energy storage systems," are an energy resource that complements nonpolluting energy sources such as solar and wind power and therefore reduces fossil fuel emissions. Energy from the grid may be stored when energy demand (and pricing) is low and fed back into the grid when energy demand (and pricing) is high.
(2) 
The use of energy storage systems provides sustainable electricity and energy for heating and/or cooling, and other uses that are powered by electricity, and is an integral component of the Town of Montgomery's current and long-term sustainability goals.
(3) 
This section regulates energy storage systems and equipment and the provision of adequate and convenience of access necessary therefor; establishes standards to ensure adjoining properties are protected when energy storage systems are installed adjacent to or near same, while preserving the ability of a property owner to install energy storage systems in accordance with applicable laws and regulations; and recognizes energy storage systems as a source for current and long-term energy storage and sustainability of local, regional and state energy systems.
B. 
Definitions. As used in this section (§ 235-11.13), the following terms shall have the meanings indicated:
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE SYSTEM
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
(1) 
Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
(2) 
Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
BATTERY(IES)
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically.
CELL
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
(1) 
The building's only use is battery energy storage, energy generation, and other electrical-grid-related operations.
(2) 
No other occupancy types are permitted in the building.
(3) 
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
(4) 
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:
(a) 
The areas do not occupy more than 10% of the building area of the story in which they are located.
(b) 
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
ENERGY CODE
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
FIRE CODE
The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, or R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
C. 
Applicability.
(1) 
The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Montgomery after March 16, 2022, excluding general maintenance and repair.
(2) 
Battery energy storage systems constructed or installed prior to March 16, 2022, shall not be required to meet the requirements of this section.
(3) 
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.
(4) 
This section shall not apply to batteries utilized in consumer products.
(5) 
This section shall not apply to batteries utilized in agricultural equipment or duly registered motor vehicles, regardless of whether those batteries may be utilized to power external devices and appliances.
(6) 
The requirements of this section shall apply to all battery energy storage systems, including those storage systems that may be an element of a larger use, whether permitted as-of-right or by special use permit such as a solar energy system or a data center. Where a battery energy storage system is proposed as an element of another proposed use, all relevant conditions and criteria shall be met, and where competing conditions and criteria are indicated, the most protective of the public health, safety and general welfare shall govern, as determined by the Building Inspector. In such cases any required, yard, buffer, setback, coverage, or height requirement shall not be additive, but the stricter standard shall apply to both uses.
D. 
General requirements.
(1) 
Prior to operation, electrical connections must be inspected by the Town Code Enforcement Officer and by a qualified electrical inspector acceptable to the Town. Any connection to a public utility grid must meet all applicable Town, state, federal and public utility laws, rules and regulations.
(2) 
All energy storage systems shall be maintained to be safe and in good working order.
(3) 
All energy storage systems shall comply with all applicable Uniform Code standards.
(4) 
All energy storage systems, when no longer in use, shall be disposed of as set forth herein and in accordance with all other applicable laws and regulations.
(5) 
All energy storage systems and equipment shall require visual identification through the installation of signage or similar identification in order to provide emergency responders with appropriate warning and guidance with respect to isolating the energy storage system in the event of an emergency. Signage shall be weather resistant. The signage or similar identification shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
(6) 
An energy storage system as a principal use serving one or more uses not on the same lot may not be located on the same lot as any other principal use, except where it is located on a lot containing an active agricultural use within an agricultural district. An energy storage system may be allowed accessory to a use or building on the same lot that it serves.
(7) 
A building permit and an electrical permit shall be required for installation of all energy storage systems.
(8) 
All energy storage systems, all dedicated-use buildings, and all other buildings or structures that i) contain or are otherwise associated with an energy storage system and ii) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Code of the Town of Montgomery.
(9) 
Energy storage systems are prohibited from being located within the area of special flood hazard as defined in Chapter 116, Flood Damage Prevention, of the Town Code.
(10) 
The applicant, property owner, system owner and system operator shall be required to enter into an agreement to remove the storage battery system and all associated equipment and structures if the storage battery system ceases to operate for 12 consecutive months. Removal of the unused system, equipment and structures shall be completed within six months thereafter. The agreement shall be in a form satisfactory to the Town Attorney.
E. 
Tier 1 battery energy storage system. A Tier 1 storage battery energy storage system is permitted subject to issuance of a building permit in accordance with the following standards:
(1) 
A Tier 1 system may be mounted in any legal principal or accessory building or structure.
(2) 
A Tier 1 system shall not be located in a required yard or within the front yard of any building.
(3) 
A Tier 1 system shall be located within the principal building, or otherwise set back from neighboring property lines in accordance with the requirements governing accessory structures, but no closer than 50 feet to the nearest property line, and the more restrictive setback shall prevail.
(4) 
A Tier 1 system is permitted to serve only the building or structure on the lot upon which the system is located.
(5) 
A Tier 1 system, if mounted exterior to the building and if visible from the street, shall be mounted at an angle as to minimize its visibility, appearance and profile from the street and neighboring properties.
(6) 
A Tier 1 system and all related equipment shall be substantially screened from view from adjoining properties and all roads through the use of landscaping, fences, earth berms, or other screening which will harmonize with the character of the property and surrounding area.
(7) 
A Tier 1 storage battery system equipment shall not be sited within any required buffer area.
(8) 
Lot coverage limitations.
(a) 
The calculation of lot coverage shall include the total surface area of a Tier 1 system and all associated equipment.
(b) 
The total surface area of a Tier 1 system and all associated equipment shall not exceed the area of the ground covered by the largest building on the lot measured from the exterior walls, excluding unroofed patios, decks, balconies and porches.
F. 
Tier 2 battery energy storage system.
(1) 
Special use permit standards. The Planning Board may impose additional or more restrictive conditions to those listed below where necessary to protect the health, safety and welfare of the Town.
(a) 
Maximum height. The average height of any Tier 2 storage battery system shall not exceed 20 feet.
(b) 
The Tier 2 system and related equipment shall be screened substantially from view from adjoining properties and from all roadways to the satisfaction of the Planning Board. If landscape screening is proposed, a landscape design, signed and stamped by a licensed landscape architect, shall be submitted with the site plan application. The applicant shall provide a visual analysis to the Planning Board, which may include line-of-sight profiles, photosimulations and other renderings from vantage points to be determined by the Planning Board.
(c) 
All on-site power lines, utility lines and electrical circuitry shall be installed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, as demonstrated to the satisfaction of the Planning Board that such underground installation is not practicable given the particular characteristics of the site.
(d) 
Buildings and structures associated with a Tier 2 system shall, to the extent reasonably possible, use materials, colors, and textures that blend the facility into the existing environment.
(e) 
Access to the site shall provide appropriate and safe sight distance and lawful and appropriate access for emergency vehicles and equipment. Access to the facility shall be reviewed for its sufficiency by the relevant emergency service provider(s) and the site shall be constructed with a hard surface and as required by the Town driveway specifications and requirements. Adequate site access shall be maintained throughout the life of the facility, including snow removal to ensure adequate access by the applicable emergency service providers.
(f) 
Signage.
[1] 
All signage shall comply with ANSI Z535 and shall identify the type of technology associated with the battery energy storage systems, any special hazards associated with same, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
[2] 
As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
[3] 
The Town Building Inspector and Planning Board shall review all signage during site plan review and ensure that adequate identification is provided to all necessary components of the system.
[4] 
The site shall include prominent and clear identification of the property address and of the address and phone number of the owner and operator in the case of emergency.
(g) 
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. Any other applicable lighting requirements contained in this Zoning chapter shall also apply.
(h) 
Perimeter vegetation. Areas within 30 feet of all sides of a Tier 2 system shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover, such as green grass, ivy, succulents, or similar plants used as ground covers, may be permitted provided that it is determined that such ground cover does not form a means of readily transmitting fire.
(i) 
Safety enclosure. The perimeter of a Tier 2 system shall be enclosed in a fence to deter access to the site. The Planning Board shall establish the maximum height, location, and fence materials, taking into consideration all applicable Town codes, laws and regulations governing enclosure of a Tier 2 storage battery system. Where this section is inconsistent with any other section of the Zoning chapter regulating fences, this section shall prevail.
(j) 
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the property line. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. Such sampling shall be conducted utilizing equipment meeting ANSI standards.
(k) 
Additional specifications. The following shall be submitted:
[1] 
An electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices, will be clearly marked on the site plan and any and all documents that illustrate and describe the electrical components of the site.
[2] 
Equipment specification sheets that document the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. Equipment specification sheets for all battery types, significant components, hazardous materials, highly toxic material, and battery unit inverters. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
[3] 
Name, address, and contact information of proposed or potential system installer and the property and site owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
[4] 
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.
[5] 
Zoning district designation for the parcel(s) of land comprising the project site.
[6] 
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer or NYS registered architect after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location.
[7] 
Firestafety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
[8] 
System operations and maintenance plan. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information per requirements set forth in the Uniform Code.
[9] 
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
[10] 
Prior to the issuance of the building permit, engineering documents must be signed and sealed by a NYS licensed professional engineer or NYS registered architect.
[11] 
Emergency operations plan. A copy of an acceptable plan approved by the Planning Board shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
[a] 
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
[b] 
Procedures for inspection and testing of associated alarms, interlocks, and controls.
[c] 
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed-upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
[d] 
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
[e] 
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
[f] 
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
[g] 
Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
[h] 
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
[12] 
Safety system certification. Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 or CAN 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards that are applicable based on the storage type (electrochemical, thermal, mechanical):
[a] 
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).
[b] 
UL 1642 (Standard for Lithium Batteries).
[c] 
UL 1741 or UL 62109 (inverters and power converters).
[d] 
Certified under the applicable electrical, building, and fire prevention codes as required.
[e] 
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.
[13] 
A property maintenance plan, which plan shall describe continuing equipment maintenance and property upkeep, such as but not limited to mowing and trimming. Any use of herbicides shall be restricted to those approved and regulated by the New York State Department of Environmental Conservation (DEC) and shall be applied in accordance with applicable DEC regulations. Ten days prior to the application of any herbicide, the system operator shall provide written notification to the Town Code Enforcement Officer (CEO) specifying the type and amount of herbicide to be used and the date, the material safety data sheets, time and location of the proposed application and shall provide such other information as deemed necessary by the CEO. The written notification shall be presented in the form of a notarized affidavit signed by the system operator attesting to the truth of the information provided therein.
[14] 
If the property of the Tier 2 system is to be leased, the written legal consent of all affected parties, specifying the use(s) of the property, and the duration of the project, including easements and other agreements.
[15] 
A decommissioning and removal plan as described in Subsection F(1)(l)[2] below.
(l) 
Decommissioning and removal.
[1] 
Removal of unused systems. The applicant, property owner, system owner and system operator shall enter into an agreement binding unto themselves and their successors and assigns in a form satisfactory to the Planning Board and Town Board upon recommendation of their respective attorneys and will be memorialized in a developer's agreement that was so adopted by Planning Board resolution that will address the removal of the Tier 2 battery energy system and all associated equipment and structure when the system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within six months thereafter. Said developer's agreement shall be recorded in the chain of title and shall be a condition of the special use permit authorized by the Planning Board.
[2] 
Decommissioning and removal plan. To ensure the proper removal of a Tier 2 system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of the special use permit authorized by the Planning Board. The decommissioning plan shall specify that after the Tier 2 storage battery system ceases operation, as described in Subsection D(10) above, the system shall be removed by the applicant, property owner, system owner and system operator as the case may be. The plan shall demonstrate how the removal of the Tier 2 storage battery systems and all related equipment and structures shall be conducted and how the remediation of soil and vegetation shall be conducted to return the property to substantially its condition prior to construction. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer. Cost estimates shall take inflation into account. The decommissioning plan shall state the time period within which the storage battery system shall be removed and the property restored, which time period shall be no greater than six months after the stationary storage battery system ceases, for 12 consecutive months, to be used for its intended purpose. A six-month extension may be granted by the Town Code Enforcement Officer upon good cause shown.
[3] 
Decommissioning and removal security.
[a] 
The applicant shall execute and file with the Town Clerk security in a form acceptable to the Town Attorney and Planning Board, and in an amount sufficient to pay for the costs and expenses of removal of the stationary storage battery system and related equipment and structures and restoration of the site. The amount is subject to approval by the Town's professional engineer and the Planning Board. The security may be in the form of cash, letter of credit or another instrument acceptable to the Town Attorney and the Planning Board, or a combination thereof. The security shall remain in full force and effect until all stationary storage battery system equipment, structures, and materials have been properly removed and site restoration is complete.
[b] 
The amount of the security shall be sufficient, during the first five years of operation, to cover at least the projected costs to deconstruct and dispose of all equipment, structures and materials related to the stationary storage battery system; projected costs to restore the site; and all projected fees, costs and expenses estimated to be incurred by the Town to administer and enforce the decommissioning process. Such amount shall be reevaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses as a condition to continue operation of the system.
[c] 
If the amount of the security does not fully cover such fees, costs and expenses ("costs") or if the Town cannot reasonably recover adequate proceeds of the security, then the owner and operator of the large-scale Tier 2 stationary storage battery systems and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered.
[d] 
As an alternative or in addition to recovering decommissioning costs via the removal security, the Town may assess such costs against the property, which assessment shall constitute a lien on the property, and which amount may be collected in the same manner as real property taxes.
[e] 
Equipment and parts maintenance. All equipment, parts and items of any kind appurtenant to the maintenance or operation of the large-scale stationary storage battery systems shall be contained in a secure building. Damaged or unused equipment and parts shall be removed from the premises within 30 calendar days.
[f] 
Ownership changes. If the owner or operator of a Tier 2 system changes or if the property owner changes, the special use permit shall remain in effect, and all requirements of the Town Code and all conditions and requirements of the special use permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security. A new owner or operator of the battery energy storage system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator as a condition of continued operation of same.
(m) 
Modifications. Any and all modifications, additions or deletions to a Tier 2 system, whether structural or not, shall require amended site plan review and approval by the Planning Board, except that routine repairs and maintenance, as determined by the Town Code Enforcement Officer after consultation with the Town Engineer, shall not be subject to Planning Board review.
(n) 
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town will, at its discretion, utilize the available bond and/or security for the removal of a Tier 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.
Off-street parking and truck loading space requirements shall be provided for and kept available as an accessory use to all permitted and special permit uses of buildings, structures and lots in amounts of not less than those specified in this § 235-12.
A. 
The requirements for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this § 235-12.
B. 
The requirements for a combination use made up of several component uses (e.g., a bowling alley combined with an auditorium and a restaurant and bar, or a retail store combined with an office building) shall be determined by establishing the requirements for each component use from the schedule of such requirements which is part of this § 235-12 and adding them together.
C. 
When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
D. 
If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar listed use.
E. 
A garage or carport may be used to meet the requirements of this § 235-12. A driveway may only be used to meet the requirements of this § 235-12 where it serves a single- or two-family dwelling or accessory dwelling.
F. 
Uses which require approval pursuant to the special permit use procedure set forth in § 235-15.4 may be required to provide off-street parking spaces in excess of the requirements of this § 235-12 as indicated in § 235-15.4.
Off-street parking space requirements for residential uses shall be as follows:
Use
Required Number of Spaces
Single-family and two-family dwelling units
2 per dwelling unit
Multiple dwelling
2 per dwelling unit
Accessory dwelling under 500 square feet
1 per dwelling unit
Accessory dwelling 500 square feet and above
2 per dwelling unit
Residential membership club employees or fraternity
1 per residential unit plus 1 per each 2 on the premises at 1 time
Senior housing
1.5 per dwelling unit
Off-street parking space requirements for nonresidential uses shall be as follows:
Use
Required Number of Spaces
Animal hospital
1 per 200 square feet of floor area
Auditorium, church, convention square hall, stadium, theater, studio or other place of assembly not otherwise classified
1 per 3 permanent seats or 1 per each 40 square feet or seating area where fixed seating is not provided
Automobile repair or service or garage/facilities
Sufficient parking spaces for all vehicles being serviced at any one time, plus a minimum of 10 additional spaces
Bank, savings and loan building association
See requirements for "offices, office buildings"
Bowling alley
3 per alley
Chain restaurants with more than 20 restaurants nationwide
1 per 3 permanent seats or floor area equivalent
Drive-in facility or outdoor sales
1 per each 600 square feet of lot area
Funeral home
1 per 40 square feet of public room floor area
Furniture, heavy appliance stores and similar low-volume stores as determined by the Planning Board
1 per 500 square feet of gross leasable floor area
Gasoline station with convenience store
1 per 200 square feet of retail floor area. Spaces in front of gasoline pumps shall count as 1 parking space, but at least 5 regular parking spaces shall be provided, one of which shall be a handicapped space.
Home occupation, home professional office
2 per 150 square feet of area given over to this component of the land use, plus 1 for each additional 150 square feet of fraction thereof, but in no case fewer than 2 spaces
Hospital
1.25 per bed, plus 1 per each 2 employees on the premises at any one period of time
Hotel, motel
1 per guest bedroom plus 1 per each 2 employees on the premises at any one period of time
Manufacturing or industrial establishment, research institute or laboratory
Parking area reservation equivalent to the total ground coverage of the building, with a minimum of 2 improved spaces per 3 employees on the premises at any one period of time, with a minimum of 2 spaces
Nursing home
1 per each 3 beds plus 1 per each 2 employees on the premises at any one time
Office buildings in excess of 20,000 square feet of gross leasable floor area
1 per 300 square feet of gross leasable floor area
Offices, medical
At least 1 per 200 square feet of floor area, or as required by the Planning Board
Offices, office buildings
1 per 200 square feet of gross leasable office area, excluding stairs, common halls and elevators
Personal service stores
At least 1 per 200 square feet, or as required by the Planning Board
Public or semipublic art gallery, library or museum
See requirements for auditorium, etc.
Restaurant, club
1 per 4 permanent seats or floor area equivalent
Retail stores
1 per 200 square feet of floor area
School
1 per employee plus 1 per each 8 students in the 12th grade or above or the parking requirement for the auditorium or gymnasium component of the use, whichever is greater
Shop for custom work
1 per 250 square feet of floor area
Shopping centers or retail facilities in excess of 25,000 square feet of gross leasable floor area
1 per 225 square feet of gross leasable floor area
Truck terminal, wholesaler, trailers and warehouse or distribution center
Sufficient parking for all trucks, truck trailers, and truck tractors stored or being serviced at any one period of time, plus required parking for office areas, plus 2 per 3 employees on duty or on the premises at any one time
Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:
Square Feet of Floor Area
Required Number of Spaces
Under 25,000
1
25,000 to 39,999
2
40,000 or more
1 additional space for each 40,000 square feet in addition to the first 40,000 square feet
A. 
Accessory private garages shall not be designed or utilized to rent parking spaces to persons living off the premises. Private garages or other accessory structures shall not be utilized for other than private uses unless otherwise authorized elsewhere in this chapter.
B. 
Not more than one parking space per dwelling unit may be rented to persons living off the premises in the case of single- or two-family dwelling uses, nor more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use.
C. 
Not more than one commercial vehicle shall be housed or parked in a private garage or off-street parking area. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or length of 25 feet; provided that there shall be no limitation on the number of agricultural vehicles permitted as accessory equipment to a farm use.
A. 
Access driveways for parking garages, public parking areas, gasoline stations, repair garages, or trucking stations may have separate or combined entrances and exits.
B. 
Every entrance or exit driveway shall have a minimum unobstructed width of 10 feet. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet.
C. 
The intersection of entrance or exit driveways with the public street shall have the same corner clearances as prescribed for the intersecting street in § 235-11.7.
D. 
Sight distance for access driveways and new roads shall conform to the following specifications. Access driveways and new roads onto existing public roads shall have a clear sight distance after improvements to the right-of-way as required by the Planning Board or controlling highway agency of 600 feet for state highways, 500 feet for county and collector streets, 300 feet for minor streets, including all Town streets and Town highways, or shall meet the minimum required AASHTO standards for the posted speed limits on said roads, whichever is less. The minimum standards set forth above shall be measured from a point clearly shown on the plan 10 feet in from the edge of the traveled way of the road or street to which the driveway connects to oncoming traffic and between cars in the same lane where a car should be stopped to turn into the driveway at acceptable levels for drivers of said vehicles. All measurements shall be based on accepted, current AASHTO standards.
A. 
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 235-11.1.
B. 
The physical improvements of off-street parking and truck loading areas shall include:
(1) 
Curbs, paving, sidewalks and drainage facilities complying with the standards established in municipal ordinances, regulations or specifications.
(2) 
Adequate lighting in public parking areas to assure the general safety and convenience of the public.
(3) 
Appropriate screening for the protection of adjacent properties, particularly along zone district boundary lines as provided for in § 235-11.9.
C. 
All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at an angle of 90° with the driveway; 18 feet when the parking spaces are at an angle of 60°; and 12 feet when the parking spaces are at an angle of 45°.
D. 
Aisles and turning areas shall have adequate radii to assure ease of mobility, ample clearance, and convenient access and egress.
E. 
Center-line gradients of aisles shall not exceed 8%.
F. 
Accessory off-street parking areas shall be marked off into parking spaces with a minimum width of nine feet and a minimum length of 20 feet; or, in the case of parking spaces for trucks or special equipment, parking spaces of a minimum size are to be determined by the municipality based on the nature of the parked vehicle.
G. 
An accessory off-street truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet, and a minimum clear height of 14 feet. The related aisle shall have the same minimum width and clear height.
A. 
Existing buildings and uses are exempt. The provisions of this section shall not apply to any building or structure or lot lawfully in use at the original effective date of this chapter, whether continued as a permitted or legal nonconforming use, or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.
B. 
Within an established municipal parking district where the municipality has, as a matter of public policy, taken the responsibility for providing adequate off-street parking facilities for all uses in the district, the off-street parking space requirements stipulated in this § 235-12 shall be automatically waived.
C. 
Where the Planning Board finds that a use is unlikely to require the amount of off street parking or truck loading spaces required by the section, it may grant a temporary waiver of the requirements and allow shadow or future parking in an area of the site that it believes could be suitably developed for off-street parking in the future should the site be occupied by a more intense traffic user. The permanent elimination of off-street parking shall only be allowed by the Zoning Board of Appeals.
[Amended 10-6-2022 by L.L. No. 10-2022]
A. 
The following schedule of permitted signs shall apply to each premises according to the district in which it is located on the Zoning Map, whether it be used for a permitted use or for a special permit use:
Permitted Signs - Residential and Agriculture Districts
Type of Sign
Number of Signs Permitted
Professional or announcement sign
Pursuant to § 235-13.2
Personal identification sign having an area not greater than 2 square feet
Permitted
Real estate "for sale" or "for rent" sign or construction sign
1 on each public street frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.5A
Temporary sign
Pursuant to § 235-13.6B
Permitted Signs - Business Districts (B-1, B-2, B-3 and Crossroads Commercial Overlay District)
Type of Sign
Number of Signs Permitted
Professional or announcement sign
Pursuant to § 235-13.2
Business identification signs
Pursuant to § 235-13.3
Real estate "for sale" or "for rent" sign or construction sign
1 on each public street or frontage for single lots or building; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.6
Temporary sign
Pursuant to § 235-13.6B
Permitted Signs - I-1, I-2, and I-3 Districts
Type of Sign
Number of Signs Permitted
Professional or announcement sign
Pursuant to § 235-13.2
Business identification signs
Pursuant to § 235-13.4 (I-2, I-3) or § 235-13.5 (I-1)
Real estate "for sale" or "for rent" sign or construction sign
1 on each public street or frontage for single lots or buildings; 2 subdivision signs on each public street frontage for each approved subdivision, pursuant to § 235-13.6
Temporary sign
Pursuant to § 235-13.6B
B. 
Special regulations for all permitted business and industrial business identification signs.
(1) 
Sign construction specifications. All signs which exceed 15 feet in height shall require plans approved by a licensed professional engineer or architect and:
(a) 
Supports on lighted signs shall be steel pipe, tubing or I-beams;
(b) 
Metal facings shall not be less than 24 gauge;
(c) 
Plastic facings shall not be less than 1/8 inch thick up to 32 square feet, 3/16 inch up to 250 square feet, and 1/4 inch over 250 square feet, provided bumpers are spaced 48 inches on center within the interior of the sign cabinet; and
(d) 
Electrical wiring shall be in accordance with Underwriter Laboratories specifications and signs shall bear the Underwriter Laboratories label.
(2) 
One identification-directional sign with an area of not more than eight square feet per side shall be permitted at each point of access to a lot, set back at least five feet from the property line, which shall not obstruct the view of exiting motorists and shall not exceed 10 feet in height.
(3) 
On-site directional signs shall not exceed 10 feet in height unless mounted on a building or structure other than a sign structure. Such signs shall not exceed eight square feet in area.
(4) 
More than one wall sign may be permitted per wall surface, provided the total sign area of all signs on the wall does not exceed the total sign area permitted in §§ 235-13.3 through 235-13.5.
(5) 
Signs may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that red and green lights shall be set back at least 75 feet from the point of intersection of the street lines at a street corner; and further provided that intermittent or flashing lights shall not be used on or in any sign or in conjunction with any sign. Moving or animated signs shall be prohibited.
C. 
Regulations for special permitted business and industrial business identification signs.
(1) 
The Planning Board may issue a special permit for business or industrial ground-mounted signs which do not comply with these regulations only when such sign, if it were to comply, could not be seen by a motorist for the time required as shown on Column Two of the table below for the type of road indicated on Column One due only to terrain conditions:
Road Type
Reaction Time
(seconds)
Speed
(mph)
Sight Distance
(feet)
Minimum Letter Height
(inches)
Expressway
15
55
1,200
21
4 lanes
10
55
810
17
4 lanes
10
50
730
15
4 lanes
10
45
660
13
4 lanes
10
40
590
11
2 lanes
8
55
645
14
2 lanes
8
50
590
12
2 lanes
8
45
530
10
2 lanes
8
40
470
9
2 lanes
8
35
410
8
2 lanes
8
30
350
7
2 lanes
8
25
290
5
(2) 
The applicant shall agree to make the letters no smaller than the minimum size shown in the table above and no larger than four feet in height, and limit the message to no more than 16 message units in four lines of words, with no more than 26 letters per line. For the purpose of this subsection, a message unit is a symbol or a syllable.
(3) 
Any sign permitted by the Planning Board shall be the minimum size necessary for the purposes stated by the applicant, in the opinion of the Planning Board.
A. 
Professional signs or announcement signs for home professional offices or home occupations shall bear only the name and profession or occupation of the resident. Such sign shall have a maximum area of two square feet and may be located on the building wall or in the required front yard, provided that it is set back at least 15 feet from all property lines and is not more than six feet above the natural ground level at that point.
B. 
A church or other place of worship may have one announcement sign not over 12 square feet in area on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 15 feet from the front property line and at least 25 feet from all other property lines.
C. 
A parish house, club, school, or public or semipublic building may have one announcement sign not over six feet in area on each public street frontage of its property fixed on the main wall of its building.
D. 
Such signs may be double-faced.
E. 
Such signs may be lighted only by shielded light sources attached to the sign or ground lights with appropriate shielding of the fixtures.
The following supplemental regulations shall apply to business district identification signs:
A. 
A wall identification sign shall be attached to or incorporated in the building wall. Such sign shall have:
(1) 
A maximum area of two square feet for each horizontal foot of building wall on which it is mounted.
(2) 
A maximum width of 75% of the building wall's horizontal measurement; except where such horizontal measurement is 20 feet or less, the maximum width may be 90% of such a measurement.
(3) 
A maximum projection of 12 inches from the face of the building wall to which the sign is attached.
B. 
A detached or ground identification sign may be erected where the building is set back from the street line a distance of 40 feet or more. Such sign shall have:
(1) 
A maximum area of 100 square feet. For double-faced signs the maximum area shall be 100 square feet per side.
(2) 
A maximum height of 20 feet measured vertically from the center line of the nearest street.
(3) 
Adequate clear space shall be provided between the signboard and the ground to allow for visibility in vehicles between streets and drives. Necessary supports may extend through such clear space. [See § 235-13.5B(2).]
(4) 
A setback of at least 20 feet from any property line, except if the average front setback of existing buildings within the same block is less than 10 feet, then the average setback so established shall be applied to such sign.
C. 
Identification signs may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that red and green lights shall be set back at least 75 feet from the point of intersection of the street lines at a street corner; and further provided that intermittent or flashing lights shall not be used on or in any sign or in conjunction with any sign. Moving or animated signs shall be prohibited.
[Amended 10-6-2022 by L.L. No. 10-2022]
The following supplemental regulations shall apply to I-2 and I-3 District identification signs:
A. 
One wall identification sign or one detached or ground identification sign facing each street from which access to the lot is provided announcing the name of the company or products manufactured on the premises. Such sign shall have:
(1) 
A maximum area of two square feet for each horizontal foot of building wall on which it is mounted.
(2) 
A setback of at least 1/2 the depth of the required front yard.
(3) 
A maximum height measured vertically from the center line of the nearest street of 18 feet, if the building is less than 18 feet, or the height of the building, with a maximum height of all signs being 35 feet.
B. 
One identification sign at each point of access to the lot with an area of not more than two square feet.
C. 
Identification signs may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that red and green lights shall be set back at least 75 feet from the point of intersection of the street lines at a street corner; and further provided that intermittent or flashing lights shall not be used on or in any sign or in conjunction with any sign. Moving or animated signs shall be prohibited.
[Amended 10-6-2022 by L.L. No. 10-2022]
The following supplemental regulations shall apply to I-1 District identification signs:
A. 
Business uses.
(1) 
Wall identification signs as permitted in § 235-13.3A.
(2) 
A detached or ground identification sign may be erected where the building is set back from the street line a distance of 40 feet or more. Such sign shall have:
(a) 
A maximum area of 100 square feet per side of a double-faced sign or a single-faced sign intended to be read by motorists traveling along Route 208 or any Town or county road.
(b) 
A maximum area of 300 square feet per side of a double-faced sign intended to be read by motorists traveling along Interstate Route 84.
(c) 
A maximum height of 25 feet measured from the center line of the nearest street to the top of the sign where the sign is intended to be read by motorists traveling along Route 208, Route 17K, or any Town or county road.
(d) 
A maximum height of 50 feet measured from the center line of the nearest street to the top of the sign where the sign is intended to be read by motorists traveling along Interstate Route 84.
(e) 
Adequate clear space between the signboard and the ground, provided that necessary supports may extend through such clear space.
B. 
Industrial uses. One wall identification sign or one detached or ground identification sign facing each street from which access to the lot is provided announcing the name of the company or products manufactured on the premises. Such signs shall have:
(1) 
A maximum area of two square feet for each horizontal foot of building wall on which it is mounted.
(2) 
A maximum height, measured vertically from the center line of the nearest street, of 18 feet for a ground-mounted sign.
(3) 
A setback of at least 1/2 the depth of the required front yard.
A. 
Real estate, construction or subdivision signs of a temporary nature shall be set back at least five feet from a right-of-way or from the traveled way, whichever is greater. Such signs shall have a minimum area of eight square feet and a maximum of 24 square feet and shall not be illuminated.
B. 
Temporary directional signs indicating the location of a real estate subdivision shall be permitted as special permit uses under the provisions of § 235-15.4 for a period of one year during the active selling of subdivision properties. Additional periods of one year shall be the subject of an application to the Planning Board.
C. 
Permanent real estate development or subdivision signs shall only be allowed as part of a landscape plan for said development that has been approved by the Planning Board as part of a site plan or subdivision.
A. 
The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols which make up the sign together with any background of a different color or material than the general finish of the building, whether painted or applied.
B. 
In no case shall lighted signs be so located that they constitute a hazard to vehicular traffic.
C. 
The outlining by direct illumination of all or part of a building such as a gable, roof, wall, side or corner shall be prohibited.
D. 
Temporary or permanent signs resting on or attached to vehicles or other movable objects shall not be used as a means to circumvent the provisions of this chapter.
A. 
These provisions shall apply to all buildings or structures or use of a building or structure or lot lawfully existing prior to the effective date of the original zoning law, or of subsequent amendments, revisions or reenactments of such law, which do not conform to the provisions of said original zoning law, or such revisions or reenactments on their effective dates.
B. 
Each business or industrial use which under this chapter or any amendments thereto requires a special use permit and which use was in existence on the date of the enactment of this chapter or amendments thereto must file with the Planning Board a certificate of substantial compliance with this chapter or any amendments thereto within one year from the enactment of this chapter or any amendments thereto. The user shall thereafter continue such use in the manner permitted by the Planning Board. Failure to file the certificate of substantial compliance in the manner prescribed above shall deem the use discontinued.
No unlawful building or structure, or unlawful use of a building or structure or lot existing at the effective date of this chapter or any amendments thereto, shall be deemed to be a nonconforming building, structure or use. Any applicant for any land use approval, including, without limitation, a building permit, subdivision, special exception use, site plan, zone change and/or variance, must indicate, in writing, at the time of application all uses which it believes would be entitled to nonconforming status together with all data in support of such claim. The failure of the applicant to so indicate, in writing, shall form a presumption that nonconforming uses do not exist on the property. All such application forms shall be modified to comply with the requirements of this § 235-14.
A. 
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply after the effective date of this chapter, or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building, structure, lot or land so occupied in accordance with § 235-14.1A, except as provided in § 235-14.7.
B. 
A building or structure used by a nonconforming use may not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.
C. 
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of Subsection B above shall not apply, except that the degree of nonconformity shall not be increased.
D. 
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter may be used, or a building or structure may be erected on such lot for use, in accordance with all other applicable provisions of this chapter or any amendment thereto, provided that proof of such separate ownership is offered in the form of a title search.
E. 
An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
A nonconforming use shall not be enlarged or extended except as provided in § 235-15 (regarding variances).
A nonconforming use shall be changed only to a conforming use, except as otherwise provided.
A. 
A nonconforming use shall be deemed to have been abandoned:
(1) 
When it is changed to a conforming use.
(2) 
In cases where such nonconforming use is of a building or structure designed for such use when it has been discontinued for a period of 12 consecutive months. The intent of the property owner shall be irrelevant to the issue of discontinuance of a nonconforming use.
(3) 
In cases where such nonconforming use is of a building or structure not designed for such use, or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been discontinued for a period of six consecutive months. The intent of the property owner shall be irrelevant to the issue of discontinuance of a nonconforming use.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.
A. 
A nonconforming structure or nonconforming use may be subject to compulsory termination by the municipal legislative body when it is found detrimental to the conservation of the value of surrounding land and improvements or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood.
B. 
In ordering the compulsory termination of a nonconforming structure or nonconforming use, the Town Board will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value decrement resulting from the termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable cost as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.
A. 
There shall be a Zoning Board of Appeals and a Planning Board. Said Zoning Board of Appeals shall consist of five members, and said Planning Board shall consist of seven members. The method of appointment, terms of office and tenure of all members shall be as prescribed by law, including Town of Montgomery Local Law No. 2 of 1992 as may be amended from time to time.[1]
[1]
Editor's Note: See Ch. 45, Planning Board and Zoning Board of Appeals.
B. 
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter and New York State Town Law and shall decide all applications for variance or interpretation of this chapter as set forth at § 235-15.3 of this chapter. The Planning Board shall have all of the powers and duties prescribed by law and by this chapter, New York State Town Law and by the Subdivision Regulations of the Town of Montgomery[2] and shall review and decide all applications for special use permits, subdivision applications and certain site plans as elsewhere described in this chapter.
[2]
Editor's Note: See Ch. 200, Subdivision of Land.
C. 
The Zoning Board of Appeals and the Planning Board each shall appoint a secretary and shall prescribe rules for the conduct of their affairs.
D. 
All meetings of the Zoning Board of Appeals and of the Planning Board shall be in accord with the provisions of New York State Public Officers Law Article 7, as amended. A quorum shall consist of three members of the Zoning Board of Appeals and four members of the Planning Board.
E. 
Every decision by either board shall be by resolution and shall contain a full record of the findings of either board in the particular case.
F. 
Filing requirements. Town Law § 267-a at Subdivisions (2) and (9) (Chapter 692 of the Laws of 1991, effective July 1, 1992, and Chapter 248 of the Laws of 1992, effective July 1, 1992) are hereby superseded to the extent that the requirement that every decision of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered shall be deemed to be the date such written decision is approved by resolution of the Zoning Board of Appeals. See § 235-15.4D(4) and (5) for the filing requirements for actions of the Planning Board.
G. 
Unless otherwise superseded, all use and area variances shall be defined and shall meet the standards as set forth in New York State Town Law §§ 267-a and 267-b, as amended.
(1) 
Use variances. No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b) 
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) 
The alleged hardship has not been self-created.
(2) 
Area variances. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
(a) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b) 
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
(c) 
Whether the requested area variance is substantial;
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
H. 
Guiding principles.
(1) 
Every decision by the Zoning Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.
(2) 
Every variance granted by the Zoning Board of Appeals may be made subject to conditions and safeguards as the Zoning Board of Appeals shall deem to be applicable to the particular case. Violations of such conditions or safeguards which are a part of the Zoning Board of Appeals' decision shall be deemed a violation of this chapter punishable under the provisions of § 235-16.
(3) 
Any variance granted by the Zoning Board of Appeals pursuant to the provisions of this § 235-15 shall be construed to be a nonconforming use.
A. 
Applications for any action by the Zoning Board of Appeals shall be submitted in the form required by the Zoning Board of Appeals and filed in the municipal office.
B. 
The Zoning Board of Appeals shall fix a time and place for a public hearing thereon, and shall provide for the giving of notice at least five days prior to the date thereof, as follows:
(1) 
By publishing a notice in the official newspaper.
(2) 
By requiring the applicant to give notice of the substance of every appeal for a variance together with notice of the hearing thereof by causing notices to be mailed at least five days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal or application) and all other owners within 300 feet, or such additional distance as the Zoning Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal, as the names of said owners appear on the last completed assessment roll. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with notification procedure; provided, however, that the Zoning Board of Appeals may accept substantial compliance with these provisions in cases of difficulty in serving such owners.
(3) 
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.
(4) 
If the land involved in any appeal is within 500 feet of the boundary of any other municipality, or any existing or proposed county or state park or other recreation area, or the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway, or the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, then notice of the public hearing and description of the applicant's proposal shall be mailed to the Orange County Planning Department.
(5) 
The boundary of any active agriculture operation located within a county agricultural district as defined by Article 25-AA of the Agriculture and Markets Law, except for area variances.
C. 
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal or unless or until said Planning Department has indicated that the type of application is one that it will not review, whichever event first happens.
D. 
A record shall be established of all variances granted pursuant to action of the Zoning Board of Appeals under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection.
E. 
The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Zoning Board of Appeals shall keep records of its examinations and official actions, all of which shall be filed in the Clerk's office and shall be a public record.
F. 
Building permits authorized by Zoning Board of Appeals actions on variance cases shall be obtained within six months and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Zoning Board of Appeals where good cause is shown.
G. 
The fee for applications to the Zoning Board of Appeals or Planning Board shall be in accordance with the Town Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
A. 
The Board of Appeals shall, upon appeal, hear and decide:
(1) 
Any matter where the applicant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
(2) 
Any matter where the appellant alleges that the Building Inspector was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
(3) 
Any matter which the Building Inspector appeals on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line of the Zoning Map.
B. 
In addition to the above powers, the Zoning Board of Appeals shall have all of the powers set forth in §§ 267, 267-a, 267-b and 267-c of the New York State Town Law, as amended.
The Planning Board shall have original jurisdiction and power to grant a permit for a special permit use on a particular site wherever it is expressly provided in this chapter that the special exception may be granted upon application to the Planning Board without a finding of practical difficulties or unnecessary hardship but subject to the general provisions of this chapter and more specifically to the guiding principles, general standards, and the special conditions and safeguards contained in this section.
A. 
Guiding principles.
(1) 
Such use shall be one which is specifically authorized as a special permit use in the district within which the subject site is located.
(2) 
Every decision by the Planning Board granting a permit for a special permit use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter punishable under the provisions of § 235-16.
(3) 
A special permit use for which a permit is granted by the Planning Board pursuant to the provisions of this section shall be construed to be a conforming use.
B. 
General standards. For every such special permit use, the Planning Board shall determine the following:
(1) 
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 235-2.
(2) 
That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(3) 
That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(4) 
That the site is particularly suitable for the location of such use in the community.
(5) 
That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
(6) 
That the proposed use, particularly in the case of nonnuisance industry, does conform with the local law definition of the special permit use where such a definition exists, or with the generally accepted definition of such use where it does not exist in the local law.
(7) 
That access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
(8) 
That there are off-street parking and truck loading spaces at least in the number required by the provisions of § 235-12, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9) 
That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
(10) 
That adequate provisions will be made for the collection and disposal of stormwater runoff from the site, and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
(11) 
That the proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in § 235-15.4C, if any.
C. 
Special conditions and safeguards for certain special permit uses by the Planning Board. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special permit use also meets the special conditions and safeguards required in this section.
(1) 
Animal processing facility. All activities related to the animal processing facility, including the detention pens, shall be conducted within a building.
[Amended 2-28-2023 by L.L. No. 2-2023]
(2) 
Access to state or county roads for heavy commercial traffic generators. Uses considered to be heavy traffic generators include big box retail uses, shopping centers, drive-through or drive-up facilities, gasoline service/convenience stores, chain restaurants and hotels or similar uses as specified by the Planning Board.
(a) 
Such uses shall either have a primary access to a signalized intersection with a state or county highway, or shall be located such that their main access drive shall be no closer than 300 feet to a signalized intersection as measured center line to center line of the access road and signalized crossroad.
(b) 
If said use has a signalized or full service access, a secondary access may be limited to right-in-right-out turning movements.
(c) 
Traffic studies may be required as determined by the Planning Board.
(d) 
Access roads or driveways out to the main road may be restricted to an internal road intersecting said road or driveway at least 100 feet back from a state or county right-of-way.
(e) 
Drive-through uses shall be required to have a pass-through or pass-by lane adjacent to the drive-up or drive-through lane.
(f) 
Each drive-through lane shall provide for the stacking of 10 vehicles without interfering with turning movements. Stacked vehicles shall not be allowed to back into access roads or driveways.
(3) 
Airport.
(a) 
The proposed airport shall meet Federal Aviation Administration standards.
(b) 
The proposed runways and resultant airport hazard zones shall not create unreasonable hazards or nuisances to existing or potential land uses on the ground.
(4) 
Animal hospital.
(a) 
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(b) 
All buildings, structures or other accessory use areas, except off-street parking, shall be at least 50 feet from any property line.
(5) 
Arena, assembly hall.
(a) 
No building or structure shall be built within 50 feet of any property line.
(b) 
Lot coverage shall not exceed 20%.
(c) 
The site boundaries shall be at least 200 feet distant along any bounding street from any residence district boundary line.
(d) 
In the B-4 District, the site shall have a minimum area of five acres and minimum frontage of 400 feet along the principal bounding road.
(6) 
Automobile laundry. See "gasoline station with convenience store."
(7) 
Building contractor storage and/or equipment yard.
(a) 
The entire activity shall be contained within an eight-foot-high opaque fence or equivalent landscaped screening.
(b) 
There shall be no outdoor storage of waste materials or other debris resulting from construction projects or from servicing of equipment.
(c) 
The site shall be kept in such a condition as not to attract or harbor pests, rodents or other vermin.
(8) 
Bus passenger shelter.
(a) 
Shelters shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers.
(b) 
The only advertising display on such structure shall be one plaque not to exceed two square feet in area, except school bus shelters.
(9) 
Construction and demolition (C&D) processing. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, annexed to this chapter and made a part hereof.
(10) 
Campgrounds.
(a) 
Occupancy by any individual or group of individuals in any form of permitted temporary, movable or portable shelter shall be for a period of not longer than 120 days in any twelve-month period.
(b) 
Each camping space shall be at least 3,000 square feet in area with a minimum average width of 30 feet. There shall be an average of no more than 10 campsites per acre for any campground.
(c) 
Parking spaces for automobiles shall be 30 feet long and 12 feet wide with an eight-foot-wide strip of washed, crushed stone or shale, or two-inch blacktop slabs over gravel or a stabilized surface. Parking spaces for automobiles with trailers shall be 50 feet long and 14 feet wide with a ten-foot-wide strip of washed, crushed stone or shale, or two-inch blacktop slabs over gravel or a stabilized surface.
(d) 
No camping space shall be within 50 feet of any property line or within 100 feet of any watercourse which is part of any public water supply system.
(e) 
Each camping space shall be provided with thirty-amp, 240-volt electrical service.
(f) 
Sanitation facilities shall be furnished in accordance with the following specifications:
[1] 
One toilet for each sex for each 10 sites shall be provided within 300 feet of each camping space. A minimum of two toilets for each sex shall be provided.
[2] 
Urinals shall be provided. Up to 1/2 the male toilets may be urinals.
[3] 
Lavatories shall be provided at a ratio of one for each 15 units for each sex.
[4] 
Showers shall be provided and must be served with hot and cold or tempered water between 90° F. and 110° F. and be available at a ratio of two showers for each 50 units for each sex.
[5] 
Slop sinks with flushing rims or basins and laundry tubs with water supply shall be provided to serve each 50 units.
[6] 
Each toilet and shower for which provision is made in subsections above shall be in a private compartment or stall.
[7] 
The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended.
[8] 
Where individual water hookups and sewage disposal facilities are provided, the ratio shall be one toilet and lavatory for each sex for every 40 units within 500 feet of each unit.
[9] 
At least one travel trailer sanitary dumping station shall be provided.
[10] 
The owner of a campground shall provide for the collection of refuse and garbage daily and shall also conveniently locate fly-tight refuse containers on each campsite. Refuse containers shall be cleaned, covered and maintained as often as may be necessary to promote a wholesome and nonodorous condition to prevent the breeding of insects therein.
(g) 
Service buildings housing sanitation facilities shall be constructed and maintained in accordance with the following specifications:
[1] 
They shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
[2] 
The service building shall be well lit at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof materials, which may be painted woodwork, as shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68° F. during the period from October 1 to May 1. The floors of the service buildings shall be of concrete or similar materials, elevated not less than four inches above grade, and shall slope to a floor drain located in each room.
[3] 
All service buildings and the ground of the site shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(h) 
All campgrounds in RA-.5, RA-1, and RM-1 Districts shall be a minimum of 10 acres in area. All campgrounds in the B-3 District related to a retail commercial facility and on the same lot shall be a minimum of five acres in area.
[Amended 10-6-2022 by L.L. No. 10-2022]
(i) 
Each campground shall provide a playfield at least one acre in area. At least one acre of playfield for every 25 campsites shall be provided.
[Amended 10-6-2022 by L.L. No. 10-2022]
(j) 
Campground stores are permitted in the B-3 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(k) 
Campground stores in all residential and industrial districts are permitted to be located within the campground site and may be part of the office.
(l) 
Ancillary facilities such as stores, offices, swimming pools, service buildings, etc., shall be submitted to the Planning Board for site plan approval along with the overall development.
(m) 
All water and sewer facility plans shall be submitted to the Orange County Department of Health for approval prior to final site plan approval and the issuance of building permits.
(11) 
Church or similar place of worship, parish house, seminary, convent.
(a) 
All buildings and structures shall be at least 50 feet from any property line.
(b) 
Lot coverage shall not exceed 20%.
(12) 
Commercial public recreation uses not otherwise prohibited.
(a) 
Such uses shall not include any use listed as a prohibited use in § 235-9.1H.
(b) 
The lot shall have an area of five acres or more and a minimum frontage of 400 feet along the principal bounding roadway.
(c) 
All buildings or structures shall be at least 50 feet from any property line.
(d) 
Lot coverage shall not exceed 20%.
(e) 
Outdoor public address systems shall be prohibited.
(13) 
Composting facility. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, annexed at the end of this chapter and incorporated herein.
(14) 
Conversion of an existing residential structure into multifamily dwellings. Conversions shall be approved by the Planning Board, provided all of the following criteria are met by the applicant and structure in question:
(a) 
Lot area. If central water and sewers are available, there shall be no more than eight units per acre in an RM-1 Zone and no more than three units per acre in an RA-1 Zone. If central water and sewers are not available, there will be at least 20,000 square feet of lot area per dwelling unit in the RA-1 and RM-1 Districts, and at least 30,000 square feet of lot area per dwelling unit in the RA-.5 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(b) 
In order to be eligible for conversion, the original structure shall have been constructed at least 30 years prior to the date of application for a special permit use permit. Evidence of age satisfactory to the Planning Board shall be submitted along with the application. In addition, the structure must have a minimum livable area, exclusive of garages, porches or basements, of 1,400 square feet.
(c) 
Each proposed dwelling unit within the structure must have at least 450 square feet of living area, exclusive of interior common hallways, and direct egress to the exterior of the structure must be provided.
(d) 
Off-street parking shall be provided on the following basis:
[1] 
One-bedroom units: 1.5 parking spaces.
[2] 
Units with two or more bedrooms: two parking spaces.
(e) 
Signs, other than those normally permitted elsewhere in this chapter for the district involved for residential uses in residential zones, shall not be permitted.
(f) 
No office or retail or service commercial uses shall be permitted within the structure.
(g) 
The front yard and side yard facing a street shall be properly landscaped prior to the issuance of a certificate of occupancy or a landscaping bond may be required to be posted with the Town Board up to the maximum of $1,000 at the discretion of the Planning Board upon the advice of its landscape architect or engineer.
(h) 
The structure's final appearance and potential density shall be in keeping with the character of the immediate neighborhood within 500 feet of the side and front lot lines. Only one entrance shall be permitted for each facade of the structure per floor or story.
(i) 
Each dwelling unit shall contain its own separate and private bathroom and kitchen facilities wholly within each dwelling unit.
(j) 
Each structure proposed for conversion shall have one dwelling unit occupied by the property owner, and said property owner shall be a resident of the premises for at least four consecutive years preceding the application for conversion. Should the owner have a place of permanent residence other than the premises in question for a period of more than six consecutive months, the special exception permit shall become null and void and the subject premises shall revert to its original permitted use which existed immediately prior to the issuance of the permit.
(k) 
The location of the existing well and septic system shall be shown on the site plan. Expansion of the septic system and/or a new well may be required if there is evidence that their capacity is not adequate for the units proposed, based upon current engineering and health standards of the Town, county or state.
(l) 
A new owner shall apply for a new permit for an existing accessory apartment within two months of taking title to the property. Such application shall be made directly to the Building Inspector. The Building Inspector shall issue said permit if, after inspection, the premises are in the condition approved in the original application, and the application was made within two months of the initial ownership. If these conditions have not been met the application shall be rejected and the applicant shall reapply to the Planning Board.
(m) 
The permit shall terminate upon the sale of the property by the owner or by the death of the owner or survivor, or by the owner no longer occupying the premises as his or her primary residence.
(n) 
However, the provisions of this section shall not apply to an existing lawful one-family dwelling to be converted to a two-family dwelling if the existing lot meets all requirements as to lot area and setbacks for a two-family dwelling in the district in which the reconstruction or conversion is proposed and, further, that the Engineer for the Town certifies that the sanitary disposal system will meet acceptable standards for the two-family dwelling.
(15) 
Day camp.
(a) 
The lot shall have an area of five acres or more.
(b) 
There shall be no more than one camper for every 2,000 square feet of site area.
(c) 
All buildings, structures and areas of organized activity such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be at least 100 feet from any property line.
(d) 
Off-street parking areas shall be at least 50 feet from any property line.
(e) 
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
(f) 
Public address systems shall be prohibited.
(g) 
Only one sign not larger than 12 square feet in area shall be permitted.
(h) 
Landscaping and fencing shall be provided as required by the Planning Board.
(16) 
Eating establishment: drive-through, open front or curb service.
(a) 
Such uses shall be separated by 1,000 feet from each other where such uses are located on separate lots along the same side of the same street frontage with direct access only to the same street. The 1,000-foot distance shall be measured between property lines and intends to reduce curb cuts in commercial areas. Such eating facilities located on a pad site within a shopping center or strip mall, or located in a food court with other eating facilities, or in a travel center are not governed by this separation requirement.
(b) 
Requirements of § 235-15.4C shall apply.
(c) 
Internal traffic and pedestrian circulation and disposal of refuse shall be approved by the Planning Board.
(17) 
Gasoline station with convenience store.
(a) 
This use category includes automobile laundries with or without ancillary uses such as waxing, detailing and/or oil change service; gas stations with or without convenience stores, auto laundries or diesel fuel service; but does not include auto repair garages or auto body shops.
(b) 
The lot area shall be not less than one acre and shall have a minimum frontage along a principal roadway of at least 200 feet, unless such use is integrated as a pad site as part of a larger use and has no individual frontage.
(c) 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site if the site provides gasoline or diesel fuel service.
(d) 
All fuel pumps shall be located at least 25 feet from a building. A fuel canopy shall be considered a structure and not a building and shall not be allowed in a required front yard.
(e) 
Traffic circulation of all vehicles within the site and entrance and exit locations shall be approved specifically by the Planning Board.
(f) 
No sales or storage of motorized vehicles or trailers may occur on the site.
(g) 
Diesel fuel sales shall not exceed 15% of total fuel sales for any thirty-day period.
(h) 
Requirements found in § 235-15.4C(2) shall be applicable to these uses.
(18) 
Gasoline station, liquefied petroleum gas (LPG).
(a) 
The lot area shall be not less than 20,000 square feet, and the lot shall have a minimum frontage along the principal roadway of at least 150 feet.
(b) 
Gallons shall be measured in terms of water capacity.
(c) 
No church, school, library, playground or similar place of public assembly shall be located within 500 feet of the site.
(d) 
All storage tanks under 2,000 gallons' capacity shall be located at least 25 feet from any building, structure or lot line; 75 feet from any residence; and shall be surrounded at all times by a chain-link fence at least five feet in height with a self-latching gate which shall be locked when the tank is not being actively used or serviced. Alternative fencing may be approved by the Planning Board, provided it is the equivalent of a chain-link fence or greater in terms of security and penetrability.
(e) 
Entrance or exit driveways shall be located at least five feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
(f) 
The area devoted to the outdoor storage of motor vehicles, or parts thereof, for purposes of dismantling will be screened from view of persons on adjacent streets by enclosing such areas with an opaque fence eight feet high or locating them inside a building. No more than five motor vehicles shall be stored outdoors overnight.
(g) 
Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
(h) 
Storage tanks in excess of 2,000 gallons shall be located at least 50 feet from a lot line and 100 feet from a residence.
(i) 
Storage tanks shall be limited to 30,000 gallons' capacity with a total storage capacity of 70,000 gallons on any one site.
(j) 
LPG shall otherwise be stored and handled according to the latest edition of the National Fire Protection Association Manual 58, which shall be kept on file in the office of the Town Building Inspector.
(k) 
Dispensing devices shall be located at least 20 feet from a building or property line and 10 feet from a LPG container or tank.
(l) 
Containers awaiting refilling shall be stored indoors, or if stored outdoors they shall be located at least 10 feet from a lot line and enclosed behind a solid fence.
(19) 
Fuel storage.
[Amended 10-6-2022 by L.L. No. 10-2022]
(a) 
Fuel storage tanks shall be set back from all lot lines at least 75 feet.
(b) 
Fuel storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(c) 
The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility.
(d) 
The height of a fuel storage tank may be increased to 50 feet above the average ground elevation at its base where it is determined that the terrain between the tank and the lot lines is more than 15 feet above the average ground elevation at the tank's base for at least 3/4 of the tank's surrounding.
(e) 
A dike shall be erected around the tank or tanks to contain the fuel stored therein.
(20) 
Full-service truck stops. Full-service truck stops must include a restaurant, restrooms, fuel service and motel accommodations with a minimum of 20 bedrooms. The use also may include auto and truck repair facilities and/or a convenience store and/or truck wash. Uses shall be permitted under the guidelines established herein and based upon the following conditions:
(a) 
Minimum lot size shall be 30 acres.
(b) 
One tractor-trailer truck parking space shall be provided for every 100 square feet of retail floor space and for every two seats in the restaurant.
(c) 
One automobile parking space shall be provided for every 150 square feet of retail floor space and for every two seats in the restaurant.
(d) 
Each gasoline or diesel fuel pump island lane used by tractor-trailer trucks shall provide for standing space for six trucks.
(e) 
Adequate room shall be provided on site for maneuvering of all vehicles. A traffic report prepared by a certified and licensed traffic engineer which analyzes all existing and potential off- and on-site traffic conditions shall be a part of the application for a special permit use permit. Truck deceleration lanes shall be provided at least 100 feet in length plus tapers. The actual lengths shall be determined after review of the traffic engineer's reports.
(f) 
One tractor-trailer truck parking space shall be required for each motel or transient residential accommodation.
(g) 
Landscaping shall be provided along all lot lines unless waived by the Planning Board where the existing landscaping is found to be adequate.
(h) 
Adequate lighting and signage shall be provided based upon current requirements, and objectionable or hazardous lighting glare shall be shielded from adjacent properties and streets.
(i) 
Such establishments shall be located no closer to any state highway than 300 feet. No direct access to any state highway shall be permitted unless such access is via a separate ramp to and from an interstate highway.
(j) 
Additional uses which are allowed accessory to a full-service truck stop are auto and truck repair facilities, a truck wash and convenience store.
(k) 
Drainage plans shall include oil/water separation systems acceptable to the Town Engineer and Planning Board.
(21) 
Golf course, country club on site of not less than 50 acres. See "commercial public recreation uses," etc., for additional conditions.
(22) 
Home veterinarian office, breeding kennel. See "animal hospital."
(23) 
Hospital, sanitarium, nursing home, rest home:
(a) 
The lot area shall be not less than five acres, and the lot shall have a minimum frontage of 400 feet along the principal bounding roadway.
(b) 
All buildings and structures shall be at least 50 feet from any property line.
(c) 
Lot coverage shall not exceed 20%.
(24) 
Hotel: See requirements for motel and/or hotel under § 235-15.4C.
(25) 
Integrated residential, agricultural and light industrial community.
(a) 
Such communities shall include the following allowable uses, which may be approved as one special permit use permit on one or more lots at the discretion of the Planning Board:
[1] 
Living and sleeping accommodations for not more than 250 residents in not more than 40 dwelling units distributed over not more than 14 structures pursuant to a cluster plan authorized elsewhere in this chapter.
[2] 
Private cooking and dining facilities to service only the residents, guests and invitees of the owner of the property.
[3] 
Educational facilities.
[4] 
Child care for the residents of the property.
[5] 
Administration services.
[6] 
Health care services for the residents of the property.
[7] 
Recreation facilities.
[8] 
Maintenance and farm buildings.
[9] 
Cemetery.
[10] 
House of worship.
[11] 
Light industrial facility of not more than 85,000 square feet.
[12] 
Heating facility.
[13] 
Water supply, storage and distribution facilities.
[14] 
Sewage treatment and collection facilities to service only the lands within the RA-CE District.
(b) 
Special conditions for this use are:
[1] 
The execution of a conservation easement to assure perpetual protection of open space and Town access to an undefined potential water storage site. The conservation easement shall have three parts:
[a] 
The 73 +/- acre core area on which the new residential structures, the services attendant to the residential community, the main place of worship and ancillary uses are to be located, all as to be shown on the proposed site plan.
[b] 
The ten-acre portion of the site which would be a tax-paying parcel limited to light industrial use of not more than 85,000 square feet plus a central heating plant subject to Planning Board approval.
[c] 
The remaining portion of 180 =/- acres of the site will be limited to the existing residential structures, agriculture, open space, access to a water storage area and other open space uses, as defined in the conservation easement.
[2] 
Access to the 73 +/- acre core area shall be limited to Coleman Road. There will be no regular vehicular connection to the adjoining ten-acre light industrial site. Emergency connection will be maintained.
[3] 
The core area shall be serviced by central water and sewer systems to be built, operated and maintained by the landowner. The site may contain a water storage tank with a capacity of appropriate gallonage as is required for the community and a sewage treatment plant with a treatment capacity of appropriate gallonage as is required for the community, which STP shall service only the lands which are within the RA-CE Zoning District.
[4] 
The ten-acre light industrial portion of the site is limited to a maximum build-out of 85,000 square feet for the light industrial facility plus the heating plant and ancillary structures as approved by the Planning Board.
[5] 
The community will be heated by a biomass heating plant with an initial capability of producing 950,000 btu/hour peak output. Additional boilers will be added as needed. State permits will be secured where required prior to being put on-line. A backup system will be in place prior to issuance of the initial certificate of occupancy. Fuel to be used in the biomass system shall be limited to wood chips, which will be stored in an enclosed structure.
[6] 
All development shall be consistent with the findings of the completed SEQRA process adopted April 29, 2002, unless amended by subsequent action pursuant to law.
[7] 
Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily except Sunday, when no construction is permitted.
(25.A) 
Mobile home park - age restricted.
(a) 
See "licensed mobile home court" and apply all of those conditions as appropriate.
(b) 
Unless otherwise determined in the sole discretion of the Town Board, all improvements shall be privately constructed, owned and maintained and the expense of all such construction, operation and maintenance will be borne by the owners and/or occupants of the park and not by the Town of Montgomery. Prior to any final approval of the special permit use, appropriate documentation, including, without limitation, bylaws, covenants, declarations and similar documents, must be approved by the Planning Board and the Municipal Attorney to ensure that all owners and occupants receive constructive notice of such private obligations.
(c) 
The Planning Board as a condition of the approval of the special use may require that the issuance of site plans and building permits be phased in accordance with the level of improvements constructed and that a defined number of remaining building permits be withheld until all required improvements are in place and fully operational.
(d) 
Each dwelling unit shall be occupied by at least one resident at least 55 years of age, and no occupant shall be less than 19 years of age. Prior to any final approval of the special permit use, appropriate documentation, including, without limitation, bylaws, covenants, declarations and similar documents, must be approved by the Planning Board and the Municipal Attorney to ensure that these age restrictions are followed and that all of the Town's expenses of enforcement, including reasonable attorneys' fees, shall be paid in full by the owner of the land and, in addition to all other available remedies, such expenses may become a lien against the real property and may be collected in the same manner as other Town taxes.
(e) 
The overall density of the age-restricted mobile home park shall be established by the Planning Board during the review process and shall provide for permanently protected open space in such amount and location and with such conditions as approved by the Town Board prior to the issuance of a special exceptions use permit by the Planning Board. However, in no case shall the overall density established by the Planning Board be less than that allowed under § 235-6.3 for the R-MHC Mobile Home Court zoning designation. The location, extent and condition attendant to the open space shall be contained in a conservation easement or similar document to be approved by the Municipal Attorney and recorded with the Orange County Clerk prior to the issuance of the first building permit for the project.
(f) 
Lands within the age-restricted mobile home park shall not be subdivided into individual plots or parcels or lots. However, the dimensional requirements as set forth for the R-MHC (Mobile Home Court) District shall be used to develop an overall site plan for the age-restricted mobile home park to determine such matters as road layout, open space, utility services and overall allowable development density.
(g) 
Prior to June 1 of each year, the owner of the age-restricted mobile home park shall submit to the Town Code Enforcement Officer a certification executed by either an attorney or professional engineer licensed to practice in the State of New York attesting to the fact that, based upon an inquiry performed by the attorney or professional engineer within the preceding 45 days, each dwelling unit of the age-restricted mobile home park was occupied by at least one resident at least 55 years of age and that no occupant was less than 19 years of age.
(26) 
Licensed mobile home court. The lot area shall be not less than five acres, and a proposed site development plan for the entire site, prepared by a licensed professional engineer, shall be submitted for approval. The initial development shall cover at least two acres, and subsequent additions shall be not less than one acre. All mobile home courts in existence at the time of the enactment of this chapter are required to comply with all requirements on this section within two years of the date of enactment. The site development plan shall reflect the following minimum standards and features:
(a) 
A street system with paved roadways, a minimum of 20 feet wide, with curbs or gutters, giving access to all mobile home spaces; and at least two access drives to and from the public street.
(b) 
Established mobile home spaces of not less than 2,000 square feet and a minimum width of not less than 30 feet; provided, however, that the average area of all spaces shall not be less than 3,000 square feet, and the average width of all spaces shall not be less than 40 feet. There shall be at least 12,000 square feet of area provided for each trailer. Area requirements of this Subsection C(26)(b) shall apply to all new mobile home courts and expansion of existing mobile home courts.
(c) 
Each mobile home space shall have:
[1] 
A twelve-foot-wide driveway from the street;
[2] 
A stabilized gravel mobile home stand;
[3] 
A four-inch concrete patio, 10 feet by 18 feet in area;
[4] 
An inconspicuous fuel oil storage shelter; and
[5] 
Suitable weatherproofed utility connections.
(d) 
All mobile homes and accessory structures shall be at least 30 feet apart.
(e) 
Mobile homes shall be set back at least:
[1] 
Fifty feet from the right-of-way of any public street or highway;
[2] 
Twenty-five feet from mobile home court streets; and
[3] 
Thirty feet from all other property lines.
(f) 
On-site storm water drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.
(g) 
Sewage disposal and water supply systems approved by the New York State Department of Health.
(h) 
A fire protection system in accordance with standards of the National Fire Protection Association recommendations, and as required and approved by local fire district officials.
(i) 
A complete electrical system in conformance with municipal electrical code provisions, including outdoor lighting along all interior streets, entrances and exits and in public open spaces, with at least one sixty-watt bulb for each 50 feet of street length and an equivalent level of lighting over public open spaces.
(j) 
Garbage and trash collection points so located that no mobile home is more than 150 feet from such a point, equipped with an adequate number of metal garbage cans with tight-fitting covers, and appropriately screened from view.
(k) 
Centrally located public telephone, separate emergency sanitary facilities for men and for women and emergency public water supply.
(l) 
The location of other desired community facilities.
(m) 
An equipped recreation facility with an area equivalent to the proportion of one acre per 100 mobile home spaces in the court, but not less than 1/2 acre in any case.
(n) 
A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.
(o) 
All accessory structures in a mobile home court shall comply with the Building Code, this chapter, and such other codes, ordinances and regulations as shall apply.
(27) 
Membership club, nonprofit. See "church," etc.
(28) 
Motel, resort, inn and/or hotel.
[Amended 4-18-2022 by L.L. No. 6-2022]
(a) 
There shall be at least two acres of lot area plus an additional 1,500 square feet for each additional overnight accommodation guest unit beyond the first 75.
(b) 
Accessory uses to a motel, inn and/or hotel on the same lot may include a related office, restaurant facilities, conference rooms, bars, lounges, gift shops, sundries shops, business centers, fitness centers, recreation facilities solely for use by guests and off-street parking, and which shall not exceed 25% of the total floor area.
(c) 
Motels, resorts, inns and hotels shall be occupied only on a transient basis, with the exception of a single overnight accommodation guest unit, which may be used for occupancy by employees.
(d) 
Resorts shall provide at least 200 square feet of accessory interior recreational, restaurant, bar, lounge, or fitness floor area or at least 5,000 square feet of exterior recreational amenities per guest room or any combination thereof.
(29) 
Nursery school. See "day camp."
(30) 
Philanthropic, fraternal or social organization office or meeting room. See "church," etc.
(31) 
Planned adult community (PAC). "Planned adult community (PAC)" is defined as a mixture of housing types, as approved by the Planning Board, limited by age whereby at least one resident of a dwelling shall be 55 years of age or older and no one under age 19 shall be a resident of a dwelling unit. An applicant shall prepare and provide the required bylaws, deed restrictions and other similar documents, including, without limitation, the offering plan setting forth compliance with the conditions herein contained and with the conditions of any Planning Board approvals of a PAC, to the satisfaction of the Town Attorney and other agencies with jurisdiction prior to final approval. No authorization for any building permits shall be granted by the Town unless the Planning Board shall have approved the special permit use (SPU), site plan and/or subdivision (if any) applications upon a finding that the total project is in keeping with the intent of this provision to provide flexible planning for senior citizen residential development and to promote the master plan while meeting the following special conditions:
(a) 
A planned adult community (PAC) only may be approved by the Planning Board of the Town of Montgomery for the entirety of those certain two tax parcels presently known as Town of Montgomery Tax Map Section 29, Block 1, Lots 10, 32.11 and 32.12, together with tax parcel 29-1-22.222, if said parcel is acquired to be a part of the PAC, which Tax Map parcels consist of 191 contiguous acres more or less, situate on the north side of Goodwill Road in the Town of Montgomery, and are indicated on the Zoning Map of the Town as RA-1/PAC.
[Amended 4-18-2022 by L.L. No. 6-2022]
(b) 
An overall development plan shall be presented showing the use or uses proposed at a scale of one inch equals 200 feet or larger indicating the areas set aside for each use, and the locations of all structures, parking spaces, rights-of-ways and roads or drives and the provision for central community water and sewer services or other public services. Subsequent plans at larger scales for various project components shall be required under the subdivision or site plan review process.
(c) 
The gross density in terms of dwelling units per acre over the entire development shall not exceed the number of units permitted as determined by multiplying the net acreage on the site by the density factor of 2.75 dwelling units per acre, exclusive of senior citizen assisted-living units as otherwise defined elsewhere in this chapter.
(d) 
Net acreage is that area of the site remaining after the following areas have been deducted:
[1] 
Water bodies existing at the time of applications.
[2] 
Areas subject to flooding under FEMA mapping or within the FP District as regulated herein.
[3] 
Areas occupied by a public utility easement in such a manner as to prevent their use and development for uses other than open space, agriculture, roads or parking lots.
[4] 
Areas to be used for religious, commercial, educational, cultural institutions or other quasi-public, institutional or medical or residential care facilities. Public schools, future public or private roads, recreation areas or buildings affiliated with the residential development's owners' association shall not be deducted in determining net acreage.
(e) 
The resultant open space or common land shall be used for recreational and community purposes, including natural parkland, community association buildings, active and passive indoor and outdoor recreation areas, open space or field areas, storage buildings and areas for community residents only, and service or garage and storage buildings for the community.
(f) 
The proposed PAC shall comply with all the Zoning Law requirements except for lot area, width, coverage, setback and other dimensional requirements as approved by the Planning Board. As part of the residential cluster, dwellings may be in the form of single-family attached or detached, townhouse or multifamily dwellings in whatever form of ownership is mutually agreed to between the applicant and Planning Board. Central sewer and water services shall be required for all units.
(g) 
Additional uses allowed in the planned adult community as special permit uses:
[1] 
Commercial retail, personal service, food service and office uses up to a maximum of 3% of the gross site area contained in the application prior to any subdivision. These uses are allowed, provided they are located in the central or core area of the site at least 400 feet away from existing roads and primarily intended to serve the residents of the PAC.
[2] 
Senior assisted-care facilities and nursing care facilities. In a planned adult community these uses shall not be required to have direct access to a state or county road. The maximum density for senior assisted-care facilities shall not exceed 25 senior assisted-care units per acre. The maximum number of senior assisted-care units shall not exceed 200 in any one PAC.
[3] 
Recreational facilities as part of the open space and recreational area for a planned adult community, including a community center or clubhouse.
[4] 
Accessory uses allowable in a PAC are limited to the following, all of which shall be subject to Planning Board special permit use permit and site plan approval:
[a] 
Table of Use Regulations for Residence and Agricultural Districts, Row F, Items 2 through 4, 6, 7, and 9.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[b] 
Table of Use Regulations for Business and Industrial Districts, Row F, Items 2, 3, 5, 6, and 9 through 15.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
[5] 
Limited commercial, directional, development and announcement signs along Goodwill Road shall be restricted and/or controlled by the Planning Board and allowed only in keeping with the intent of this chapter to limit commercial activity along existing Town roads.
[6] 
Residential and commercial uses are allowed to be mixed in a structure or on a portion of the site, but the commercial portion of the mixed-use area shall count toward part of the 3% maximum allowable area for commercial uses.
(h) 
Golf courses or country clubs in an adult community can be executive or short courses and are not required to be 50 acres in area on one or more lots.
(i) 
Lots in adult communities may have access to private roads. Private roads are allowed in adult communities, provided they are located within fifty-foot-wide rights-of-way, and further provided they are constructed to Town Board specifications in terms of cross sections. Road widths, curbing, sidewalks and drainage shall be determined by the Town Engineer and Planning Board.
(j) 
The subdivision of lots within a planned adult community shall be reviewed and approved simultaneously with the special permit use and site plan applications. If a subdivision is required, it shall be reviewed in accordance with the current Subdivision Regulations of the Town.[3]
[3]
Editor's Note: See Ch. 200, Subdivision of Land.
(k) 
Recreation fees in lieu of parkland shall be chargeable to each residential unit (not including senior assisted-care facilities) at a rate of $1,000 per dwelling unit for the first 250 units, payable at the time of application for the building permit for the particular unit or units. The Building Department shall refuse to issue a building permit unless this recreation fee has been paid. In the event that all of the on-site recreational facilities have been fully constructed and are in operation and available to area senior citizens in a manner similar to the availability of these facilities to community residents at the time of the issuance of the building permit for the 250th dwelling unit, no further recreation fees shall be due and owing. In the event that all of said on-site recreational facilities are not operational and available to the community residents and area senior citizens as above, the recreation fees at the rate of $1,000 per dwelling unit or lot shall be due and payable for all such units in excess of 250 units until such time as all of the on-site recreation facilities are operational and available to such persons. There shall be no refunds of any recreation fees once due, owing and paid, notwithstanding that all of the on-site amenities eventually are operational and made available to the community residents and area senior citizens as above.
(l) 
Application fees shall include the following:
[1] 
Subdivision fees for single- and two-family lots where appropriate;
[2] 
SEU and site plan fees in accordance with the fee schedule for all other multifamily residential, commercial, recreational, senior or health care or community facilities or other disturbed areas;
[3] 
SEQRA fees as appropriate in accordance with 6 NYCRR 617.13(a) through (g), inclusive, as same now exists or may be amended.
(m) 
In the context of this § 235-15.4(C)(31), the words "community" or "community association" refer strictly to the development and residents thereof and not to the greater Montgomery area outside the boundaries of the proposed development.
(n) 
It is the general policy of the Town that all central sewer and water systems be owned and operated by the Town or a Town improvement district. It is required as a condition to final approval of the special permit use, site plan and/or plat that any central sewer and/or central water systems shall become a part of an improvement district that shall be legally formed or extended at the sole discretion of the Town. Such systems necessary to service the subject PAC, together with their appurtenances, shall be offered for dedication to such districts without costs to the districts. The owner shall petition the Town Board in this regard prior to the sale or transfer of any part of the subject property. In the event that additional water and/or sewer capacity is developed by the sponsor over and above the needs of the PAC, a fair and equitable share of the permitting and construction costs of said additional systems shall be paid by any other users of said facilities.
(o) 
In connection with § 235-15.4C(31)(n) above, no development shall occur within a 200-foot radius of a wellhead constructed within the area noted as a "favorable location of a high-yielding bedrock well" as set forth on those certain maps and in those certain reports entitled "Orange County Groundwater Study, Orange County Water Authority for the Town of Montgomery," dated May 1998.
(32) 
Public library, museum, community center, fire station, municipal office or other governmental building of similar character. See "church," etc.
(33) 
Public passenger transportation station or terminal. All loading or unloading locations for public transportation vehicles shall be off-street.
(34) 
Public utility building, plant, structure or storage yard.
(a) 
All buildings, structures or equipment installations, exclusive of transmission lines, shall be at least 50 feet from any property line.
(b) 
All open storage and equipment areas shall be adequately fenced and screened.
(35) 
Public utility structure or right-of-way necessary to serve areas within the Montgomery community, excluding business office, repair or storage of equipment.
(a) 
All buildings, structures or equipment installations, exclusive of transmission lines, shall be at least 50 feet from any property line.
(b) 
Outdoor installations shall be adequately fenced and screened.
(36) 
(Reserved)
(37) 
Recycling handling and recovery facilities.
(a) 
This subsection shall regulate recycling handling and recovery facilities, including:
[1] 
Composting operations.
[2] 
Recyclable handling and recovery facilities, including post-collection separation facilities.
[3] 
Waste tire storage and processing facilities.
[4] 
Construction and demolition debris processing facilities.
[5] 
Waste transfer stations.
[6] 
Wood-chipping facilities.
(b) 
General requirements.
[1] 
This § 235-15.4C(37) specifically excludes any of the facilities listed above which may be owned and/or operated by the Town of Montgomery.
[2] 
All other recycling uses are excluded under this chapter and, therefore, are not permitted.
[3] 
All proposed facilities must comply, at a minimum, with all applicable state requirements pursuant to Part 360 as amended from time to time. All specific references in this chapter to 6 NYCRR Part 360, or to "Part 360," shall mean such section and subsections most recently amended.
[4] 
All proposed facilities, regardless of size or throughput unless specified otherwise, must comply with the requirements of this chapter.
[5] 
Proposed facilities must demonstrate compliance with the approved Orange County Solid Waste Management Plan or receive approval from the Orange County Department of Environmental Facilities and Services or successor agencies.
[6] 
All facilities/uses covered under this § 235-15.4C(37) are considered special permit uses and, therefore, require a special permit use permit and site plan approval by the Planning Board and in accord with this § 235-15.4 and § 235-16.5 of this chapter, as amended, regardless of whether a building permit is required. These facilities may be permitted as a special permit use as listed in the Table of Use Regulations for Business and Industrial Districts.[4]
[4]
Editor's Note: Said table is included as an attachment to this chapter.
[7] 
An applicant may apply for more than one special permit use for facility regulated by this subsection.
[8] 
Subject to the existing requirements of the Zoning Law of the Town of Montgomery, including § 235-9.1A, this subsection is not intended to restrict or prohibit the storage and/or recovery or recycling of farm products in accord with generally accepted farming practices, nor is this subsection intended to prevent or prohibit the storage of such materials by individual landowners for their own use or by retail landscape stores and/or garden centers that store not more than the amount of finished product reasonably expected to be sold at retail.
[9] 
For the purposes of this chapter, the Town Board finds that the storage of organic material and the recovery or recycling of same is not an agricultural practice unless such facility is operated in connection with an ongoing agricultural operation for the purpose of storage of annual field crops or the recycling or recovery of animal wastes. An agricultural operation is as that term is defined in the relevant sections of the Agriculture and Markets Law of the State of New York.
(c) 
Submission requirements. The applicant shall provide the following information, as prepared by a New York State licensed professional engineer, to the Planning Board for review at the time of the application:
[1] 
A site plan that indicates property lines, buildings and appurtenances, roads, parking areas, drainage patterns, elevation contours, location of residences, potable wells and surface water bodies, including wetlands, both on the subject site and within 200 feet of the boundaries thereof. All requirements of § 235-16.5, Required site plan procedure and standards, of this chapter must be met.
[2] 
A facility operations plan must be submitted indicating the times of operation, expected quantities of material to be received and processes to be used. This plan must include an outline of throughput duration, operations and maintenance schedules, equipment processes, including distribution of product, as well as the time frame other materials will remain on site.
[3] 
A description of the source, quantity and quality of material proposed to be processed at the facility.
[4] 
A description of facility operations, including a list of equipment to be used, including trucks, expected travel routes and methods of application.
[5] 
Odor, dust and vector control plan.
[6] 
Written notification that the requirements of Part 360 have been met. If a NYSDEC permit is required, written notification from the NYSDEC must be submitted. All SEQR and permit applications and determinations shall be coordinated at the discretion of the Planning Board and/or otherwise if required by law. In all circumstances, if the provisions of this chapter impose a more stringent standard, such provisions shall control. If a NYSDEC permit is not required, the applicant must, nevertheless, comply with requirements of the Part 360 regulations and all revisions thereof and the requirements of this chapter to the satisfaction of the Town Planning Board.
[7] 
A contingency plan for use in the event of an on-site emergency. The contingency plan must be submitted to and be approved by the Town of Montgomery Planning Board after referral to the appropriate fire company and other emergency service agencies.
[8] 
Financial assurance estimates and proposed form of surety as per § 235-15.4C(37)(f).
[9] 
A proposed facility closure plan.
(d) 
Siting and design requirements.
[1] 
The facility must be located on a suitable base material to ensure stability and accessibility.
[2] 
Approach roads to the facility and access roads within the facility must be constructed for all weather conditions and maintained in passable conditions at all times to allow for access by firefighting and emergency response equipment.
[3] 
The site and facilities shall generally be level and well drained and must be free of standing water with the exception of fire suppression or other mitigative facilities.
[4] 
Depth to seasonal high groundwater table must be greater than 24 inches at all points where operations occur.
[5] 
Surface water drainage must be diverted away from the operating and storage areas.
[6] 
The facility must have adequate water supply for operations and dust control.
[7] 
The facility must meet the setback requirements specified in the Table of Bulk Requirements for Composting, Recycling Handling and Recovery Facilities in this chapter.[5]
[Amended 11-3-2022 by L.L. No. 13-2022]
[5]
Editor's Note: Said table is included as an attachment to this chapter.
[8] 
The facility must comply with the provisions of § 235-11.9 (Performance buffering).
[Amended 11-3-2022 by L.L. No. 13-2022]
[9] 
Access to the site shall be controlled to prevent unauthorized dumping during nonbusiness hours. The operator shall establish a procedure and mechanism for proper disposal of orphaned waste at an approved disposal facility.
[10] 
In no case will any facility operation be located on a 100-year floodplain or regulated wetland.
[11] 
The loading and unloading areas must be adequate in size and design to facilitate efficient unloading and loading of vehicles and the unobstructed movement of vehicles.
[12] 
The facility may only be sited as a special permit use as specified pursuant to this chapter.
[13] 
The facility must be designed in accordance with the specifications in the Table of Bulk Requirements for Composting, Recycling Handling and Recovery Facilities in this chapter.
(e) 
Operations. The applicant must submit an operations plan which provides an overview of daily operations and maintenance schedules, equipment, including without limitation construction vehicles and schedules for the transfer and/or sale of recycled goods or finished products. The term "operations" shall also include the storage of any and all materials. The operations plan must demonstrate that the following criteria will be met:
[1] 
General.
[a] 
Dust from operation areas and roadways shall be controlled so as to not migrate off site.
[b] 
No materials shall be allowed to blow off site.
[c] 
All odors must be controlled in a manner to prevent a nuisance to off-site properties and as described in the operations plan.
[d] 
The owner/operator must maintain daily operational records for the facility, yearly truck quantities of each type of material entering and leaving the facility, the mechanism used for processing the material and a listing of end uses of this material. This information must be summarized and submitted to the Town Planning Board in the form of a facility report every six months from the date of approval or at more frequent intervals if, in the judgment of the Planning Board, such more frequent submittals are required.
[e] 
Fire precautions must be made to reduce the risk of ignition and fire at the facility. This will include, at a minimum, limiting smoking, welding, storage of flammable liquids and open fires to areas with less risk.
[f] 
Provisions for vector and insect control must be made so as to limit on- and off-site impacts.
[g] 
Any changes to the facility design or operations as submitted to the Town Planning Board in the original application shall be submitted to the Town Planning Board for review and for approval as a site plan modification.
[h] 
The noise limitations resulting from the facility operations at the facility property lines shall be no greater than the following:
[i] 
Fifty-seven decibels (dbA) from 7:00 a.m. to 10:00 p.m.
[ii] 
Forty-seven decibels (dbA) from 10:00 p.m. to 7:00 a.m.
[i] 
All facilities regulated under this § 235-15.4C(37) shall operate only during the following hours: 7:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays. No operations shall be conducted on Sundays and the following holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
[2] 
Additional operations requirements for composting facilities.
[a] 
At a minimum, all requirements of 6 NYCRR 360-5.5 must be met.
[b] 
In addition, all composting facilities receiving/processing more than 10 cubic yards (CY) per week of organics must comply with this chapter and § 235-15.4.
[c] 
The facility must utilize a steady supply of balanced feedstock to allow composting operations without significant stockpiling of one type of material.
[d] 
Yard waste or compost product may not be stored on site for more than 12 months.
[e] 
Compost piles must be turned when reaching excessive ranges of heat 145° F., when in need of aeration and/or when the pile is becoming anaerobic.
[f] 
Finished compost product stored on site must be sufficiently mature so as to not produce nuisance conditions on off-site properties, including odor, vector attraction and potential for fire.
[g] 
Material that is not to be managed on site must be removed within 10 days. This includes solid waste and other materials not approved for processing on site by the Town.
[h] 
The decomposition process will be properly managed and maintained in an aerobic condition to prevent unnecessary odors. The temperature of compost piles shall be monitored and recorded regularly during the decomposition process. The temperature records must be submitted to the Town Planning Board as part of a biannual or more frequent facility report, the substance and contents of which shall be determined as a condition of the permit.
[i] 
To reduce pathogen and weed seed growth, the piles must have a recorded temperature of at least 55° C. or 140° F. for three consecutive days prior to finished product distribution.
[j] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of composting facilities.
[3] 
Additional operations requirements for recyclable handling and recovery facilities.
[a] 
At a minimum, all requirements of 6 NYCRR Part 360-12 must be met.
[b] 
Trucks transporting recyclables must be removed within one week of being filled to capacity.
[c] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of recyclables handling and recovery facilities.
[d] 
All on-site storage shall occur inside of an approved structure or contained within a covered roll-off or other acceptable container.
[4] 
Additional operations requirements for waste tire storage and processing facilities.
[a] 
Waste tire storage and processing facilities must, at a minimum, meet the requirements of 6 NYCRR 360, Subpart 12, and § 235-15.4C(37)(c). If the processing facility requires tires, the requirements of 6 NYCRR 360, Subpart 13, must also be met.
[b] 
Facilities storing 1,000 or more tires at any time during a year or a facility processing 1,000 or more tires per year must comply with this subsection, including the requirements listed below.
[c] 
Trailers transporting tires, either whole or processed, must be removed from the site or placed within the approved structure within one week of being filled to capacity. Each trailer must be registered with the NYSDEC under a valid waste transporters permit pursuant to 6 NYCRR Part 364. Not more than six trailers may be stored at any one time on sites of under three acres. For sites in excess of three acres, two additional trailers may be stored for each additional acre.
[d] 
The owner/operator must have established markets for the timely removal of tires.
[e] 
Unprocessed tires not otherwise stored in trailers per the requirements herein must be stored inside of a structure that is acceptable to the Town Planning Board. Such a structure shall at a minimum consist of a roof, four walls and a foundation to adequately secure the tires from the elements and to prevent vectors from having unrestricted access to the facility.
[f] 
Tires received must be appropriately sorted and stored immediately upon receipt.
[g] 
Waste tire storage areas must be accessible on all sides to firefighting and emergency response equipment.
[h] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of waste tire storage and processing facilities.
[5] 
Additional operations requirements for construction and demolition debris processing facilities.
[a] 
At a minimum, all requirements of 6 NYCRR 360, Subpart 16, must be met.
[b] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and recordkeeping of construction and demolition debris processing facilities.
[c] 
All construction and demolition processing shall be performed wholly within an approved structure.
[6] 
Additional operations requirements for transfer stations.
[a] 
At a minimum, all requirements of 6 NYCRR 360, Subpart 11, must be met.
[b] 
Facilities handling 1,500 tons per year or 6,000 cubic yards per year or more of solid waste must comply with this subsection.
[c] 
Solid waste must be removed within five days of receipt at the facility or whenever transfer containers are full, whichever comes first.
[d] 
Transfer stations that store, collect or process recyclables must also comply with § 235-15.4C(37)(e)[3] of this section.
[e] 
Transfer stations that collect, store or process compostables must comply with § 235-15.4C(37)(e)[2] of this section.
[f] 
Transfer stations may not compost solid waste under this subsection.
[g] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of transfer stations.
[h] 
All transfer station operations shall be performed wholly within an approved structure.
[7] 
Additional operations requirements for wood-chipping facilities.
[a] 
At a minimum, all requirements of 6 NYCRR Part 360-5 must be met.
[b] 
In addition, all wood-chipping facilities receiving/processing more than 10 cubic yards (CY) per week of wood chips must comply with this chapter.
[c] 
Wood chips may not be stored on site for more than 12 months.
[d] 
Wood chip piles must be stored in a manner that will prevent them from decomposing on site.
[e] 
Finished product stored on site must not produce nuisance conditions on off-site properties, including odor, vector attraction and potential for fire.
[f] 
All finished product must be stored inside of an approved structure or must be covered by impermeable material to protect the material from the elements and to prevent decomposition of the material on site.
[g] 
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of wood-chipping facilities.
(f) 
Financial assurance.
[1] 
The owner and operator of the proposed facility will be required to provide for financial assurance for facility closure, and such financial assurance shall be in addition to and not in lieu of any other security posted with any other federal, state or county regulatory agency. The forms of financial assurance acceptable to the Town of Montgomery include an irrevocable letter of credit, closure trust fund, or passbook assignment. The mechanism for closure financial assurance must be approved by the Town Board.
[2] 
Surety must be in an amount equal to the disposal cost of maximum facility capacity plus associated transport, cleanup and handling fees to be determined by the Town at the time of application. Disposal costs are based on the current tipping fees at the Orange County transfer station multiplied by the facility maximum capacity. In the event that the Town Board determines that the surety is not adequate to properly close the facility, then, upon written notification to the permit holder, the Town Board may modify the surety requirements accordingly. Upon receipt of such notification, the permit holder shall provide evidence of surety to the Town Board within 30 days.
[3] 
Any applicant for any permit regulated by this § 235-15.4 must submit an estimate of the amount of surety necessary to comply with this § 235-15.4, together with the proposed form of surety, at the time of submission of the application.
(g) 
Penalties and remedies. The failure to maintain and operate the site as required by these regulations shall be grounds for enforcement as noted in § 235-16.10 of this chapter and any revisions thereof with the following attendant penalties therein:
[1] 
If the Town Building Inspector or his deputy determines that a facility is operating in contravention to its approved site plan and/or facility operations plan and/or special permit use permit, the Inspector shall serve notice to the owner and/or operator of the facility as specified in § 235-16.10 of this chapter.
[2] 
Such notice will require the owner and/or operator to take action immediately after service of the notice. If the violation is not remedied within a reasonable time after said notice, fines may be imposed by the Town in the amount of 2% per week of the estimated facility closure cost as calculated under § 235-15.4C(37)(f).
[3] 
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be taken to correct or abate such violation of this chapter.
[4] 
Notwithstanding the above, if the Town Building Inspector or his deputy determines that immediate remedial action must be taken to prevent a potentially hazardous condition from causing damage to persons and/or property, the owner and/or operator of the facility or the person on the site with the most authority of the owner and/or operator, if different, shall be served with a written notice advising of the immediate action to be taken and that failure to immediately undertake such action and pursue to completion with all due diligence shall result in a call of all or a portion of the financial security without further notice.
(h) 
Renewals.
[1] 
Permits issued by the Town of Montgomery Planning Board for any and all facilities and operations shall be valid for a period of two years from the date of issuance. The permit holder shall notify the Planning Board Chairman and Town Building Inspector, in writing, at least 120 days prior to the expiration date of the permit to either i) indicate that the facility is being closed in accordance with the approved closure plan on file with the Town; or ii) make formal application to the Planning Board for renewal of the permit. Formal application to the Town shall include a certification signed by the applicant and owner attesting that the facility is currently operating in compliance with all applicable requirements of this chapter and the permit for the facility as issued by the Planning Board. The formal application for renewal shall also include such information as deemed necessary by the Planning Board to authorize the Planning Board to meet the requirements specified in § 235-15.4C(37)(h)[2] below.
[2] 
Upon notification from the permit holder that the permit is to be renewed, the Town Planning Board shall review the compliance records of the permitted facility and may require the applicant to update the operations plan, closure plan and/or site plan to address deficiencies in current operations and/or the application of new technologies or changes in applicable regulations, or make other necessary modifications as deemed necessary and appropriate by the Planning Board. The Town Planning Board may also require changes to the form or amount of financial assurances provided for closure of the facility, subject to the approval of the Town Board. The Planning Board is not required to convene a public hearing for permit renewal applications intended to be approved by the Planning Board but, in its discretion, may convene such public hearings.
[3] 
If the Planning Board determines that there exists a basis to deny the completed renewal application, it shall notify the permit holder of its intent in writing. The Planning Board shall issue its formal written notice of intent within 45 days of receipt of a complete renewal application. Once the Planning Board issues this written notice of intent, the Planning Board shall schedule and convene a public hearing for purposes of receiving evidence on the issue of the permit renewal application.
(i) 
Monitoring fees. In connection with any and all permits granted hereunder, the permittee shall pay to the Town of Montgomery within 14 days of issuance of the permit a post-permit monitoring fee representing the estimated expense of the Town of Montgomery in monitoring the subject facility for a one-year period for compliance with the permit or permits herein granted. Prior to issuance of the permit or permits, the Planning Board shall submit to the Town Board a written recommendation as to the proposed first-year monitoring fee. The applicant and the proposed permittee, if different, shall be provided with a copy of such written recommendation. Within 30 days of receipt of such written recommendation, the Town Board, at a public meeting, shall establish said fee after providing the applicant and/or permittee with an opportunity to comment on the fee issue only, either orally or in writing.
[1] 
This fee may be adjusted on an annual basis by the Town Board. If an adjustment is made, the permittee must have prior notice of same and must be presented with an opportunity to be heard.
[2] 
Failure to pay the initial fee and/or failure to pay the annual fee shall be grounds to revoke said permit or permits.
(38) 
Repair garage.
(a) 
The lot area shall not be less than one acre.
(b) 
All repair garages which provide gasoline station services shall meet the requirements of § 235-15.4C(17).
(c) 
Traffic circulation of all vehicles within the site and entrance and exit shall be approved by the Planning Board.
(d) 
Premises shall not be used for the sale, rent or display of motor vehicles, trailers, mobile homes or boats.
(e) 
The area devoted to the outdoor storage of damaged motor vehicles or parts thereof, for purposes of dismantling, insurance review or service, will be screened from view by enclosing such areas with an opaque fence eight feet high or locating them inside a building. Outdoor storage of more than five vehicles shall be regulated by the Planning Board during the site plan approval process.
(39) 
Retail industry.
(a) 
The lot area shall be not less than eight acres with a minimum frontage along a state highway of at least 800 feet and with an average lot depth of 400 feet.
(b) 
Landscaping shall be provided along all side and rear lot lines and front facades of buildings unless waived by the Planning Board where the existing landscaping or natural vegetation is found to be adequate.
(c) 
Adequate lighting and signage shall be provided based upon current requirements, and objectionable or hazardous lighting glare shall be shielded from adjacent properties or streets.
(d) 
The lot shall otherwise be subject to all other dimensional requirements of the Table of Dimensional Regulations for B-1 District uses.[6]
[Amended 4-18-2022 by L.L. No. 6-2022; 10-6-2022 by L.L. No. 10-2022]
[6]
Editor's Note: Said table is included as an attachment to this chapter.
(40) 
Roadside markets substantially or primarily for the sale of farm products produced on the premises.
(a) 
The roadside market shall be so located as to provide adequate sight distance along the access roadway to permit customers reasonable time to turn into the site.
(b) 
There shall be adequate off-street parking of sufficient depth so that the entrance areas shall not be blocked.
(c) 
Entrance areas shall be so graded and stabilized as to assure convenient access to the site.
(d) 
Outdoor floodlighting shall be prohibited.
(e) 
Only one sign not larger than 12 square feet in area shall be permitted.
(40.A) 
Self-storage centers.
(a) 
Permitted activities. Only dead storage activities shall be permitted. For the purpose of this section, "dead storage" shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on the premises. Conducting an office, retail or other business use or sales from a storage unit shall be prohibited. One office facility and one accessory dwelling unit for a resident manager shall be permitted within the site in appropriately designed structures. If included, any dwelling unit must be an integral part of a principal building and shall not be a mobile home or other freestanding structure.
(b) 
Inside storage required. Outside storage shall be prohibited except for boats and campers which may be stored in a special parking area not in a required front yard. Storage of all other property shall be inside a building. Vehicle parking shall be provided for tenants and employees only while they are on the premises. Except for storage of boats and campers, motor vehicles shall not be parked overnight or otherwise stored outdoors on the site.
(c) 
Building locations and materials. Wherever possible, any new buildings shall be located so that their long dimension is perpendicular to the fronting street. Building facades facing the fronting street shall be on masonry construction. Minimum distance between buildings shall be 25 feet.
(d) 
Minimum width of drives shall be 20 feet. Drives shall be set back from the ends of buildings by a minimum of five feet. Drives shall be surfaced with asphalt or oil and chip. Traffic direction and parking shall be indicated by signs, either freestanding or painted on the pavement.
(e) 
Hazardous materials prohibited. Storage of gasoline or other vehicle petroleum products, radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited, and the operator of the self-storage center shall include a provision to that effect in any lease used to rent the storage units.
(f) 
Landscaping and security. The facility must comply with the provisions of § 235-11.9 (Performance buffering). The entire site shall be fenced to prevent vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to prevent glare on adjacent properties or roadways in accordance with this chapter.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g) 
Drainage. All areas between buildings shall be drained by storm sewers. Any such storm sewer discharging to a surface swale or drainageway shall discharge into a detention basin with a minimum storage capacity of 1/4 acre feet per acre of impervious site cover.
(41) 
School, elementary or high, public, denominational or private, having a curriculum the same as ordinarily given in public schools: See "church," etc.
(41.A) 
Shopping centers. Shopping centers, including strip mall and individual "big box" retail stores, are permitted in accordance with the requirements in § 235-15.4C(2).
(42) 
Senior assisted-care facility.
(a) 
Minimum lot size must equal five acres.
(b) 
Primary access must be to either a state or county highway unless the facility is accessory to a planned adult community.
(c) 
Lot coverage must not exceed 20%.
(d) 
Building setbacks must be at least 100 feet from all lot lines unless the adjacent property is part of a common plan or design, in which case that common boundary shall be regulated by the normal setbacks for that particular zone district.
(e) 
This use may not contain more than 120 individual care units on one parcel.
(f) 
The use must comply with the definition of a senior assisted-care facility as found at § 235-3.2 of this chapter.
(g) 
All licenses required by other jurisdictions must be obtained prior to, simultaneous with or as a condition of this special permit use permit.
(h) 
The minimum number of automobile parking spaces shall be one space per employee and 1/2 space per unit, and the minimum truck unloading spaces shall be two.
(i) 
The Planning Board may require landscaping and screening in such amounts and in such locations as it determines is warranted under the particular facts of the application.
(j) 
If the senior assisted-care facility is to provide or receive sewer and/or water services to or from other properties, the Town Board must approve the legal mechanism to accomplish the delivery of such services. The applicant shall petition the Town Board in this regard and shall provide with the petition all of the technical details necessary for the Town Board to reach an informed decision on this question. The Town Board at all times shall retain its discretionary jurisdiction in this regard.
(43) 
Storage for liquefied petroleum gas (LPG).
(a) 
LPG storage tanks in excess of 2,000 gallons capacity shall be set back from all lot lines at least 50 feet.
(b) 
LPG storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(c) 
The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility.
(d) 
LPG shall otherwise be stored and handled according to the latest edition of the National Fire Protection Association Manual 58, which manual shall be kept on file in the office of the Town Building Inspector.
(e) 
Aboveground storage containers shall not exceed a capacity of 120,000 gallons, nor shall the total volume of gas at any one site exceed 280,000 gallons in an I-3 District or 70,000 gallons in a B-4 or ID District. In the I-4 District, the total volume of gas storage capacity at any one site shall not exceed 360,000 gallons.
(f) 
LPG storage tanks in excess of 70,000 gallons shall be set back 100 feet, and those tanks in excess of 90,000 gallons shall be set back 125 feet from all property lines.
(g) 
Underground containers in excess of 2,000 gallons shall be set back 50 feet from all property lines.
(h) 
No combustible material of any kind, weeds and grass shall be kept within 10 feet of a LPG storage tank or container.
(i) 
LPG storage shall not be located on lands subject to ponding or flooding according to the Town Soils Map or the HUD and/or FEMA Flood Insurance Maps, unless the bottom elevation of all storage containers will be elevated to meet all applicable standards set forth in Town of Montgomery Local Law No. 4 of 2009, as may be amended from time to time.[7]
[7]
Editor's Note: See Ch. 116, Flood Damage Prevention.
(j) 
Aboveground LPG storage tanks shall be separated from each other by 20 feet.
(k) 
Gallons shall be measured in terms of water capacity.
(44) 
(Reserved)
(45) 
Theater or motion-picture theater, other than an outdoor drive-in theater. See "arena, assembly hall."
(46) 
Transfer stations. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, included at the end of this chapter.
(47) 
Truck terminals and all nonaccessory warehouses or those accessory warehouses with more than four truck docks.
[Amended 4-18-2022 by L.L. No. 6-2022; 11-3-2022 by L.L. No. 13-2022]
(a) 
Loading bays may not face street frontage areas, except where buffers with an opacity of 90% are provided along the street frontage consistent with § 235-11.9 (Performance buffering).
(b) 
Truck storage, parking or running areas shall not be located within 500 feet of a residence located in a zoning district which permits residences as a use-by-right or by special use permit or 300 feet from the lot on which the residence is located, whichever is less restrictive.
(c) 
Truck terminals and intensive warehouses shall be located on lots in excess of five acres in area.
(d) 
Buffers shall be provided in conformance with § 235-11.9 (Performance buffering).
(48) 
Veterinarian. See "animal hospital."
(49) 
Water production, supply and removal.
(a) 
Not more than 90,000 gallons per day may be removed. Daily averaging is prohibited.
(b) 
Retail sales are prohibited.
(c) 
Bottling or other similar facilities are prohibited.
(d) 
Not more than 10 truck-trailers and not more than four truck-tractors are permitted at the site at any time. The site plan must depict the acceptable loading and parking areas for such vehicles. No other commercial vehicles shall be permitted to be parked or stored on site.
(e) 
Truck traffic shall avoid, where possible, travel within residential zones to access the state and county road system.
(f) 
A wellhead protection plan shall be provided as developed by a geohydrologist as part of the approval of the special use permit and site plan.
(g) 
A groundwater study shall be prepared to describe the impacts on adjacent area wells within an area to be determined by the Planning Board based on the anticipated average daily water withdrawal and other relevant factors.
(h) 
Any New York State Department of Environmental Conservation and/or Orange County Department of Health approvals, as may be required, must precede final Planning Board approval.
(i) 
Landscaping, lighting and traffic flow on the site must be approved by the Planning Board in connection with all other plan requirements.
(j) 
The permittee must install and maintain a water meter, at its sole expense, and must maintain accurate production records, which records must be available for inspection by Town personnel upon demand.
(k) 
The application for this permit must include a description of the operation, estimated volume of production in gallons per day, methods of storage and transport and a construction plan for related facilities. All other general special permit use requirements and site plan requirements as set forth elsewhere in this chapter shall apply to this use.
(l) 
All permits granted hereunder must be renewed every three years. The applicant must apply for such renewal not less than 90 days nor more than 120 days prior to the expiration of the existing permit. Upon receipt of such application, the Planning Board may, but need not, convene a public hearing prior to ruling on the permit renewal application.
(m) 
A permit issued hereunder may be revoked for cause after due notice to the permittee and after the permittee has had an opportunity to be heard on any proposed revocation.
(50) 
Single-family residences in I-2 Airport District.
[Added 4-18-2022 by L.L. No. 6-2022]
(a) 
No new single-family residence will be permitted to be constructed within the I-2 Airport District west of Route 211 and north of the Wallkill River except for "hangar homes" which provide an accessory hangar for storage of an aircraft owned by the residential occupant, and which maintains a "residential through the fence" agreement with Orange County Airport and complies with all relevant rules and regulations of the United States Federal Aviation Administration.
(b) 
Single-family homes in the I-2 District shall meet the dimensional requirements of the RA-1 Medium Density Zoning District.
(51) 
Conference centers.
[Added 4-18-2022 by L.L. No. 6-2022]
(a) 
Conference centers offering overnight accommodations shall conform with all special permit use requirements applicable to hotels, except that there shall be no limitation on the percentage of floor area that may be devoted to conference rooms.
D. 
Special permit use and/or site plan public hearing procedure.
(1) 
Application for a permit authorizing a special permit use and/or site plan shall be made directly to the Planning Board in the form required by the Planning Board, accompanied by a filing fee payable to the Town Clerk and a site plan according to § 235-16.5.
(2) 
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board, and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 235-15.2B(1) through (4) for applications to the Zoning Board of Appeals for variances.
(3) 
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal or unless or until the said Planning Department has indicated that the type of application is one that it will not review, whichever event first happens.
(4) 
Unless otherwise superseded, the provisions of Town Law §§ 274-a and 274-b shall control the special permit use and site plan permitting jurisdiction of the Planning Board. Town Law § 274-a(8) (Chapter 694 of the Laws of 1992, effective July 1, 1993), and § 274-b(6) (Chapter 694 of the Laws of 1992, effective July 1, 1993), are hereby superseded to the extent that the requirement that every decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered shall be deemed to be the date such written decision is approved by resolution of the Planning Board.
(5) 
A record shall be established of all special permit uses granted pursuant to action of the Planning Board under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
(6) 
Upon the granting of a permit for a special permit use and/or site plan approval by the Planning Board, the Secretary of the Planning Board shall transmit written approval of such use to the Building Inspector prior to his issuance of a building permit for the special permit use and/or site plan.
(7) 
Building permits authorized by Planning Board actions on special use permit and/or site plan applications, including site plan applications approved by the Building Department, shall be obtained within 18 months and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year from the date site construction and/or site disturbance begins, or as otherwise indicated in the site plan approval or any approved phasing plans. If no building permit is received within 18 months, or that building permit expires, three extensions of 12 months each may be granted by the Planning Board where good cause is shown, after which a new application must be submitted for reapproval of the site plan and special use permit if any. The Planning Board is authorized to waive or lower the special use permit and/or site plan review fee for reapproval of a special use permit and/or site plan, where it finds that the application for reapproval is substantively identical to a previously approved permit and/or plan, and where there are no or limited changes to background conditions and the regulatory environment, thereby only requiring a cursory review. Any site plan that has been approved prior to October 1, 2020, and that has been given an extension by the Planning Board (or the Town Board for special uses that were subject to Town Board approval) shall be subject to the terms of that extension, after which upon expiration of the approved extension shall be permitted to apply to the Planning Board for up to three extensions of 12 months each subject to the terms of this requirement.
[Amended 4-18-2022 by L.L. No. 6-2022]
(8) 
The fee for applications to the Planning Board shall be in accordance with the current Town Fee Schedule.[8]
[8]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience, or the general welfare. The following specific regulations shall apply:
A. 
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
B. 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C. 
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
A. 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder, or any provisions of law or ordinances or regulations existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land, or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation, or by such easements, covenants or agreements, the provisions of this chapter shall control.
B. 
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
C. 
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any state, county, or municipal road.
A. 
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
B. 
Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Zoning Board of Appeals for interpretation and decision.
C. 
The Building Inspector shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
D. 
If the Building Inspector should mistakenly issue a building permit which violates the provisions of the chapter, that building permit shall be invalid.
A. 
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code Ordinance, Building Code, the NYS Uniform Fire Prevention and Building Code, the NYS Energy Code, the National Electric Code the National Standard Plumbing Code, all as the same now exist or are amended hereafter, and/or other generally accepted standards, at the discretion of the Building Inspector where allowed by law or regulations. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair, demolition, or moving of any building or structure, or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
C. 
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contradict the intent or the provisions of this chapter.
D. 
After completion of footings and establishing of the forms on the first course of the foundation walls, or equivalent structure, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lines of the lot, and a copy of such survey shall be filed with the Building Inspector before any further construction is commenced, unless granted temporary waiver by the Building Inspector.
E. 
No building and/or demolition permit shall be issued by the Building Inspector for any property that is subject to the procedures of the Town of Montgomery Historic Preservation Law (Town of Montgomery Local Law No. 1 of 1997),[1] as amended, without a prior referral of such building and/or demolition permit application in accord with the requirements of said Historic Preservation Law. All subsequent action by the Building Inspector regarding the decision on such permit application shall be in accord with the requirements of said Historic Preservation Law, including, without limitation, the final determination of the Historic Preservation Commission or the Town Board, as the case may be. (See Attachment 4 of this chapter.)
[1]
Editor's Note: See Ch. 157, Landmarks and Historic Districts.
F. 
The Building Inspector shall obtain a written order from the Planning Board before issuing a building permit in a case involving a special permit use pursuant to § 235-15.4 or from the Zoning Board of Appeals before issuing a building permit in a case involving a variance from the provisions of this chapter.
A. 
The following site plan provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as drainage, sidewalks, curbs, parking, landscaping, fences, building construction, utilities, accessways, lighting, driveways and grading. Any change of use of a property or portion thereof also shall require compliance with the provisions of this section, regardless of whether or not the change of use involves the construction of a new structure or the alteration of an existing structure.
B. 
Site plan requirements.
(1) 
Building permit applications for any building or structure or use, other than a one-family or two-family dwelling or their accessory buildings or structures, or for any required site plan approval whether or not such application involves the construction of a building, shall include six copies of a site plan drawn to scale containing the following items:
(a) 
Property lines and related street, right-of-way and easement lines as determined by a certified survey signed by a licensed surveyor.
(b) 
Location of existing and/or proposed buildings and structures as prepared by a licensed professional engineer or surveyor.
(c) 
Layout of existing and proposed off-street parking areas showing the details of aisles, driveways and each parking space as prepared by a licensed professional engineer or surveyor.
(d) 
Existing topography of the site and immediately adjacent property as revealed by contours or key elevations as may be required by the Town Planning Board, Town Engineer or Building Inspector and any proposed regrading of the site as prepared by a licensed professional engineer or surveyor.
(e) 
Existing and proposed stormwater facilities, as per § 235-10 (Stormwater Management and Erosion and Sediment Control) of this chapter, as well as sidewalks, curbs, curb cuts and related structures as prepared by a licensed design professional.
(f) 
Existing and proposed street trees, landscaping and fences as prepared by a landscape architect.
(g) 
Existing and proposed outdoor lighting and sign location as prepared by a licensed professional engineer.
(h) 
Site plans shall show existing terrain features and uses including adjacent roadways and property for up to 200 feet in all directions beyond the property boundaries or area to be developed or impacted, or farther as specifically required by the Planning Board.
(2) 
All applications shall be submitted in such form and with sufficient copies as prescribed by the Building Inspector and shall be accompanied by such fees as determined from time to time by resolution of the Town Board per the fee schedule existing at the time of application as determined by the Town Board.
(3) 
In situations where the site plan application and building permit involve the proposed addition to an existing, lawful structure of not more than 25% of the square footage of the existing structure and the proposed addition does not exceed 2,000 square feet in total area, the Building Inspector for good cause may waive the requirements that the site plan contain certifications from a licensed professional engineer and professional landscape architect.
C. 
Additional requirements for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations, or in construction specifications of the Town of Montgomery.
(1) 
Site plan lighting requirements for commercial areas. The purpose of this section is to avoid light pollution that would cause glare, up-cast lighting or sky glow creating hazardous driving or walking conditions, to avoid nuisance light spillover or glare affecting nearby properties or traffic and to distribute light levels more uniformly across a site. Accordingly, the following requirements shall be met:
(a) 
Site lighting shall be required for all nonresidential parking lots and pedestrian walkways where site hours of operation will extend past the hours of darkness in any season of the year. For parking lots not requiring lighting at this time, underground conduit and cable (properly sized for anticipated lighting load) shall be installed between the building and perimeter of the parking lot. The location, conduit size, number and size of conductors shall be noted on the site plan. For residential plans requiring site plan approval and involving the need for parking lots for more than two cars, site lighting shall also be required unless specifically waived by the Planning Board.
(b) 
Where site lighting is proposed or required, a lighting plan will be submitted. Copies of candlepower tabulations and catalog cut sheets for all exterior lighting fixtures shall be provided with the site lighting plan. In addition, fixture location and a lighting point-by-point footcandle plot shall be overlaid on the separate lighting plan. Low-wattage, shielded, decorative luminaires may be utilized in addition to the main lighting source.
(c) 
All exterior luminaires shall be pulse-start metal halide or light-emitting diode (LED) full cutoff type units with a flat glass lens attached to a pole or building on a fixed arm with the flat glass lens oriented parallel to the ground or such improved equipment and technologies as may be available in the future to further reduce the adverse impacts of unnecessary and excessive glare as determined by the Planning Board.
(d) 
For gas station canopy lighting (for illumination of gas pumps) or other canopy lighting, all fixtures shall be fully recessed within the canopy and have a flat glass lens.
(e) 
Parking lot, walkway and other commercial site lighting areas shall maintain an average illumination level of 0.75 footcandle to five footcandles at the ground. Minimum footcandle levels shall exceed 0.1 footcandle. These lighting levels shall only be exceeded in locations where otherwise required specifically by New York State law. In no case shall the illumination source be visible across property lines.
(f) 
Parking lot light fixtures shall not exceed 35 feet in height or the height of the building to which they are accessory, if applicable, whichever is lower. Pedestrian area fixtures shall not exceed 18 feet in height.
(g) 
Where a site is part of a business park, industrial park or residential site plan, the architectural style of site luminaires shall be consistent with the site architecture and at the discretion of the Planning Board. Shoebox-style luminaires are preferred throughout the Town, but it is recognized that owners may prefer to choose historic-type luminaires in order to complement the architectural style of the site. However, the Planning Board shall not approve a fixture or luminaire of any kind that does not direct the light downward.
(h) 
The Planning Board shall have the option of approving site lighting that is not required to be installed as a condition of site plan approval but may be installed at the option of the landowner. However, all site lighting, whether required or optional, shall comply with the requirements of this § 235-16.5.
(i) 
The Planning Board may require site lighting levels to be reduced on all or part of the site at different times of the day, either after a facility is closed, or for twenty-four-hour-a-day operations, during periods of reduced usage. Such requirement shall be established as part of the review process.
(j) 
Sign lighting. Translucent interior-lighted signs shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.
(k) 
Horizontal plastic interior-lighted bands on canopies, buildings and similar structural applications shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.
(2) 
Site plan access and parking requirement.
(a) 
To avoid a proliferation of curb cuts onto existing arterial/collector roads, to protect traffic safety and operating levels of service on existing and proposed arterial/collector roads and to promote a coordinated mixed-use/commercial layout, the Town Planning Board hereby is authorized to require that an applicant fully investigate and report to the Planning Board the feasibility of coordinated site access and coordinated or common parking areas for lands within the immediate area of the subject parcel.
[1] 
Coordinated site access may be required. An applicant for site plan approval may be required by the Planning Board to provide coordinated site access, which may include a new private, commercial access drive to be constructed and maintained by one or more of the area property owners. Any such common access shall be of such width and shall be constructed to specifications all as deemed acceptable to the Planning Board based upon the present and projected future use of said accessway. No such common driveway shall be located within 300 feet of the intersection of two or more public streets or public highways unless an existing lot line is located within or less than 300 feet of an intersection which precludes such a 300-foot separation from being achieved. The Planning Board shall not require coordinated site access unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use of the common accessway. A recorded common driveway easement and maintenance agreement may be a condition of final site plan approval.
[2] 
Coordinated or common parking may be required. An applicant for site plan approval may be required by the Planning Board to provide interconnection and cross-easements providing internal connections and/or coordinating parking areas with adjoining parcels. The Planning Board shall not require such interconnection or coordination where it deems this to be impractical due to the type(s) of uses or to site-specific conditions, in the sole discretion of the Planning Board. Where interconnection or coordination is required, the Planning Board may require the installation and long-term maintenance of traffic control devices such as signs, textured pavement, speed humps or any other features or combination of features that it deems necessary in order to manage traffic flows between accessways connecting parking areas.
(b) 
The Planning Board is hereby granted authority under Town Law § 274-a(5), to waive any of the provisions of § 235-12 of this chapter in that area of a site where common lot lines exist in order to provide for a common parking plan. The Planning Board shall not require common parking areas unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use for parking.
(c) 
The Planning Board is granted authority to reduce parking requirements under § 235-12.8C.
(3) 
Site layout: setbacks from arterial/collector road; outside storage; parking; landscaping requirements.
(a) 
Front yard setbacks shall be required both from the arterial/collector road and from any private commercial access drive which connects adjacent properties. In order to promote an attractive appearance from the public arterial/collector road, no parking or accessory structure shall be located within the required front yard setback from the public arterial/collector road. Parking shall be allowed in the front yard if it is behind the required setback and is screened as approved by the Planning Board. Stormwater management basin(s) within the required front yard setback from the public arterial/collector road shall be designed and landscaped to resemble a naturally occurring landscaped feature and shall not inhibit screening in this area.
(b) 
Parking shall be located at the side or rear yards of the private commercial access drive. All parking and circulation areas shall be shown on the plan. Truck parking and circulation shall take place only in areas designated on the approved site plan and shall be sited and screened as needed in order to avoid hazardous circulation, adverse visual impacts, noise or vibration to adjacent uses and to avoid adverse visual impacts to any public roadway. Overnight or longer-term parking of cars, trucks, trailers or the like shall be prohibited unless where specifically approved by the Planning Board as part of the site use.
(c) 
Outside storage. No outside use, storage, display or placement of vehicles, items and/or materials ("storage area") shall be permitted except as specifically shown on an approved site plan and as expressly permitted by the Planning Board. The Planning Board may also impose specific limitations relating to such storage. Any storage area shall be laid out to avoid or limit its visibility from adjoining properties and public roadways, to maintain a neat and orderly appearance, to avoid any potential hazard or nuisance and to prevent unintended movement of materials off the site. Retained vegetation, berming, screen plantings and/or other screening or containment measures may be required by the Planning Board. The Planning Board may also restrict the area, height and location of such storage area subject to § 235-11.9C. Trailer and truck bodies, with or without a chassis, or any mobile storage container, shall not be parked in a storage area on site for any reason unless approved on the plans by the Planning Board. Snow dump or snow storage areas shall be required to be designated on the plans by the Planning Board.
(d) 
Landscaping shall be provided as follows. Native plant species are preferred and shall be required except where a specific waiver is granted by the Planning Board for site-specific habitat or other reasons.
[1] 
Where buffer landscaping is provided in accordance with § 235-11.9 (Performance buffering), that landscaping shall meet the applicable requirements as otherwise listed in this section with regard to nativity, species, size, quality, habits of growth, and sight distance considerations.
[Amended 11-3-2022 by L.L. No. 13-2022]
[2] 
Off-street parking areas for automobile/passenger vehicles/pickup trucks serving any use requiring site plan approval shall be landscaped, and in addition to the perimeter landscape requirements at least 10% of the inside areas of the parking lots with more than 50% spaces shall be landscaped with trees, lawn and low planting species and walkways. Parking lot landscaping shall be distributed within the parking lot so as to avoid large unbroken areas of pavement. For the purpose of this section, the 10% calculation only includes the parking spaces and drive area between the spaces.
[3] 
Additional landscaping shall be provided adjacent to the structure, for site plans involving structural uses, with at least 10% of the ground floor area of the building being established in trees and shrubs. For any building footprint in excess of 50,000 square feet, the Planning Board shall adjust the location of landscaping needed on the site.
[4] 
Landscape material being planted shall conform with procurement, transport and installation guidelines established by the American Nurseryman's Association standards. Plant material shall be vigorous and shall be free of defects, disfigurements, decay, infestation or injury. Trees shall be no smaller than 2 1/2-inch caliper. Acceptable planting methods and standards and requirements for pruning, staking, mulching and protection shall be established by a licensed landscape architect and incorporated in the site plan. A landscape bond will be needed from the applicant and held in escrow by the Town Board to ensure completion of the landscaping on site. The landscaping on site should retain existing natural features and vegetation. New landscaping will blend into the surrounding landscape, utilizing indigenous materials and species of the area. Landscape plantings are an integral part of the approved plan and shall be maintained for the life of the use. All screening features and landscaping plantings provided pursuant to this section shall be required to be maintained for the life of the use and shall be replaced and/or restored as necessary in order to maintain their effectiveness. Any losses due to storm damage, disease or other factors shall be replaced in kind within a period of not more than six months, and this requirement shall be a condition of all commercial site plan approvals and all related certificates of occupancy. In the event that in-kind replacement is deemed to be impracticable, the user shall return to the Planning Board in order to modify the approved landscape/screening component of the plan accordingly.
[5] 
The Planning Board shall determine that no sight distance obstructions to driveways or public and private roads are created as a result of a site-landscaping plan. Both the mature height, the branching pattern and the placement of the plan shall be considered in evaluating the site landscape plan. Although all landscape material shall be properly maintained throughout the life of the site, landscape plans shall avoid reliance purely on maintenance to avoid creating sight distance obstructions. Instead, landscape plans shall include a careful and appropriate choice of plantings for this purpose.
[6] 
Plantings must be installed so that when of mature height they do not reach any overhead wires on site.
[7] 
Street trees recommended for use on site plans are red oak, red maple, thornless honey locust, little leaf linden, London plane and aristocrat pear and other types of trees that may be recommended for the particular project under review. All street trees shall be a minimum of 2 1/2-inch to three-inch caliper as measured at a point six inches above ground level when planted. Hedge maples or similar low-growing tree varieties shall be located in areas where utility lines already exist or are proposed. Provisions must be made by the applicant or the successor owner to ensure that such street trees and other landscaping survive or are replaced during the early years of the life of the trees, and the Planning Board is authorized to condition such site plan approval accordingly.
(4) 
Signage requirements. The Planning Board hereby is granted the authority under Town Law § 274-a(5) to waive any of the provisions of § 235-13 of this chapter (Sign Regulations) to provide for a balanced and, in appropriate cases, common signage plan. In this regard, the Planning Board may require that signage be freestanding and/or wall-mounted and of such dimensions and in such color and with such lighting as the Planning Board, in its discretion, believes appropriate for the project under review. Both residential development and commercial development shall include the street addresses on the outside of the structure. Commercial developments must also have the street address on the sign and mailbox, in letters ranging from eight inches to 12 inches, and residents must have the street addresses on a mailbox or clearly labeled in the front of the driveway in reflective letters. In no case, however, shall a waiver be granted for signage exceeding the maximum height requirements as set forth in § 235-13 or for signage of such size so as to constitute a billboard which is prohibited under § 235-9.1B. This allows for the sign to be closer to the street, which can be aesthetically desirable.
(5) 
Architectural design. Design review is required for all new nonagricultural commercial construction as well as for additions and exterior building modifications to existing commercial structures which would change the size of the building or the roof, siding, trim or window color and/or material. Exact replacement of materials that already received architectural design review pursuant to this section shall not require further review or approval. For the purposes of this § 235-16.5, any residential structure in excess of two dwelling units shall be considered a commercial use.
(a) 
The Planning Board may utilize consultants and such other resources as may be available to provide review and advice as it deems necessary, and in accordance with chapter. The Planning Board shall require architectural elevations for all building faces and may require additional renderings in order to evaluate the appearance of the completed structure. The Board may review building material samples for construction materials at its discretion. All Planning Board approvals shall specify the style, material and color approved for all architectural reviews as an integral part of the action.
(b) 
All building designs and signage shall respect the local and regional architectural identity as depicted in the Historic Inventory Survey of the Town of Montgomery, which may be adopted and amended from time to time by the Town of Montgomery Town Board, used in conjunction with other resources, and also avoid generic franchise design, layout and finishes. All sides of a building shall be given comparable level of finish, trim and architectural ornamentation. Planning Board review of building design and layout, color, material, window choice and alignment shall take adjoining buildings into consideration and shall avoid creating disparate lines and elements.
(c) 
Large windowless expanses on building elevations are strongly discouraged and shall only be approved upon a specific finding of appropriateness by the Planning Board. Such a finding shall consider the potential visual impacts of the design on all surrounding properties and public roadways, including undeveloped sites. Mitigation measures may be required to the building exterior in order to provide visual relief.
(d) 
New buildings within, nearby or deemed a part of existing agricultural settings are encouraged to be designed to resemble converted barns and farm compounds, in order to blend harmoniously with the surrounding agricultural uses.
(e) 
Flat roofs should be avoided. In all cases where the size of the building renders a pitched roof impractical, the Planning Board may require mitigating measures in order to reduce the visual mass of the building and avoid a monotonous appearance.
(6) 
Review resources.
(a) 
The Planning Board and the applicant shall review the following publications, as applicable, to assist in the site plan review process:
[1] 
Town of Montgomery Nonresidential Design Guidelines, Attachment 6.
[2] 
Other guidelines as may from time to time be made part of Attachment 6.
(b) 
The Planning Board shall have the authority to require that the design of a commercial project be consistent with any section or sections of the above-listed resources. Copies of each of these guidelines are contained in Attachment 6 to this chapter and hereby are adopted as the official guidelines for the Town of Montgomery.
(7) 
Utilities in commercial and industrial districts.
(a) 
The Planning Board shall require that utility systems serving new commercial uses be placed underground. The Planning Board may require that site plans provide for future extensions of natural gas, electric, cable and other utility lines so as to avoid or minimize disruption to existing and future uses and sites.
(b) 
Utility transmission poles and towers may be located within 100 feet of a street or private road supporting lines that run perpendicular to the traveled way or driveway right-of-way. The right-of-way as viewed from the road shall be screened with foliage along the road to disguise the view of the towers from the road. Such foliage shall be maintained and replaced as needed.
(c) 
Utility Transmission lines running parallel to Routes 17K, 208, 747, 416 and CR 99 as well as Route I-84 shall be located at least 600 feet from the edge of the right-of-way of the specified roads.
(d) 
Utility distribution systems serving new projects and developments in the commercial, residential and industrial districts for which site plan approval is applicable may be required to be placed underground or located along the rear of lots with cables to buildings placed underground. On all projects the applicant/developer will work with the Town and utility companies to coordinate services so as to maximize the appearance of the area while serving the needs of future uses.
(8) 
Site plan standards applicable to all land within 250 feet of a state and county highway and Stone Castle Road.
NOTE: The purpose of this section is to apply the former Gateway Regulations relative to the appearance of new lots and commercial uses to land along all state and county roads and specified Town arterial and collector roads.
(a) 
All lots in all nonresidential zones shall have a minimum lot width of 400 feet for the lots with frontage, along the classification of roads cited above. This lot width requirement shall not apply to i) existing lots legally of record as of the date of this chapter or ii) lots having direct access to a signalized intersection or iii) lots which provide a common access drive and a curb cut with an adjacent lot. When creating new lots under iii), the Planning Board may limit new curb cuts to one common curb cut with an adjacent lot and may require access between parking areas reasonable for future use to adjacent lots where physically feasible during the subdivision and/or site plan approval process. Any existing lots of record of less than 400 feet shall be considered by the Planning Board for common curb cuts for access and for access between parking areas reasonable for future use to adjacent lots where physically feasible during the site plan approval process.
(b) 
New private and public roads serving interior properties and entering the roads cited above may be required to have a width of up to 100 feet for a distance of 200 feet in order for such streets entering state or county highways to have ample turning and stacking room and area for traffic signals. Curb radii on both new roads and driveways entering the roads cited above shall be 34 feet to provide for truck movements as needed.
(c) 
Front yards along the roads cited above which contain parking areas shall meet the requirements of § 235-11.9 (Performance buffering) in a manner which obscures significant view of the parking areas, as determined by the Planning Board.
[Amended 11-3-2022 by L.L. No. 13-2022]
(d) 
Driveway or property curb cuts for properties along the roads cited above shall be separated (as measured between center lines) by at least 200 feet, where possible, from the center lines of other intersecting roads with state and county roads and 100 feet from adjacent driveways.
(e) 
See § 235-9.2 relative to prohibited and restricted uses along state highways.
(f) 
Vendor vehicles, trucks, trailers or other wheeled vehicles from which food or merchandise is sold shall not be allowed to be parked along public roads as cited above or in required front yards except in parking lots of other nonrelated commercial or nonresidential uses for sales to occupants of said commercial uses. This section shall not apply to farm stands.
(g) 
Off-premises signs which must be located within a right-of-way for visibility purposes must be approved by both the controlling municipality and other jurisdictional agencies involved subsequent to review and recommendation by the Planning Board. Clustered and architecturally integrated off-premises signs may be installed under this provision. All on-premises signs are to be located in the front yard or side yard facing a street and shall be shown on the site plan approved by the Planning Board. The Planning Board is authorized to modify the sign regulations contained in § 235-13 of this chapter to reduce the permitted size and locations of all signage, including freestanding and wall-mounted signs, to achieve the purposes of the Gateway Overlay District without unreasonably restricting the economic viability of the particular use under consideration. For certain types of uses, including, without limitation, industrial parks, directory signs listing the primary users and fulfilling certain standardized design, color, size and locational criteria established by the Planning Board shall be authorized along the main access roads to the same as part of the site plan application for each such use.
(9) 
Certification required. Every commercial site plan approved in the Town of Montgomery must bear the signature of the Planning Board Chairman or his or her designee. No building permit shall be issued in the absence of such signed plan. No certificate of occupancy shall be issued unless and until the applicant's licensed professional has certified, in writing, to the Town of Montgomery Building Department and to the Town of Montgomery Planning Board that the project has been constructed in conformance with the approved site plan, landscaping and lighting and that all improvements specified on the site plan have been constructed and that specified landscape plant species and specified light fixture catalog numbers have been installed. In the event that landscaping cannot and should not be installed due to the time of year, the Building Department, in its sole discretion, will issue such certificate of occupancy subject to and conditioned upon the installation of the complete landscaping plan not later than June 1 of the following year. All site plans must contain as a note the preceding two sentences.
D. 
Jurisdiction and procedure. As set forth below, the Planning Board shall have exclusive site plan review and decisionmaking jurisdiction for all uses of land and/or improvements other than one single-family or one two-family dwelling unit with accessory buildings or structures. Without limiting the foregoing, the Planning Board shall retain site plan jurisdiction for all future site plan amendments, including a proposed change of use regardless of whether or not a building permit otherwise is required.
(1) 
Procedure for all site plans. For all land uses other than one- and two-family dwellings, the Planning Board, upon receipt of the complete application and fee, shall refer the completed site plan application to the Planning Board Engineer, to the Planner for the Town, to the local Fire District, to the applicable public highway regulatory agency and, if required, to the Orange County Department of Planning, as well as to any other agency or entity which is or may be interested in the subject of the application, in the judgment of the Planning Board, unless such additional referral is required by law or regulation in which case the Planning Board must so refer the application. The Planning Board shall have the option of requiring that a public hearing be held on each site plan application. If a public hearing is to be held, the hearing must be published at least five days prior to the hearing in the official newspaper of the Town and the Planning Board may also require notification as required under § 235-15.2B(2), (3) and (4). In addition, the Planning Board must render a decision approving, or approving with modifications or disapproving such application within 62 days after the closure of the public hearing. In cases where no public hearing is required, the Planning Board must render its approval, approval with modifications or disapproval within 62 days of the Planning Board's receipt of a completed application and application fee. The time periods set forth above regarding decisionmaking may be extended upon the mutual consent of the Planning Board and the applicant. In rendering its decision, the Planning Board may impose reasonable conditions and restrictions as are directly related to and incidental to such proposed site plan. All Planning Board decisions under this section shall be exclusive and binding on the Building Inspector.
(2) 
Town Law § 274-a. Nothing herein contained in this § 235-16.5D is intended to supersede the express provisions of Town Law § 274-a regarding site plan review.
E. 
In the case of special permit use or variance applications, the site plan shall be the subject of a preliminary review in accordance with the above procedure, before action is taken by the Planning Board or Zoning Board of Appeals. The Planning Board shall have the authority to require that both a special permit use permit application and a related site plan approval application be reviewed simultaneously.
F. 
Building permits for permitted uses, special permit uses or variances shall be in accordance with the conditions established by the Planning Board or Zoning Board of Appeals.
G. 
When an applicant for such a building permit or special exception use or site plan approval questions the interpretation of the site plan requirements, he may appeal the decision to the Building Inspector/Code Official for his ruling. If the applicant desires to appeal the ruling of the Building Inspector/Code Official he or she may appeal the same to the Zoning Board of Appeals per the procedure set forth in Town Law § 267-a.
A. 
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure, or the use thereof, provided that:
(1) 
The construction of such building or structure shall have been begun and diligently prosecuted within six months from the date of such permit.
(2) 
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of this chapter or any such amendment thereto.
B. 
In the event that either Subsection A(1) or (2) above is not complied with, such building permit shall be revoked by the Building Inspector, unless an extension of time is granted by the Zoning Board of Appeals.
A. 
A reasonable number of temporary construction trailers and offices for uses for which site plan approval has been granted may be allowed by the Building Inspector on a construction or development site by temporary certificate of occupancy until a permanent certificate of occupancy has been issued for the use for which site plan approval has been granted. The location of these facilities shall be approved by the Building Inspector. The applicant must provide the Building Inspector with all data reasonably necessary for him/her to issue such temporary permit(s), including an application and fee for such temporary permit(s). The temporary building permit(s) shall automatically expire and the trailers shall be removed prior to the issuance of the certificate of occupancy for the permanent building(s). The applicant must sign a written agreement of removal as a condition of receipt of the temporary certificate of occupancy.
B. 
Temporary residence certificates of occupancy for temporary living quarters, including mobile homes, may be issued by the Building Inspector to local residents for temporary emergency housing due to fire, natural disaster or other emergency or condition of extreme duress. Such temporary living quarters must otherwise meet all applicable setback requirements. Such certificates shall be valid, based upon a written agreement for removal, until a permanent certificate of occupancy is issued for the primary residence, but not for a period in excess of six months. The applicant must provide the Building Inspector with all data reasonably necessary for him/her to issue such temporary permit(s), including an application and fee for a temporary building permit.
C. 
Temporary permits for any temporary office of construction trailers for emergency use due to an unforeseen or catastrophic situation may be issued by the Building Inspector for the duration of the need but not more than six months, and removed based upon written agreement at such time that a new building permit or other certification of occupancy or use can be issued for that portion of the property for which the trailer or office was required. The applicant must provide the Building Inspector with all data reasonably necessary for him/her to issue such temporary permit(s), including an application and fee for a temporary building permit.
A. 
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved, or put into use, in whole or in part, after the effective date of this chapter, or any building, structure, premises, lot or land, or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
B. 
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, structural alteration, restoration, repair, or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
A. 
Fees for building permit and special use permits and/or site plan applications, for issuance of building permits, for certificates of occupancy and for administrative certifications shall be as provided in the Town Fee Schedule. (See Attachment 5.)
B. 
Bonding.
(1) 
Public improvements. A construction bond, which shall only be in the form of cash, irrevocable letter of credit or negotiable securities, shall be delivered to the Town of Montgomery. Said construction bond shall guarantee to the Town that the owner/developer of said parcel will faithfully cause to be constructed and completed, within a reasonable period of time, the required public improvements on all approved site plans and subdivisions. It is the Town's intent to supersede Town Law § 277(9)(c)(i) with this provision.
(2) 
Following the granting of final approval by the Planning Board, but prior to the signing and release of final maps, the owner/developer of a parcel shall follow the procedure listed either in Subsection B(2)(a) or (b) below:
(a) 
The owner/developer shall file construction bonds, as specified in Subsection B(1) above, with the Town Clerk.
[1] 
The amount of the construction bonds shall be established by the Town Engineer, based upon detailed cost estimates prepared by the owner's/developer's design professional. Said amount is subject to Planning Board review, comment, and approval.
[2] 
Any such construction bonds shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety.
(b) 
The owner/developer shall complete all the public and nonpublic improvements to the satisfaction of the Town Engineer.
(c) 
The owner/developer may, upon request and approval, utilize a combination of Subsection B(2)(a) and (b) above [i.e., construct and have approved a portion of the public and nonpublic improvements and post construction bond(s) for the balance of the improvements prior to the issuance of a building permit].
(3) 
Bonding for nonpublic improvements shall only be necessary prior to the issuance of building permits when the nonpublic improvements amount to over $500,000.
(4) 
The required improvements shall not be considered to have been completed until their installation has been approved by the Town Engineer.
(5) 
If construction bonds have been posted, they may only be released upon the certification of the Town Engineer and the Town Attorney that all the requirements of the bond have been satisfied.
(6) 
If the Town decides at any time during the term of the construction bond that the extent of the development that has taken place is not sufficient to warrant all the improvements covered by such bond, that the required improvements have been installed in a sufficient amount to warrant a reduction in the face amount of said bond or that the character and extent of such development requires additional improvements, the Town may mandate an increase or decrease in the face value of such construction bond by any appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board.
C. 
Inspections; as-built plans.
(1) 
Routine inspections.
(a) 
All improvements will be inspected by the Town Engineer to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction so that a representative of the Town may be present at the time work is to be done. The Town Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:
[1] 
Road subgrade.
[2] 
Curb and gutter forms.
[3] 
Road paving, after each coat in the case of priming and sealing.
[4] 
Sidewalk forms.
[5] 
Sanitary sewers, drainage pipes and other drainage structures before backfilling.
[6] 
All underground utilities prior to backfilling.
(b) 
If the Town Engineer or other duly designated representative does not carry out inspection of required improvements during construction, the applicant, the bank or company holding the construction bond shall not in any way be relieved of his or its responsibilities.
(c) 
In addition to routine inspections by the Town Engineer, the applicant's engineer shall perform routine in-person inspections of the project in intervals to be determined by the Planning Board. After each inspection, the applicant's engineer shall issue a certificate to the Planning Board and Town as to the progress and completeness of work, including information as to any deviations with the operative Planning Board resolution, site plan approval and/or special use permit.
(2) 
As-built plans. The applicant's engineer will prepare as-built plans of the parcel's improvements, to include the locations of waterlines, sewer lines, drainage improvements, valves, manholes, pavement widths, curbs, sidewalks and any other information the Town Engineer may request, which as-built plans shall be subject to the final approval of the Town's Engineer. In the event that the Town of Montgomery draws upon a bond or letter of credit posted by the applicant due in whole or in part to missing, incomplete or inaccurate as-built plans, said plans shall be prepared by the Town's Engineer utilizing the drawn funds.
(3) 
If the Superintendent of Sewer and Water or the Town Engineer shall find or cause to have found that any of the required improvements have not been installed or constructed in accordance with the approved site plan, he shall so report to the Town Board, Planning Board, Town Clerk and Building Inspector.
(a) 
Upon receipt of such notification, the Town Board shall notify the owner/developer and, if necessary, the bank or company holding the construction bond and take any and all necessary steps to preserve the Town's rights under the bond.
(b) 
If the owner/developer has posted a construction bond, the Town Board shall declare said bond in default and utilize the funds to install such improvements as were covered. In no event shall the Town install improvements exceeding the dollar amount of the construction bond.
(c) 
No additional plans shall be accepted or approved by the Planning Board or Building Inspector as long as the owner/developer is in default or not in compliance with a previously approved plan.
(4) 
Inspection fee. The owner/developer is responsible for the payment of all inspections, as-built drawings and related costs. Initially, an inspection fee of 6.00% of the initial estimated construction cost shall be paid to the Town, prior to the time that the Chairman of the Planning Board signs the final plat or the start of any site improvement work. The initial estimated construction cost shall be reviewed and approved by the Town's Consulting Engineer prior to its acceptance by the Town.
A. 
Where a violation of this chapter is determined to exist, the Building Inspector shall serve notice either by certified mail or personally on the owner, agent or contractor of a building, structure, or lot where such violation has been committed or shall exist, and, where practical, on the lessee or tenant of a part of or of an entire building, structure, or lot where such violation has been committed or shall exist; and, where practical, on the agent, architect, contractor or any other such person who takes part or assists in such violation, or who maintains any building, structure, or lot in which any such violation shall exist.
B. 
Such notice shall require the removal of the violation within 10 days after service of the notice unless an emergency situation is determined by the Building Inspector to exist, in which case the notice may provide for removal of the violation within less than 10 days.
C. 
If the owner or its authorized representative believes that said violation is not authorized under this chapter and/or if more time is needed to cure said violation, an appeal must be filed with the Zoning Board of Appeals within time otherwise prescribed by law.
D. 
If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.
E. 
Persons found guilty of such violation shall be subject to a fine not exceeding $250 or to imprisonment for not more than 15 days, or both, for each violation. Each and every week such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation.
F. 
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of such building, structure or lot, or to prevent any illegal act, conduct, business or use in or about such premises.
A. 
The Town Board may from time to time on its own motion or on petition, or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, including the Zoning Map, after public notice and hearing in accordance with state law.
B. 
All of the within amendments to the Zoning Law of the Town of Montgomery may be recodified, where necessary, to improve the clarity of the presentation of the entire Zoning Law of the Town of Montgomery, as amended.
C. 
Zoning Map amendments.
(1) 
Petitions for amendments of the Zoning Map shall be submitted in quadruplicate to the Town Clerk with an application fee per the current fee schedule.[1]
[1]
Editor's Note: The Town Fee Schedule is included as an attachment to this chapter.
(2) 
Any petition for a change in the Zoning Map shall include the following:
(a) 
The name of the property owner.
(b) 
A map accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected in acres or square feet, the street rights-of-way in the immediate vicinity, and the lands and names of owners immediately adjacent to and extending within 100 feet of all boundaries of the property to be rezoned and a map showing the requested change drawn to the scale of the Official Zoning Map.
(c) 
A metes and bounds description of the proposed amendment.
D. 
The Town Board, by resolution adopted at a stated meeting, may fix the time and place of a public hearing on the proposed amendments and cause notice to be given.
E. 
Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for report before the public hearing is held thereon.
F. 
Proposed amendments that must be referred to the Orange County Planning Department under the provisions of § 239-m of Article 12-B of the General Municipal Law shall be transmitted as soon as possible and in any case prior to the public hearing.
G. 
The Town Board may require a petitioner to give additional forms of public notice or notice to adjacent property owners.
H. 
The Town Board body shall reserve decision on all zoning amendments or changes which must be referred to the Orange County Planning Department until its report has been presented, provided that such report is presented within a period of 30 days after the Orange County Planning Department receives such referral.
I. 
If required by the Town Board upon adoption of a change in the Zoning Map, the municipality or the petitioner shall cause a monument to be placed at one location on the property's street frontage and also file with the Municipal Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.
[Added 11-30-2022 by L.L. No. 15-2022]
A. 
Prior to issuance of a building permit, certificate of occupancy or certificate of use, the Building Inspector shall insure compliance with this section.
B. 
Part 5, Subpart 5-1, of the Compilation of the Rules and Regulations of New York State (NYCRR) provides for minimum separation distances of up to 300 feet between public water supply wells and certain activities. This subpart only requires the permittee to control 200 feet from the public water supply. To ensure that wells serving public water supply systems as defined in 5 NYCRR 5-1 (generally, any well having five or more service connections or serving more than 25 individuals on average for at least 60 days out of the year) in the Town of Montgomery are protected from contamination consistent with these requirements, the Building Inspector shall not issue a permit where the following activities are proposed on a lot within 300 feet of a lot containing a public water supply well:
(1) 
Chemical storage sites (e.g., salt and sand/salt storage) except where entirely contained within covered structures incorporating best practices for chemical containment.
(2) 
Landfill waste disposal area, or hazardous or radiological waste disposal area.
(3) 
Land surface application or subsurface injection of effluent or digested sludge from a municipal or public wastewater treatment facility.
(4) 
Land surface application or subsurface injection of septage waste.
C. 
Where such activities are proposed on a lot within 300 feet of a lot containing a public water supply well, the Building Inspector shall require site plan approval by the Planning Board, which shall ensure that no such activities are proposed within minimum separation distances of the public water supply well as required by 5 NYCRR 5-1 and its Appendix 5-B (standards for water wells). Where such activities are proposed beyond the 300-foot separation distance, the Planning Board may approve the site plan provided that all appropriate safeguards are implemented to ensure the water quality of the public water supply well.
D. 
In discharging this responsibility, the Building Inspector may require any applicant proposing these activities to provide:
(1) 
A letter from the Orange County Department of Health identifying all permitted public water supply wells within 500 feet of the lot which is the subject of the permit or certificate application.
(2) 
A survey or site plan prepared by a licensed engineer or land surveyor showing the area of the proposed activity and the location of any public water supply well within 500 feet of the boundaries of the lot.
If any section or subsection, paragraph, clause, phrase or provision of this chapter or the location of any district boundary shown on the Zoning Map that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter or Zoning Map as a whole or any part of provision hereof other than the part so adjudged to be invalid or unconstitutional.
An ordinance entitled "Zoning Ordinance, Town of Montgomery" and all amendments thereof enacted prior to the passage of this amending chapter is hereby repealed by the enactment of this "Town of Montgomery Local Zoning Law of 1971, and all amendments thereof" except that reference to any table, attachment and/or the Zoning Map shall refer to those tables, attachments and/or zoning maps that were last adopted by the Town Board of the Town of Montgomery with no changes thereto other than a new section number to correspond with this chapter. The content of any such tables, attachments and/or Zoning Map remain in full force and effect with the passage of this chapter.
This chapter and all amendments thereto shall take effect upon enactment and filing in the manner provided by law.