Article V Supplementary Regulations

The Town Board recognizes agriculture as an essential and integral industry in the community that enhances the economic base, stabilizes the tax base, and perpetuates the rural character of the Town of Pawling. The Town Board further declares that it shall be the policy of Pawling to encourage agriculture and foster understanding by all residents of the necessary day-to-day practices associated with farm uses so as to encourage cooperation with those practices.

Farming reinforces the special quality of life enjoyed by citizens, provides the visual benefit of open space and generates economic benefits and social well-being within the community. Therefore, the Town of Pawling emphasizes to residents that this Town encourages its agriculture and requests residents to be understanding of the necessary day-to-day operations.

For the purpose of reducing future conflicts between farmers and nonfarmers, it is necessary for notice to be given to future neighbors about the nature of agricultural practices. The following notice shall be included in building permits and on plats of subdivisions, site plans, and special permits submitted for approval pursuant to Town Law § 276: "This property may border a farm operation, as defined in Article 25-AA of the Agriculture and Markets Law. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibration."

The Town Board recognizes that in exercising its powers to enact local laws, ordinances, rules or regulations that apply to farm uses in a New York State certified Agricultural District, these laws are necessary to protect the public health and safety and are not intended to conflict with the purposes of Article 25-AA of the Agriculture and Markets Law of the State of New York, as the same may be amended from time to time.

Personal farm uses and farm use/customary farm occupation: parcels not included in the New York State Agricultural District. The following guidelines and standards apply to personal farm uses and farm use/customary farm occupations outside of the Agricultural District. Guidelines are recommended practices and are preceded by "should," while standards are required and are preceded by "shall":

Building setbacks. Buildings or structures for permitted fowl or livestock should be located not less than 100 feet from any lot line, except where the farm use precedes the residential use, and shall not be located within 200 feet of the nearest neighboring residential structure.

Manure storage. The storage of manure or odor-producing substances:

Shall be located at least 100 feet from any lot line, stream or other water body, and in accordance with all applicable Department of Conservation requirements, as the same may be amended from time to time;

Shall be located at least 200 feet from the nearest neighboring residential structure or well providing a source of potable water; and

Shall be in a container or containment area;

The minimum lot size shall be one grazing acre for each large animal, including horses, ponies, and cattle or other similar sized animals which are kept, grazed, fed and cared for on the property;

The minimum lot size shall be one grazing acre for each four sheep, goats, pigs or other similar sized animals which are kept, grazed, fed and cared for on the property; and

The minimum lot size for keeping, grazing, feeding and caring for small animals shall be one acre. No more than 30 small animals per acre may be kept, grazed, fed or cared for. Small animals include poultry, rabbits and other similarly sized animals.

All applicable requirements of the Dutchess County Board of Health shall be complied with, as the same may be amended from time to time.

Buffers to agriculture required. The policy of the Town of Pawling is to encourage agriculture, so wherever agricultural uses and proposed nonagricultural uses adjoin, the applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances associated with the farm use. Said buffer strips may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features and, when required, shall be no less than 100 feet in width and may be required up to a width of 300 feet, depending upon the type of adjoining agriculture or farm use, the topography and the proposed design and planting of such buffer. It shall be the responsibility of the applicant, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent residential living areas from agricultural practices and to protect the agricultural use from nuisance complaints and nuisance lawsuits, from their nonfarm neighbors, as a result of normal farm uses.

Farm use and customary farm occupations in a New York State Agricultural District. The following provisions shall apply to land and buildings for farm use in an Agricultural District consistent with Article 25-AA of the Agriculture and Markets Law of the State of New York, as the same may be amended from time to time:

There shall be no height limits on agricultural structures, including, but not limited to, barns, silos, grain bins, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm use.

There shall be no lot line setback restrictions on agricultural structures, except setbacks from lots that are either not within the Agricultural District or lots that have existing residential uses. This setback requirement shall not apply to preexisting nonconforming structures.

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 classified as Type 2 actions under SEQRA.

The following expedited site plan approval from the Planning Board shall be required for farm uses consistent with Article 25-AA of the Agriculture and Markets Law of the State of New York:

The applicant shall submit a sketch of the parcel on a location map (such as a copy of a survey or a Tax 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. On this map, show the existing features of the site, including land and water areas, water and/or sewer systems and the approximate location of all existing structures on or within 200 feet of the site.

The sketch should show the proposed location and arrangement of buildings and uses on the site, including access and egress, parking and circulation.

The sketch should show any proposed buildings or structures, including the exterior dimensions and elevations of the front, side and rear views. Include copies of any available plans or drawings prepared by a professional or of the manufacturer of such buildings or structures.

Provide a description of the project and a narrative of the intended use of the proposed building(s), including any proposed changes in the existing topography and natural features of the parcel to accommodate the proposed 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.

The site plan application shall be referred to the Dutchess County Department of Planning and Development prior to site plan approval. The Planning Board may conduct a public hearing on the proposed site plan, depending upon the nature of the application and the degree of public interest.

All applicable requirements of the Dutchess County Board of Health shall be complied with, as the same may be amended from time to time.

Parcels within 500 feet of a farm use/customary farm occupation. The following guidelines and standards apply to parcels within 500 feet of a farm use/customary farm occupation for which a subdivision, site plan, special use permit, zoning variance or zoning amendment approval is required from the Town of Pawling.

New development requires deeded declarations. All deeds of new residential units within 500 feet of a farm use shall contain references to notes that shall be placed on the subdivision plat and/or site plans relative to the benefits of agriculture to the Town of Pawling as well as to the potential hazards and nuisances associated with agriculture (such as noise, odors, hazardous chemical use, etc.) to which residents of the dwelling unit(s) willingly subject themselves.

§ 215-18 Animal hospitals and commercial kennels.

Agricultural data statement required. An agricultural data statement shall be required for any application for a subdivision, special permit, site plan, area or use variance, or zoning amendment approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an Agricultural District containing a farm use, or on property with boundaries within 500 feet of a farm use located in an Agricultural District. The reviewing board shall evaluate and consider the agricultural data statement and any comments thereon by owners or operators of farm uses potentially affected by such application in its review of the possible impacts of the proposed project upon the functioning of farm uses within the Agricultural District.

Commercial kennels and animal hospitals shall be permitted only upon compliance with the following additional regulations:

Minimum acreage of lot involved shall not be less than 10 acres.

Work spaces, runs, pens or other facilities shall be located within a completely enclosed, soundproof building; and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such facility shall assure a buffer zone sufficient to prevent any increase in the average preexisting background noise levels on the site.

No building or other quarters shall be permitted within 250 feet of any public highway or property line.

All such quarters shall at all times be maintained in a sanitary condition.

All facilities referred to in this section shall comply in all respects with Chapter 65 of this Code.

[Added 6-9-1998 by L.L. No. 2-1998]

§ 215-18.1 Bed-and-breakfast establishments.

[Added 7-11-2012 by L.L. No. 2-2012]

Purpose. The intent of these supplemental requirements is to allow convenient, local accommodation for short-term visitors to the community and to encourage preservation of older homes and residential lots with open space by providing a cost-effective alternative or adaptive use consistent with the character of the community. It is also anticipated that this provision will provide economic support for present homeowners, to protect and preserve property values. Therefore, specific conditions are set forth below for bed-and-breakfast establishments.

Bed-and-breakfast establishments, where permitted under this chapter, shall conform to the following additional requirements:

The property and principal and accessory structures thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located.

The building housing a bed-and-breakfast establishment shall be an existing, detached one-family dwelling, and its use as a bed-and-breakfast establishment shall not conflict with its appearance or function as such.

The minimum-size lot on which a bed-and-breakfast establishment may be located is 1/2 acre. A bed-and-breakfast establishment may be permitted on a lot with a smaller area only if such lot is located in a nonresidential district and the Planning Board finds that a bed-and-breakfast establishment can be adequately accommodated within the existing principal dwelling building and that it will not overburden the property and that it will be a use compatible with the surrounding properties.

The owner of the lot upon which the bed-and-breakfast establishment is to operate shall occupy and maintain the bed-and-breakfast establishment as his/her legal residence.

The maximum number of bedrooms that may be available to overnight guests shall be four. The Planning Board shall be responsible for determining and limiting the number of bedrooms in each dwelling in connection with its review of the special permit application.

Meal service shall be limited to a morning meal served to overnight guests only.

No less than one off-street parking space shall be provided per bedroom designated as available for overnight guests. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling use. The parking spaces shall be provided in a safe manner on the subject lot so as to not establish a nuisance or burden for adjacent and surrounding lots.

Evidence of the approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Dutchess County Department of Health.

Signage shall comply with the provisions herein for signs generally and for signs in residential districts as set forth in § 215-40G, except that a bed-and-breakfast sign may be externally illuminated with lighting sensitive to the neighborhood. There shall be no more than one sign, which may be freestanding, not exceeding four square feet in area.

Smoke alarms shall be installed in each bedroom of the bed-and-breakfast establishment.

§ 215-19 Camps.

Camps shall have a minimum area of 10 acres.

No structure intended for dwelling purposes in any camp shall be closer than 250 feet to any property line or public highway. Said structure shall be screened from view from adjoining properties or public highways either by artificial means or planting of appropriate trees and shrubs.

Each camp shall meet the minimum requirements of the New York State Sanitary Code and other applicable regulations as well as any such conditions the Planning Board shall require in the site plan approval process.

§ 215-20 Cemeteries.

Cemeteries shall be allowed, subject to the following additional regulations:

No interment shall take place within 200 feet of any street or property line. Such two-hundred-foot buffer area shall be suitably landscaped as to screen the cemetery from view insofar as is practicable.

All cemeteries shall be subject to site plan approval by the Town Planning Board.

§ 215-21 Open space subdivisions.

[Amended 2-13-1979; 2-14-1984; 9-10-1991 by L.L. No. 5-1991; 8-11-1992 by L.L. No. 3-1992; 6-14-2005 by L.L. No. 3-2005]

Policy and authority.

It is the policy of the Town of Pawling, as expressed in the Town of Pawling Master Plan, to provide for a variety of housing options, preserve open space and harmonize new development with the traditional open rural, wooded, agricultural and hamlet landscapes of the Town of Pawling.

The purpose of an open space subdivision is to maintain the rural appearance and environmental resources of the Town of Pawling by preserving large tracts of contiguous open space land. One method of achieving this goal is through the use of cluster subdivisions. The Town wishes to encourage such subdivisions as an alternative to conventional subdivisions. (Conventional subdivisions comply with the minimum requirements shown on the Schedule of Bulk Regulations[1] without setting aside land as permanently protected open space).

Editor's Note: The Schedule of Bulk Regulations is included at the end of this chapter.

In a cluster subdivision, residences are clustered on those portions of a property most suitable for development, leaving substantial portions as protected open space. Cluster subdivisions may include a variety of lot sizes, ranging from large farm or estate lots to small hamlet-sized lots. Cluster subdivisions foster compact development, more walkable neighborhoods, and flexibility in layout.

Intent.

This provision encourages flexibility in the design and development of land in order to promote the most appropriate use of land, to facilitate the adequate and economic provision of streets and utilities and to preserve as permanent open space agricultural land, important natural, cultural and historic features, wildlife habitat, water resources, ecological systems, and scenic areas for the benefit of present and future residents. A residential open space development (either a cluster or conservation density subdivision) shall achieve the following purposes:

[Amended 7-11-2012 by L.L. No. 2-2012]

Better protection of natural, scenic and historic resources as identified in the Comprehensive Plan and the Zoning Law than would be provided by the conventional subdivision plan;

Compatibility with surrounding land uses and the Town's traditional land use patterns in which small hamlets contrast with open spaces and forest lands;

Provision of adequate buffers for adjoining properties;

Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces, both within large parcels of land and among such parcels throughout the Town, and by providing linkages between existing open space areas and, where appropriate, linkages to hamlet areas;

Provision of a broader range of housing options and potentially lower housing prices by reducing the length of roadways and other critical infrastructure costs;

Greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than what is normally allowed in the district.

A cluster subdivision should accomplish the above purposes by reducing the lot size and bulk requirements contained in the Zoning Law, while clustering homes in those areas where they will have the least impact on natural or cultural features. The agricultural lands, forest lands, open space, view sheds or sensitive areas are then permanently preserved through the use of conservation easements. The "open space" principle can be applied not only to large developments but also to smaller subdivisions, enabling the subdivided lots to be smaller than the zoning would normally require, provided that compensating buildable land is placed under open space conservation easements to maintain the overall density at or below the level permitted by the Zoning Law.

Purposes of open space subdivisions. The Planning Board may modify lot area and dimensional regulations pursuant to the Municipal Home Rule Law and § 278 of the Town Law and if it finds that an application will fulfill several of the following purposes:

The preservation of land as unsubdivided and undeveloped open space which preserves or enhances the appearance, scenic resources, historic character or natural beauty of an area.

[Amended 7-11-2012 by L.L. No. 2-2012]

The preservation of land for park and recreation purposes that benefits the entire Town, and not merely the future residents of the subdivision itself.

The preservation of land for purposes of conserving natural resources.

The preservation and protection of particular areas and terrain having qualities of significant scenic natural beauty or historic interest as identified in resource lists set forth by the Town.

[Amended 7-11-2012 by L.L. No. 2-2012]

The protection of streams, rivers, floodplains and ponds so as to avoid flooding, erosion and water pollution.

Landscape design, which promotes the most appropriate use of land, facilitates the efficient provision of streets and utilities, and preserves the natural and scenic qualities of undeveloped lands.

Maintain biodiversity by ensuring that remaining habitats are of sufficient acreage and configuration to support viable populations of wild flora and fauna species.

Additional application requirements for cluster subdivisions.

Application requirements:

In addition to the application requirements in the Town of Pawling subdivision regulations, an applicant for a cluster subdivision shall submit a written statement describing the open space purpose(s) to be accomplished and the conservation values [see Subsection H(1)] of the open space land to be protected.

The Planning Board shall have architectural review to assure the subdivision is compatible with the community's scenic and historic character and is unobtrusive to the surrounding area.

[Amended 7-11-2012 by L.L. No. 2-2012]

A full landscaping plan shall be submitted to assure that the subdivision is aesthetically pleasing and provides privacy on the lots created.

Maximum permitted density. Maximum residential density permitted in a cluster subdivision shall be calculated in the following manner:

The net acreage of the parcel shall be determined by subtracting the following constraints from the gross parcel acreage:

Wetlands plus buffer areas.

Steep slopes (over 25%).

Water bodies.

Watercourses.

One-hundred-year floodplains.

The net parcel acreage calculated in Subsection D(2)(a) above shall be multiplied by 0.9, to account for required public rights-of-way, etc.

This resulting value shall then be divided by the underlying zoning district minimum lot size to establish a guideline as to the possible maximum lot count to be permitted, which shall still be subject to detailed review by the Planning Board.

Should the applicant wish to evaluate a conventional lot count (considering one-family dwellings only) in lieu of the above calculation he/she may do so, although this shall be subject to the Board's review and acceptance. In its evaluation of any conventional layout plan prepared, the Planning Board shall also consider the lot density established by the above calculation in its deliberations on the maximum residential density that will be permitted for the subdivision.

Preliminary plat procedures. Once the maximum possible lot count is determined pursuant to Subsection D(2) above, the applicant shall submit a preliminary plat of the parcel showing a subdivision that complies with the Schedule of Bulk Regulations.[2] This plan shall also comply with applicable requirements of the Town of Pawling Zoning and Subdivision Regulations, the County Department of Health, and all state and federal agencies with jurisdiction over such a subdivision. The Planning Board shall evaluate the plan to determine its probable compliance with applicable regulations, taking into account soils, slopes, wetlands, and other environmental constraints, as well as the physical and economic feasibility of constructing roads that satisfy maximum grade requirements for siting wells and septic systems on each lot (unless public water and/or sewers are available). The Planning Board may disallow any roads or lots which, in its judgment, would not be buildable under applicable regulations. After reviewing the subdivision plan, the Planning Board shall adopt a resolution establishing the permissible maximum density for the parcel.

Editor's Note: The Schedule of Bulk Regulations is included at the end of this chapter.

Parcels in more than one district. For parcels that are located within more than one residential district, calculations shall be made separately for the portion of the parcel in each district. This density may then be combined and distributed anywhere within the parcel, provided that the plan protects open space with conservation value as described in Subsection G(1).

Types of dwelling units and dimensional requirements. A cluster subdivision may contain detached, semidetached or attached units, or a combination of these housing types. Section 215-47, Site plan approval, shall apply to cluster subdivisions. Application for site plan approval and subdivision approval may be submitted simultaneously to the Planning Board.

Detached and semidetached units.

The minimum lot size for detached and semidetached units shall be one acre per dwelling unit with individual wells and septic systems. If lots are connected to municipal or other common water and/or sewage disposal facilities (which may include individual septic tanks with common leach fields), minimum lot sizes shall be 1/2 acre where only water supply or sewage disposal facilities are provided and 1/2 acre where both water supply and sewage disposal facilities are provided.

To avoid monotony in design and to ensure variety in housing types, the Planning Board shall require that a wide range of lot sizes be provided. No more than 25% of the lots shall be 1/2 acre in size, which is the minimum lot size. A cluster subdivision must demonstrate sufficient variety in the size of lots and that their configuration is responsive to site conditions.

Other bulk dimensional requirements for detached and semidetached units shall be set by the Planning Board at the time of subdivision approval. Perimeter lots shall have the same setback as required in the residence district in which the cluster subdivision is situated. Lots gaining access from an existing state, county or Town highway shall comply with the minimum road frontage and setback requirements for a conventional lot in the district.

Attached units.

Attached units shall be permitted as part of a cluster subdivision in any district, provided that their inclusion advances the purposes set forth in § 215-21A, B and C.

Buildings containing attached units shall be set back at least 125 feet from all property lines, excluding property lines created by the proposed subdivision. No building shall contain more than five units or 10 bedrooms.

The Planning Board shall approve attached units in a cluster subdivision only if it finds that such units will not cause on-site or off-site traffic congestion.

Minimum area of preserved open space land in cluster subdivisions. Since one of the major purposes of an open space subdivision is to preserve open space, all cluster subdivisions shall attempt to preserve the percentages of the parcel(s) shown below as open space. No more than 50% of the open space required to be set aside by this subsection may be land lying in a wetland or watercourse or on slopes over 25%. The Planning Board shall determine whether the open space offered meets the intent of this section.

	District	Percentage of Open Space
	CD	80%
	R-4	70%
	R-3	60%
	R-2	50%
	R-1	40%

Arrangements of lots. Lots in open space subdivisions shall be arranged in a manner that protects land with conservation value and at the discretion of the Planning Board facilitates pedestrian and bicycle circulation. The lot layout shall, to the extent practical, follow guidelines published by the New York Planning Federation. Such guidelines shall be adapted to respond to the conditions of each specific site.

Preservation of open space land. Preserved open space may be included as a portion of one or more large buildable lots through conservation easements or maybe contained in a separate open space lot. Such open space may be owned by a homeowners' association, private landowner(s), a nonprofit organization, or the Town or another governmental entity, as provided in Subsection H, as long as it is protected from development by a conservation easement. The required open space land may not include private yards within 50 feet of a principal structure.

Identification of preserved open space. Land set aside as permanent open space shall be specifically identified in any open space subdivision plan. It may, but need not be, a separate tax parcel. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that a conservation easement is placed on such land pursuant to Subsection G(1) below, and provided that the Planning Board finds that such configuration will not fragment the open space in a manner that detracts from its conservation value or interferes with appropriate resource management.

Conservation value of open space. The open space protected in connection with an open space subdivision should not be just land "left over" because of its unsuitability for development. Open space land shall form cohesive blocks or corridors that have conservation value, including recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value. Examples of lands with conservation value include actively farmed agricultural land, large areas of contiguous mature forest, wetlands, floodplains, water bodies, stream corridors, and scenic areas, including important vistas or view sheds seen from public places. Land in a critical environmental area (CEA), land designated as an Environmentally Sensitive Area under § 215-24, and land identified as open space worthy of preservation in the Town's Master Plan shall be deemed to be land of conservation value. Land of conservation value shall be included for purposes of calculating density in Subsection D(2)(a), unless it is discounted in that section as open water, wetland, floodplains or steep slopes. Whenever the Planning Board approves a plan with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land.

Notations on plat. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat as to its use, ownership, management, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the fiber and page of any conservation easements required to be recorded to implement such restrictions.

Ownership of open space land.

Open space land may be owned in common by a homeowners' association (HOA), dedicated to Town, county, or state governments, transferred to a nonprofit organization acceptable to the Town Board, held in private ownership, or held in such other form of ownership as the Town Board finds adequate to properly manage the open space land and to protect its conservation value.

If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

The HOA must be set up before the final subdivision plat is approved and must comply with all applicable provisions of the General Business Law.

Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads, and other common facilities.

The open space restrictions must be in perpetuity.

The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.

Property owners must pay their pro rata share of costs in Subsection H(2)(d) above, and the assessment levied by the HOA must be able to become a lien on the property.

The HOA must be able to adjust the assessment to meet changed needs.

The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.

Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

The attorney for the Planning Board shall find that HOA documents presented satisfy the conditions in Subsection H(2)(a) through (h) above and such other conditions as the Planning Board shall deem necessary.

Maintenance standards.

Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that the open space land is not used for storage or dumping of refuse, junk or other offensive or hazardous materials.

If the Town finds that the provisions of Subsection I(1) above are being violated such that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.

Utilities.

Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a cluster subdivision shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.

Where connection to existing public water and/or sewerage facilities is not possible, the Planning Board, at its discretion, may require that a central water supply and/or sewerage treatment system shall be designed and constructed by the applicant to serve all dwelling units within the cluster subdivision, in accordance with the standards of appropriate county, state or federal health or environmental departments.

Where part or all of a cluster subdivision is to be located within an area or drainage basin planned for future service by public water and/or sewerage systems or recommended for such system or systems by the Town Comprehensive Plan, any water or sewerage facilities within the cluster subdivision shall be designed and located in such a way as to readily permit their connection to the public systems at such time as they are constructed.

§ 215-22 Conservation Board.

As required by § 239-y of the General Municipal Law, a subdivision plan, site plan or special permit application shall be submitted to the Town Conservation Advisory Board for review where the land in question appears within an open area shown on the Town Open Space and Natural Resource Index. These open areas shall include the following:

All designated streams, intermittent streams, lakes, ponds and wetlands and lands adjacent to them.

All designated forest lands specifically outlined on the Index as open space.

§ 215-22.1 Construction site waste management.

All lands overlying those areas designated on the Index as aquifers.

Each application shall be referred to the Town Conservation Board within five days of the date of application. Within 45 days of the date of referral, the Town Conservation Board shall make its review and forward its recommendations in a written report to the appropriate Town agency. The receiving agency shall take no action on said application within the forty-five-day period without having received and reviewed these recommendations.

[Added 5-11-2004 by L.L. No. 1-2004]

As part of any construction associated with an individual residential lot, subdivision or commercial site plan activity, including new construction, additions, exterior alterations, and/or removal of existing facilities, the following measures shall be taken to manage the generation of wastes and other debris associated with construction activities to prevent this debris from entering any wetland, waterways, drainage systems, or neighboring properties.

No materials, wastes or construction debris shall be stored within any local, state, or other applicable control area of any wetland, watercourse, waterbody, or other designated critical environmental area. If no control area exists, a fifty-foot separation shall be maintained.

All construction wastes, debris, and trash shall be kept in appropriate containers or dumpsters. The containers shall be covered to prevent the accumulation of stormwater in the containers and to keep objects within the containers. The containers will be anchored or otherwise secured to prevent them from being blown or tipped over. The containers will be removed from the site immediately upon filling to capacity or, otherwise, within one week after construction activities have ceased and are not expected to resume within four weeks from the date when they ceased. The date when this period starts shall be at the discretion of the Code Enforcement Officer.

All sites will be inspected daily and any loose debris or trash shall be collected and placed in the appropriate container.

Any hazardous chemicals, materials or wastes shall be stored in labeled, approved containers. All containers shall be stored outside of any applicable control area. Where no control area exists, a fifty-foot separation distance from any wetland, watercourse, waterbody, or other critical environmental area shall be maintained. The hazardous materials shall be protected from the weather. Other local, state, or federal regulations may have further requirements for the storage of these materials not otherwise mentioned here, which the contractor is responsible to comply with.

All vehicles, construction equipment, and machinery shall be stored and maintained outside of any control areas. All vehicles shall similarly be washed outside control areas, including any washing or rinsing to remove concrete, which must be done in a suitable manner that prevents wash water from entering existing drainage structures, sanitary facilities or drainage courses. Where no control zone exists, a fifty-foot separation distance from any wetland, watercourse, waterbody, or other critical environmental area shall be maintained for such operations. No other residuals (asphalt, etc.) may be washed, rinsed, or dumped from vehicles while on the construction site.

Any excess materials (solids only) removed from vehicles must immediately be removed from the site.

All leaks and spills shall be cleaned immediately in a manner appropriate for the magnitude of the leak or spill. As necessary, berms or dikes shall be erected to dontain or divert the flow of a spill. In the event of these discharges, there may be reporting requirements or actions mandated by laws and other regulations not mentioned herein, which the contractor is responsible to comply with.

Temporary sanitary facilities for human wastes, such as portable toilets, shall be provided at the site and placed outside any applicable control areas. Where no control zone exists, a fifty-foot separation distance from any wetland, watercourse, waterbody, or other critical environmental area shall be maintained. The facilities shall be regularly checked for leaks, and pumped out or replaced as frequently as necessary. The facilities will be removed from the within one week after construction activities have ceased and are not expected to resume within four weeks from the date when they ceased. The date when this period starts shall be at the discretion of the Code Enforcement Officer.

§ 215-23 Dwelling, two-family.

[Amended 9-10-1991 by L.L. No. 5-1991]

The minimum area for each two-family dwelling in a CD District shall be 10 acres; in an R-4 District, eight acres; in an R-3 District, six acres; in an R-2 District, four acres; in an R-1 District, two acres; in VRD District, two acres; and in a Hamlet District, one acre.

§ 215-24 Environmentally Sensitive Areas.

Intent. It is the intent of the Environmentally Sensitive Areas to preserve those natural and historic features which have provided the high environmental standards; and have enriched the quality of life and preserved the health, safety and welfare for the inhabitants of the Town of Pawling, now and in the future.

Definition. An "Environmentally Sensitive Area" (ESA) is one within which is contained the elements of natural features which, if substantially altered or changed, could significantly alter the environmental or ecological balance and/or natural aesthetics of the area. All actions taking place within an ESA shall be designated as a Type I action, pursuant to the provisions of § 617.4 of the State Environmental Quality Review Act (SEQRA).

[Amended 8-25-2009 by L.L. No. 4-2009]

Criteria of determination. Environmentally Sensitive Areas shall be applicable to all applications and such other areas as shall be determined by the Town Board to contain natural elements of significant interest and worthy of preservation or special consideration. In arriving at this determination, the Town Board shall find that such area or areas meet one or more of the following criteria:

[Amended 8-9-1994 by L.L. No. 1-1994]

The area contains an endangered or rare species, or protected species in significant number, of plant or animal life.

The area contains a significant geological feature or features, the alteration or removal of which would appreciably reduce the aesthetic value of the area.

The area contains an ecological system, favorable natural or biological features, the disruption, change, removal or alteration of which would destroy an environmental asset of substantial significance.

The area contains an historic feature, whether natural or man-made, the removal or significant alteration of which would destroy such landmark from the natural or historic inventory of the Town of Pawling.

Permitted uses. The Environmentally Sensitive Areas are superimposed upon other zoning districts in this chapter. The permitted principal and accessory uses for any lot in an Environmentally Sensitive Area shall be the same as otherwise permitted in the district in which it is located, except that such additional restrictions as shall be further defined in this section of the chapter and as may be imposed by the Planning Board and Chapter 111, Freshwater Wetlands and Watercourse Protection, and Chapter 171, Soil Erosion, Sediment Control and Steep Slopes Protection, to preserve the intent of this section.

[Amended 8-9-1994 by L.L. No. 1-1994]

Procedure.

Upon recommendation by the Planning Board or the Conservation Advisory Board, the Town Board shall consider the determination of Environmentally Sensitive Areas pursuant to the provisions of § 265 of Town Law and, where applicable, § 239-m of General Municipal Law. The Town Board shall conduct a public hearing in accordance with § 265 of Town Law.

[Amended 2-13-1979]

The applicant shall be encouraged to incorporate Environmentally Sensitive Areas in their existing states as positive assets in the overall development.

In addition to the normal information contained on the required site plan or plat plan, the Planning Board may require plans in wetland areas of Environmentally Sensitive Areas to show:

Limits of flood-prone areas.

Elevation of the first floor of any proposed building or structure.

Required access and its elevation; existing and proposed grades.

Effect of any alteration of land as it pertains to stream flow, water recharge area, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion.

In areas of hilltops, ridgelines and steep slopes (for the purposes of this section, steep slopes shall be considered to be those areas with an average slope in excess of 25% over a horizontal distance of 100 or more feet), the Planning Board should discourage as much as possible any development and/or disturbance of existing topography and vegetation. The Planning Board may require from the applicant such professionally prepared maps, plans, boring tests, feasibility studies and physical, geological and hydrological studies pertaining to the following: the effect of any alteration of land as it pertains to water runoff, soil erosion, water tables, water recharge, pollution, etc.

The Planning Board may require a professionally written statement from the applicant indicating the affects of the overall proposed development on the Environmentally Sensitive Areas.

Standards.

No structure, fill, including fill for roads and levees, deposit, obstruction, storage of materials or equipment or other uses shall be permitted which, acting alone or in combination with existing or future uses, unduly affects the efficiency or capacity of the stream channels, unduly increases flood heights or significantly affects any of the environmentally sensitive conditions for which protection is being sought.

Consideration of the effects of a proposed use shall be based upon the assumption that there will be an equal degree of encroachment on both sides of stream channels and that the flood-prone area delineation will equitably affect riparian properties and interests.

No construction shall be permitted within 100 feet of the edge of a watercourse in a flood-prone area.

[Amended 2-13-1979]

Easement along watercourse channels shall be established to permit access for maintenance of such watercourse.

Any discharge from surface or subsurface structures or facilities shall be controlled and designed to the satisfaction of the Board of Health and all other agencies having jurisdiction.

[Amended 2-13-1979]

Within an ESA, the Planning Board shall set limits as to the extent of clearing and cutting of trees and other vegetation as the Planning Board shall determine to be the minimum clearing necessary to accomplish the acceptable goals of the site or plat plan. This limitation shall apply to commercial logging as well as site clearing.

Land or excavation. Any fill proposed to be deposited or any slopes to be changed in the designated ESA must be shown to have some beneficial purpose and that the amount thereof is not greater than necessary to achieve that purpose as demonstrated by a plan submitted by the property owner showing the uses to which the excavated land will be put and the final dimensions of the proposed excavations. Such fill or other excavations shall be protected against erosion by riprap, vegetative cover or bulkheading to the degree determined necessary by the Planning Board. If the Planning Board determines that the water-storage capacity of the ESA is substantially reduced by such proposed fill or excavation, it may require an equivalent amount of earth excavation to offset the reduced capacity.

Structures. All structures allowed to be built within flood-prone areas of ESA shall conform to the Floodplains Act, as amended, and such other state and local regulations as are applicable.

§ 215-25 Feeder roads.

The purposes of feeder roads shall be to:

Maintain the flow and circulation of traffic along primary roadways.

Provide improved access to commercial, industrial and residential developments located on or adjacent to primary roadways.

Preserve the capacity of the highway by controlling access and preventing a proliferation of turning movements.

Segregate local traffic from higher-speed through traffic.

In order to accomplish the purposes stated in Subsection A above, the Planning Board, in the site plan approval process, shall, where appropriate:

Approve all site plans in accordance with the Transportation Plan and Transportation Plan Map of the Town of Pawling Comprehensive Plan.

Approve the number, spacing and location of any entrance(s) and exit(s) from the property under review.

Require the interconnection of parking areas and land uses via access drives within and between adjacent lots.

Require that land uses adjacent to or integrated in a shopping center or cluster of commercial or other facilities shall use common access drives with other establishments in that center or cluster.

The Planning Board may grant conditional approval which would allow direct access to the highway until such time as the access drive is improved and available, at which time the direct access to the highway would be eliminated.

The Planning Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

§ 215-26 Flood-prone area.

Purpose. It is hereby found and declared that the unmanaged use, alteration of topography, excessive filling, channel encroachment or other acts affect the natural discharge of water through floodplains and constitute a threat to the health, safety and welfare of the inhabitants of the Town of Pawling and to the economic vitality of the community. The purpose of the flood-prone area is to protect the health, safety and welfare of the inhabitants of the Town from hazards due to periodic flooding. This shall include the protection of persons and property, the preservation of water quality and the minimizing of expenditures for relief, insurance and flood control projects.

Boundaries. The boundaries of flood-prone areas are bounded by the channel of a watercourse and its adjacent areas subject to inundation by the one-hundred-year recurrence interval flood.

[Amended 8-9-1994 by L.L. No. 1-1994]

Standards.

No structure (temporary or permanent), fill for any purpose, deposit, obstruction, storage of materials or equipment or other uses shall be permitted which, acting alone or in combination with existing or future uses, will unduly affect the efficiency or the capacity of the floodway or unduly increase flood heights, cause increased velocities or obstruct or otherwise catch or collect debris which will obstruct flow under flood conditions.

Structures, as permitted in this district, shall have a low flood damage potential, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters, i.e., a longitudinal axis parallel to the direction of flood flow and placement approximately on the same flood flow lines as those of adjoining structures, and shall be firmly anchored to prevent flotation which may result in damage to other structures, restrictions of bridge openings and other narrowing of the stream or river. Service facilities, such as electrical and heating equipment, shall be constructed at or above the flood protection elevation for the particular area or shall be floodproofed.

As part of the special use permit approval process, the applicant may be required to submit a plan, certified by a registered professional engineer, that floodproofing measures are consistent with the flood protection elevation and associated flood factors for the particular area. Such measures may include, where appropriate:

Anchorage to resist flotation and lateral movement.

Reinforcement of walls to resist water pressures.

Installment of watertight doors, bulkheads and shutters.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of mass or weight to resist flotation.

Installation of pumps to lower water levels in structures.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

Pumping facilities to relieve hydrostatic water pressure on external walls and basement floors.

Elimination of gravity flow drains.

Construction to resist rupture or collapse caused by water pressure or floating debris.

Elevation of structures to or above the necessary flood protection elevation.

Flood-prone areas. The Planning Board may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the flood-prone area of any stream or drainagecourse. These flood-prone areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the Planning Board.

[Added 2-8-2005 by L.L. No. 1-2005]

§ 215-27 Funeral homes in residential districts.

Lot area. The total area within the property lines, excluding external roads. The property line adjacent to the road, for the purpose of this chapter, shall be deemed to be not less than 25 feet from the center line of a minor road, nor less than 30 feet from the center line of a collector road, nor less than 40 feet from the center line of a major road, nor less than 60 feet from the center line of an arterial highway. To calculate the lot area, not more than 10% of the minimum area required by the Town Code may be comprised of land which is under water or subject to periodic flooding.

[Added 2-8-2005 by L.L. No. 1-2005]

The funeral home shall be conducted within a residence-type building having usable floor area of not less than 2,000 square feet.

All operations and activities in connection with such use shall be conducted wholly within such building or accessory buildings, except for off-street parking and loading areas.

The site shall meet the minimum lot area and other bulk requirements of the district in which it is located as well as the provisions of this section. Any existing main building shall be set back at least 50 feet from the street or from site boundaries abutting a business or industry zoned area, at least 100 feet from site boundaries abutting a residence zoned area and at least 150 feet from any existing building in residential use. Existing accessory buildings shall be set back at least 50 feet from the street and all other site boundaries.

Off-street parking shall be provided in the amount set forth in § 215-34, except that the same may be increased depending on the parking needs of each particular proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence zoned area and at least 10 feet in all other cases.

The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use as a funeral home.

Exterior lighting shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting, other than lighting for security reasons, shall be extinguished no later than 10:00 p.m.

Any such use shall comply with all applicable rules and regulations of any county or state agency having jurisdiction.

No crematorium is permitted.

[Added 8-9-1994 by L.L. No. 1-1994]

§ 215-28 Gasoline filling stations, commercial garages and convenience stores.

[Amended 4-8-2015 by L.L. No. 1-2015]

In no case shall a commercial garage and/or gasoline filling station be located nearer than 3,000 feet to any existing gasoline filling station/convenience store or any site previously approved for such use and not as yet terminated as provided in this chapter. The distance shall be measured between the nearest two points located any place on the property boundaries fronting on NYS Route 22 on each parcel in question. The north and south bound lanes of Route 22 should be measured separately.

A multibusiness operation must have a common entrance, whether or not the businesses have more than one owner.

Pumps, lubricating and other dispensing devices, except air pumps, shall be located at least 50 feet from any adjoining lot line or street right-of-way.

All motor fuel, oil or similar substances shall be stored at least 50 feet distant from any adjoining lot line or street right-of-way. In addition, all motor fuel shall be stored underground and in conformity with the latest edition of the Uniform Fire Prevention and Building Code.

Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles, unless specifically permitted by Planning Board site plan approval.

Outside displays and retail items on sidewalks and travel ways must be restricted to specific display locations.

Ensure site layout and design, including landscaping, that complies with the supplementary regulations in this chapter for Landscaping; and development in the Highway Business (HB) zoning district; and creates a greenway along the Route 22 corridor and proper landscape screening for the premises, if applicable.

Premises shall not be constructed and/or approved within 700 feet of a historic site, church, school or hospital, or at a site and with a design that would significantly impact a scenic viewshed.

Commercial garages/gas filling stations/convenience stores not connected to commercial garages and gas filling stations should not be constructed and/or approved near a historic site or scenic viewshed.

A special use permit is required for commercial garages/gasoline filling stations/convenience stores if they include tables for food and drink consumption.

All applications for any entity covered by this provision must receive site plan approval from the Planning Board.

§ 215-28.1 Commercial garages.

[Added 4-8-2015 by L.L. No. 1-2015]

In addition to all rules and regulations under § 215-28, commercial garages shall be subject to the following:

Premises shall not be used for the display of automobiles, trailers, motor homes, boats or other vehicles unless specifically permitted by the Planning Board site plan approval.

Insofar as possible, all repair work will be performed indoors.

All automobiles parts, dismantled vehicles and similar articles shall be stored within a building.

No inoperative motor vehicle shall be kept on the premises for longer than 30 days.

§ 215-29 Hospitals, clinics and nursing homes.

Off-street parking and loading shall be provided as required by § 215-34. Parking requirements may be increased, depending upon the needs of each particular use. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.

No structure shall be within 250 feet of any property line.

The entire site, except for areas covered by buildings, parking and loading areas and walks shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use.

Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walkways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets.

No more than one dwelling shall be permitted in the clinic. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the appropriate off-street parking requirements.

§ 215-30 Landscaping.

[Amended 2-13-1979]

The provisions of this section shall apply to all multiple-family complexes and all uses in the following districts: Hamlet, Highway Business, Mixed Business-Industry, Planned Development and Variable Residential Density. Lands which are not used for buildings, structures, off-street parking and loading areas, driveways or similar uses shall be landscaped in accordance with the standards of this section. A complete plan and schedule of existing and proposed landscaping shall be included with the site plan and/or special permit application. This plan should detail the number, location, size and name of each plant species, which shall be approved by the Planning Board. The minimum standards and requirements for landscape areas shall be:

[Amended 7-11-2012 by L.L. No. 2-2012]

Trees and shrubs, where included in the landscape design, shall be healthy, adaptable to this climate and of such size and species to accomplish the landscape design intended and approved.

All landscape material located within the sight-distance triangle shall be three feet or less in height or have a clearance of at least eight feet beneath the lowest branch or projection.

No permanent impervious surfacing or subsurfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.

In connection with the review of any site plan or special permit application for a multifamily and nonresidential use abutting or directly across a local street from any property in a residence district, a buffer strip of landscaping shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards:

It shall be of evergreen planting of such type, height, spacing and arrangement as will effectively screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place.

It shall be at least 20 feet in width.

A wall or fence of approved location, height, design and materials may be substituted for part of the required buffer area.

§ 215-31.1 Highway Business (HB) nonresidential zoning districts.

Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised curb placed at the edge of the pavement or other methods as approved by the Planning Board.

Unique natural areas and open spaces, such as streams, ponds, marshes, steeply sloped areas and woodlands, shall be preserved.

Refuse storage. All outside trash receptacles, except those intended for use by customers, shall be so designed and constructed as to allow no view of the trash storage from the street and shall be located within an enclosure constructed of opaque masonry materials and shall be provided with opaque gates of the same height. The height of the enclosure shall be at least as high as the trash receptacles.

All plantings shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet and shall not be visible from adjacent properties or public rights-of-way.

§ 215-31 Motels.

Motels or motor courts, where permitted under this chapter, shall conform to the following additional requirements:

Each rental structure shall contain at least eight rental units.

Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. Such arrangements for water supply and sewage disposal shall be approved by the appropriate authorities.

[Added 5-8-2001 by L.L. No. 2-2001]

Intent. The Highway Business Zoning District is intended to provide flexible land use and design regulations to encourage the creation of an appropriate scale of commercial and retail development that:

Generates a positive tax base benefiting Town and village residents.

Increases employment opportunities and/or enhances shopping.

Protects the visual environment through high-quality architecture and attention to aesthetics.

Enhances pedestrian circulation.

General requirements for HB Zone.

[Amended 7-11-2012 by L.L. No. 2-2012]

No building, including accessory structures, shall exceed a floor area ratio of 0.70.

No building shall exceed 60,000 square feet in size.

The Planning Board may, in its sole discretion, vary the required yard setbacks for developments in the HB District where it finds that:

High-quality site layout, architecture, landscaping and preservation of natural and historical features are maximized;

Sharing of access and parking facilities and coordination of pedestrian improvements with adjacent sites or properties are maximized;

Site design and construction utilize methods that have a low impact on the environment; and

Proposed development is in substantial compliance with the intent of these supplemental requirements.

All utilities, telephone and other wires for providing power and communication shall be installed underground in the manner prescribed by the regulations of state and local governments and/or the utility company having jurisdiction.

No parking shall be permitted in any front yard setback.

At least 15% of any lot must be open space. Such designated open space must be undisturbed natural features or landscaped areas with a variety of trees, shrubs and ground covers open to the air.

The layout and design of buildings and related improvements will address the land use policies, principles and guides entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities."

Special permit requirements for any lot above two acres and multiple-use centers. Because large lots and multiple-use centers have special aesthetic and design considerations, they shall meet the general standards of § 215-46, the standards listed above in Subsection B, as well as the following conditions:

Minimum lot size: two acres.

Maximum allowable floor area ratio: 0.70.

Access management. Development shall minimize the number of access points to and from Route 22 and provide interior road circulation and pedestrian circulation systems, including provision for service roads or feeder roads running parallel to Route 22, as determined by the Planning Board. (See § 215-25.)

Design criteria.

Ensure that the appearance of the buildings permitted under this section is harmonious with the general visual environment of the Town and promotes a high standard of architectural design. The Planning Board may establish design guidelines and controls for commercial buildings, including architectural design review.

In addition to the parking requirements of § 215-34, ensure that parking is minimized in the front of buildings, that it is provided in small, tree-lined parking bays and that at least one tree per 10 parking spaces is provided.

Utilities provisions. The utility provisions of § 215-36 (Planned Development District) shall be met.

§ 215-31.2 Mixed Business-Industry (MBI) nonresidential zoning districts.

Open space. At least 25% of the total lot area shall be open space. Such designated open space must be undisturbed natural features or landscaped areas with a variety of trees, shrubs and ground covers open to the air.

[Added 7-11-2012 by L.L. No. 2-2012]

Intent. The purpose of the Mixed Business-Industry (MBI) District is to provide flexible land use and design regulations to encourage the creation of a mixed-use development that:

Creates the opportunity for enhancement of the tax base benefiting Town and village residents.

Increases lodging, service, shopping, and recreational options and enhances the variety of employment opportunities available in the Town.

Protects the visual environment through high-quality architecture and attention to aesthetics and community character.

Utilizes a design concept that incorporates open space elements, the site's environmental characteristics, and is pedestrian oriented (i.e., incorporates walkways and bikeways).

Provides an efficient use of land use, which minimizes the extent and cost of the provision of community facilities and utilities (water, sewer, fire service, schools and roads).

Provides convenience in the location of goods, services, amenities and facilities that better fulfills the needs of the surrounding area.

Utilizes an efficient, aesthetic and unified design incorporating open space elements, pedestrian walkways, natural landscaping and appropriate screening throughout the development.

Promotes interconnected and shared access and parking facilities between businesses and the surrounding community.

Enhances opportunities for pedestrian and bicycle circulation and access to transit.

Concept plan review.

This part of review permits an applicant to submit his concept for a Mixed Business-Industry development without incurring the significant costs of detailed planning for discussion with the Planning Board. The Board will review the concept plan as early as possible in the project review to discuss whether the proposal generally complies with the pertinent supplemental regulations herein and the Comprehensive Plan for the Town of Pawling.

The submittal for concept plan shall be filed with the Planning Board and shall contain the following information:

A vicinity map sketched to a scale of 2,000 feet to the inch, showing land owned by the applicant, and indicating the relationship of the site to existing community facilities which serve it, such as roads, shopping, schools, etc.

Resource analysis map(s) of the site showing:

Soil types and boundaries and bedrock outcrops.

Topography and steep slopes (over 25%).

Wetlands plus buffer areas, wet areas, water bodies, and watercourses.

One-hundred-year floodplains.

Vistas and viewsheds into or out of the property.

Areas of contiguous forestlands and wooded areas.

Nearby significant topographic features and historical structures.

Existing parklands, recreational and/or public open space.

A conceptual drawing of the entire proposed development showing:

The outer perimeters of the site, including the use of abutting lands and connections to community roads, pedestrian pathways and transportation, water supply and sewage disposal.

Location and identification of proposed uses, structures, including landscaped and open spaces and associated amenities.

An outline of the interior roadway system, parking areas and the connection to existing roadways.

Any other information which would assist in the review of the applicant's concept.

A general report prepared by the applicant about the compatibility of the concept with the Comprehensive Plan of the Town of Pawling.

Within 30 days of the submittal of the above materials, the concept plan shall be discussed at a Planning Board meeting. The applicant shall be permitted to present the concept. The Planning Board will provide comments and recommendations about the site, its resources, the concept plan and compatibility with the Comprehensive Plan.

General requirements.

Area and bulk standards.

The total of all buildings on a site, including accessory structures, shall not exceed a floor area ratio (FAR) of 0.60.

The Planning Board may, in its sole discretion, vary the required yard setbacks for developments in the MBI District where it finds that:

High-quality site layout, architecture and landscaping and preservation of natural and historical features and surrounding viewsheds are maximized;

Site design and construction utilize methods that have a low impact on the environment; and

Proposed development is in substantial compliance with the intent of these supplemental requirements.

Parking.

Parking shall be prohibited along road frontage areas and screened from view.

In off-street parking areas containing 25 or more parking spaces, at least 10% of the total parking area within the paved areas shall be landscaped with appropriate trees, shrubs and other plant material to assure the establishment of a safe, convenient and attractive parking facility. Such landscaping shall include at least one tree for every 10 parking spaces.

Opportunities for shared parking shall be maximized, and unnecessary pavement and impervious surface coverage shall be avoided. For mixed-use development with complementary peak hours of use, the Planning Board may waive up to 25% of the total parking required for all of the proposed uses upon a finding that the shared parking is appropriate and adequate to meet the peak demands. In granting a parking waiver, the Planning Board may require that a parking reserve be provided in the event that it finds that some portion of the parking may be required in the future (see § 215-34). Alternatively, the Planning Board may require that a portion of the required parking be constructed with pervious materials upon a finding that that portion of the required parking is projected for use during peak demand.

Access and internal circulation plans shall minimize the number of access points to and from Routes 22 and 55 by utilizing shared roads and driveways. Interior vehicular, bicycle and pedestrian circulation systems shall include internal road systems with service roads or feeder roads and incorporate transit stops, as determined by the Planning Board. (See § 215-25.)

The site layout and appearance of the buildings shall be in harmony with the general visual character of the surrounding community and incorporate a high standard of architectural design. The Planning Board may establish design guidelines and controls for commercial buildings, including architectural design review.

At least 15% of any lot shall be open space consisting of undisturbed natural features or landscaped areas with a variety of trees, shrubs and ground covers open to the air. Permanent preservation and maintenance of such areas shall be assured by appropriate controls, including plan notation, restrictions, covenants and easements in a form satisfactory to the Town Attorney.

Buffer landscaping may be required to screen buildings within the MBI District from the surrounding area (see § 215-30).

Special permit requirements.

Minimum lot size: five acres. In accordance with Town Law § 280-a, multiple-use center sites shall be considered as eligible for establishment of open development areas subject to the standards for this district. Minimum lot sizes and other bulk standards shall apply to the overall contiguous site area except for planned or existing streets which would separate any part of the land from the rest of the site. Subsequent to site plan approval, lands in an open development area may be subdivided to lots of less than five acres, provided that no lot shall be less than one acre, and provided that:

Sufficient parking is provided for each use and building on the lot or in approved shared parking facilities;

Lot development complies with the approved site plan for the overall site; and

Satisfactory provisions for the maintenance of all elements of the site are set forth on the site and subdivision plans.

Site design and development must be consistent with the intent of the MBI District as set forth above.

The site layout shall include improvements on the grounds for use and enjoyment by persons employed on or visiting the site such as a picnic, plaza, seating or garden area or recreational trails. Said improvements should be constructed of pervious materials, to the extent practicable, and may be located in required open space areas.

§ 215-32 Multiple-family dwellings.

Multiple-family dwellings shall meet the following additional requirements:

Site plan approval. Site plan approval shall be required by the Town Planning Board.

Standards shall be as follows:

Minimum lot area: 15 acres.

Minimum frontage: 200 feet.

Density. The number of dwelling units shall not exceed eight single-bedroom units per net acre or four two-bedroom units per net acre or any combination thereof.

Maximum building coverage: 15%.

Minimum lot width: 200 feet.

Minimum lot depth: 500 feet.

Front yard: 75 feet.

Side yard: 50 feet.

Rear yard: 50 feet.

Maximum height: 35 feet.

Minimum right-of-way of principal internal streets: 50 feet, equal to collector road standards.

Minimum paved width of principal internal streets: 24 feet, equal to rural/suburban road standards.

All parking shall be provided in paved, off-street parking areas.

No residential unit shall contain more than two rooms that are designed or intended for use as bedrooms.

Water and sewerage facilities.

Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction.

Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies.

§ 215-33 Nonconforming uses with dimensionally conforming lots and nondimensionally conforming lots and nonconforming uses with conforming buildings.

Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.

Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas, and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 100 square feet per dwelling unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit.

The architectural design of multiple-family dwellings shall be harmonious with the character of immediately surrounding areas. Appropriate buffer strips shall be provided which shall consist of trees, hedges, dense planting, other suitable ground cover or landscaping, earth berms or changes in grade.

No building or other structure shall be located within 150 of the right-of-way of any external street.

Lighting shall be adequate for protection and safety.

Exits and entrances shall be adequate to ensure the safety and welfare of the residents and those in the surrounding areas. Access can be only via a main or principal road and as determined by the Planning Board in the site plan review process.

A performance bond shall be required by the Planning Board at the time the building permit is granted, and the applicant shall be required to commence construction within a six-month period after the permit is granted and finish within a reasonable time.

Multiple-family dwellings are to be allowed only in the following designated areas: VRD, HB and PDD, subject to additional PDD provisions.

[Amended 2-13-1979; 8-9-1994 by L.L. No. 1-1994]

Except as otherwise provided in this section, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued, although such use does not conform to the standards specified by this chapter for the use in which such land or building is located. Said uses shall be deemed nonconforming uses.

Nonconforming uses with dimensionally conforming and nondimensionally conforming lots. Where no building is involved, the nonconforming use of land may be continued; provided, however, that:

Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter.

No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

If such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than one year or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.

A nonconforming use of land may be changed only to a use of similar or less nonconformity, as determined by the Zoning Board of Appeals.

Nonconforming uses with dimensionally conforming buildings.

The building or structure the use of which does not conform to the use regulations for the district in which it is situated shall not be enlarged or extended.

A nonconforming use of a building may be changed only to a use of similar or less nonconformity, as determined by the Zoning Board of Appeals.

If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.

If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.

Nonconforming uses with dimensionally nonconforming buildings. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved. The use of such building can be changed to a conforming use. However, such maintenance and repair as is required to keep such building in sound condition shall be permitted.

Conforming uses with dimensionally nonconforming buildings. A nonconforming building with a conforming use shall not be enlarged, reconstructed or structurally altered or moved, unless such structure alterations cause the building to become conforming.

Conforming uses, conforming buildings on nonconforming lots. Any enlargement of a building must conform to all setback requirements of the zoning in which it is located. In the Whaley Lake Dam District, any lot lawfully created prior to the year 2012 that does not meet the lot area requirement may be permitted a reduction in minimum side yard dimensions such that no side yard shall be less than eight feet and the total of both side yards is no less than 20 feet.

[Amended 7-11-2012 by L.L. No. 2-2012]

Additional requirements. Buildings or structures a portion of which is nonconforming will be subject to the following:

Restoration of damaged buildings. If such buildings are damaged by any means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. The reconstruction must be commenced within one year of the date of such damage.

Completion of buildings under construction. Any building the construction of which has been started before the effective date of this chapter or of an amendment thereto and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or amendment thereto, may be completed in accordance with plans on file with the Code Enforcement Officer.

§ 215-34 Off-street parking and loading.

Existing special uses deemed conforming. Any use lawfully existing at the time of the adoption of this chapter or of any amendments thereto in the district in which such use is classified herein as a special use shall without further action be deemed to be a conforming use in such zone.

General provisions.

All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this chapter to meet the needs of persons using or occupying such structures or land.

The plans for any new building or any expansion of an existing building, when submitted for a site plan approval, shall show specifically the location, size and type of improvements of the off-street parking and loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Except for a one-family residence, no building permit shall be issued until such plan for parking and loading space and access to it and improvement is approved by the Planning Board, which shall determine that traffic access, traffic circulation and general layout of the parking facility are planned with regard to pedestrians using the parking facility as part of its site plan study and review. No certificate of occupancy shall be issued for any building or land use until the required off-street parking space has been established in accordance with the site plan approval of the Planning Board.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures of which they were originally provided.

Existing structures and uses. Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not, in the future, be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future. The reduction or elimination of existing parking and loading areas shall not be permitted unless it is in excess of the requirements.

Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter. Also, the Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within 300 feet of the building without crossing a major roadway if the Board determines it is impractical to provide parking on the same lot with the building. In no event shall such parking and loading spaces for a nonresidential use be located in any residence distract. In any residence district, no required off-street parking shall be developed within the required front yard, nor shall it be developed within 15 feet of a side or rear lot line.

Size of parking spaces.

Each parking space shall be at least 10 feet wide and 20 feet long if unenclosed and at least 11 feet wide and 20 feet long if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such spaces may be reduced in depth to 18 feet. Backup and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide, except where the approving authority approves a lesser dimension as adequate to serve parking spaces arranged at less than a ninety-degree angle. The front or rear overhang shall not encroach on any sidewalk or landscaped areas.

In an industrial zone or in the industrial area of a Planned Development District, the Planning Board may consider, in the site plan approval process and upon the request of the applicant, a reduction in the size of the parking spaces for up to 15% of the total number of parking spaces. In no event shall any parking space be less than eight feet wide and 18 feet long.

[Amended 2-13-1979]

Landscaping. Except for parking spaces accessory to a one-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board. At least one tree with a minimum diameter of three inches at a height of four feet above ground level shall be provided within such parking area for each 10 parking spaces.

Wherever possible, raised planting islands, at least eight feet in width, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands should be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials, and front or rear overhang shall not encroach on any sidewalk or landscaped areas.

In all off-street parking areas containing 25 or more parking spaces, at least 15% of the area between the inside perimeter of the parking surface of the parking area shall be curbed and landscaped with appropriate trees, shrubs and other plant materials as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility.

No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.

Grades, drainage, paving and marking. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the satisfaction of the Code Enforcement Officer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Traffic circulation.

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

Adequate access to buildings by use of fire lanes shall be provided and maintained in all off-street parking and loading areas.

Waiver of improvement. Where the authority approving a site plan or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 50% of the number required according to this section. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived; these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use of structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas.

Off-street parking requirements.

Off-street motor vehicle parking facilities shall be provided as follows, except as may be modified in other provisions of this section or where additional parking requirements may be made as a condition of the issuance of a special permit, in which case provisions of the appropriate section shall apply.

[Amended 7-11-2012 by L.L. No. 2-2012]

	Use	Minimum Off-Street Parking (spaces)
	1- and 2-family dwellings	2 for each dwelling unit
	Multifamily dwelling and accessory apartment	1 1/2 for each dwelling unit
	Professional office or home occupation permitted in a residential district as an accessory use	2 in addition to spaces required for the residential use, except that there shall be 4 for each medical or dental practitioner in addition to spaces required for the residential use
	Rooming house or boardinghouse	1 for each guest sleeping room, plus 1 for each residential unit
	Place of worship, theater, auditorium, athletic field or other place of assembly	1 for each 4 seats or pew spaces or, in places without seats, 1 for each 100 square feet of floor space used for public assembly (a pew space shall be considered to be 20 inches wide); 1 per 3 theater seats
	Hospital, nursing home, convalescent home or home for the aged	1 for each 3 patient beds and 1 for each employee, including medical, nursing and service staff
	Golf and country club	1 for each 2 memberships
	Bowling alley or other center of public amusement	5 for each bowling lane; all others, 1 per 100 square feet of floor space used for public amusement
	Retail or service business	1 for each 150 square feet of gross floor area
	Restaurant	1 for each 3 seats or 1 for each 100 square feet of gross floor area, whichever is greater
	Office for business or professional use (other than accessory to residential use)	1 for each 250 square feet of gross floor area
	Banking office	10, plus 1 for each employee, plus 4 additional for each person in excess of 2 acting as tellers, including waiting spaces for drive-in window
	Motel	1 for each guest sleeping room, plus 1 for each 2 employees, plus 1 for each permanent resident
	Funeral home	1 per employee, plus 1 per 25 square feet of gross floor space in assembly rooms
	Motor vehicle sales and service	1 per employee, plus 1 per 150 square feet of gross floor space
	Kennel or animal hospital or veterinary office	4 per doctor, plus 1 per employee, but in no case less than 1 per 400 square feet of gross floor area
	Car washing establishment	10 per washing bay
	Research or development laboratory	1 per employee, but not less than 1 per 600 square feet of gross floor space
	Manufacturing or industrial use	1 per employee per largest shift, but not less than 1 per 400 square feet of gross floor space
	Wholesale, storage, utility, or other similar commercial use	1 per employee, but not less than 1 per 1,000 square feet of gross floor space

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each such use, as part of its site plan review process.

Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Planning Board may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any of such establishments.

Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same site with the use to be served and shall be provided as follows:

Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width, except where delivery service will be by tractor-trailer, in which case the minimum length shall be 60 feet, and the minimum width shall be 14 feet.

Required number of spaces.

For retail and/or service business establishments, a minimum of one space for the first 6,000 square feet, plus one space for each additional 8,000 square feet of gross floor area or major part thereof, except that no berths shall be required for buildings with a gross floor area of less than 5,000 square feet.

For office establishments, a minimum of one space for the first 10,000 square feet of gross floor area, plus one space for each additional 15,000 square feet of gross floor area or major part thereof, except that no berths are required for buildings of less than 5,000 square feet of gross floor area.

For wholesale business, industry, storage, warehouses and other commercial establishments, a minimum of one space for each establishment, plus one space for each 8,000 square feet of gross floor area or major part thereof.

The number of loading spaces for other uses which do not fall within the categories listed above shall be determined, in each case, by the appropriate authority.

Any loading dock facing a road frontage shall be sufficiently far back from the road to permit the largest permitted tractor-trailer to maneuver into said loading dock without encroaching on the required front yard. Any such dock shall be screened so it is not visible from the road.

Driveways.

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

[Amended 1-7-1988 by L.L No. 1-1988]

No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.

Driveway grades.

The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 10%, except where it can be demonstrated to the satisfaction of the approving authority that, because of unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 15%.

[Amended 8-9-1994 by L.L. No. 1-1994]

The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as above, provided that such grades shall in no case exceed 10%.

Notwithstanding the maximum permitted grades specified above, no driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.

Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.

§ 215-35 Performance standards.

[Amended 2-13-1979; 8-9-1994 by L.L. No. 1-1994]

No use shall be established or maintained unless it complies with the performance standards in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.

Noise.

Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through the sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute.

The following uses and activities shall be exempt from these noise regulations:

Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.

Transient noises of moving sources, such as automobiles, trucks and railroads.

Noises from safety signals, warning devices and emergency pressure-relief valves.

The sound of bells or chimes from a church.

No person, firm or corporation shall allow the emission of sound in air which, as measured at the property lines, has a sound level in excess of 60 decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m, and in excess of 50 decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.

Smoke. The density of smoke and other atmospheric pollutants shall be measured by the Ringelmann Chart as published by the United States Bureau of Mines. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four minutes in any one hour which exceeds the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it is in any way detrimental to the public health or safety or is a source of damage to property.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, to exceed one pound per hour per acre of lot area. The emission from all sources within any lot area of particulate matter containing more than 10% of particles having a diameter larger than 44 microns is prohibited.

Odor. No person, firm or corporation, excluding farms and farm operations, shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted.

Fire and explosion. The storage, utilization or manufacture of detonable materials, flammable solids ranging from active burning to intense burning, flammable gases or flammable liquids shall not be permitted.

Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place.

Heat. No emission of heat shall be permitted which would cause a temperature increase in excess of one degree Fahrenheit along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or body of water.

Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.

Radiation. No emission or discharge of radioactive gases, liquids or solids shall be permitted.

Glare. No person, firm or corporation shall permit any high-intensity light to cross the boundary line of the lot on which this light source is situated.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Landscaping. The required front yard areas shall not be used for storage or parking, but shall be lawn or landscaped. The side yards shall be lawn or landscaped back to the rear building line. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition.

Lights. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Planning Board in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.

Industrial storage. Materials, supplies and products shall not be stored in any front or side yard area nor in any required yard. All outside storage areas shall be neatly kept, fenced, lighted and screened from any existing or proposed road or any adjoining residential district.

Commercial storage. Materials, supplies and products shall be stored in the rear 1/2 of the property but not in any required yard and shall be screened from any existing or proposed road or any adjoining residential area.

Fences. The Planning Board may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property.

Edible products. All edible products or materials for human or nonhuman consumption or used in manufacturing shall be maintained free of all vermin and insects.

Procedure.

In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence at it deems necessary to determine whether the proposed use will conform to said standards.

If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.

During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.

Enforcement. If, in the judgment of the Code Enforcement Officer or of the Town Board, there is a violation of the performance standards:

The Code Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within a reasonable time limit set by said official. The notice shall state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the Town.

If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, he shall note "violation corrected" on his copy of the notice and shall retain it among his records.

If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, he shall proceed to take action in accordance with Article VII of this chapter.

§ 215-36 Planned Development District.

Intent.

[Amended 4-3-1996 by L.L. No. 1-1996]

The Planned Development District (PDD) is hereby established to provide flexible land use and design regulations to encourage the creation of a mixed use of residential, commercial, retail, recreation and cultural development that:

Generates a positive tax base benefiting Town and village residents.

Increases employment opportunities.

Enhances shopping, recreational and cultural opportunities.

Supports senior housing and opportunities for the community.

[Added 8-10-2016 by L.L. No. 1-2016]

The PDD must utilize planning concepts that preserve open space, safeguard the environment, are compatible with historic, cultural and scenic resources and that are pedestrian oriented (i.e., incorporate walkways and bikeways and create a park-type atmosphere).

[Amended 8-10-2016 by L.L. No. 1-2016]

The PDD is established in furtherance of the basic policies and objectives as set forth in the Town of Pawling Comprehensive Plan.

Objectives. The Planned Development District should meet the following objectives:

The establishment of areas in which diverse uses may be brought together as a part of a compatible and unified plan of development which shall be in the interest of the general welfare of the Town and in accord with the Comprehensive Plan.

An environment of stable character in harmony with surrounding development, and a more desirable environment than would be possible through the strict application of other sections of this chapter.

Increased availability of housing needs for all economic levels.

[Amended 4-3-1996 by L.L. No. 1-1996]

A creative approach to the use of land and related physical development.

A land use pattern which minimizes the cost of the provision of community facilities and utilities (water, sewer, fire service, schools and roads) by an efficient use of land.

Convenience in the location of service facilities that better fulfills the needs of the surrounding area.

[Amended 4-3-1996 by L.L. No. 1-1996]

A development pattern which preserves the existing trees, outstanding topography, historic and scenic features, unique vegetation and geologic features of the site and which prevents soil erosion.

[Amended 8-10-2016 by L.L. No. 1-2016]

An efficient, aesthetic and desirable use of open space.

A more desirable environment and use of open space through the provision of pedestrian walkways, natural landscaping, appropriate screening and a park-like setting throughout the development.

General requirements.

[Amended 4-3-1996 by L.L. No. 1-1996; 9-9-1997 by L.L. No. 2-1997; 5-8-2001 by L.L. No. 2-2001]

Area and bulk standards.

The minimum area requirement to qualify for a Planned Development District (PDD) shall be 150 contiguous acres of gross land area. Public roads shall not be deemed to divide acreage for this purpose.

[Amended 8-10-2016 by L.L. No. 1-2016]

A Planned Development District shall be permitted only in those areas designated on the Zoning Ordinance Map for Planned Development Districts.

The land proposed for a Planned Development District may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Town Board. The applications shall be jointly submitted by all owners and, if approved, shall be jointly binding on all owners.

The floor area ratio (FAR) for the gross land area of any PDD application shall not exceed 0.25. Building coverage shall not exceed 15%.

[Amended 8-10-2016 by L.L. No. 1-2016]

When calculating the permitted density for a Planned Development District any land within the Great Swamp Wetland (DP-22) shall be excluded from the calculation.

Design requirements.

[1]Incorporate appropriate transportation improvements in terms of access to and from Route 22 and interior road circulation and pedestrian circulation systems. This may include the development of a transportation improvement district to provide for necessary service roads or feeder roads running parallel to Route 22.

Editor’s Note: Former Subsection C(2)(a), regarding design requirements for stores, professional offices and personal service establishments, was repealed 8-10-2016 by L.L. No. 1-2016. This local law also redesignated former Subsection C(2)(b) through (g) as Subsection C(2)(a) through (f), respectively.

Incorporate a sewage service area or on-site sewage treatment plan that adequately meets the needs of the expanded commercial development and makes some provision for eventual hookups or other sewage solutions for existing businesses in the HB part of the PDD Zone.

Ensure that the appearance of commercial buildings permitted under this section is harmonious with the general visual environment of the Town and promote a high standard of architectural design. The Planning Board may establish design guidelines and controls for commercial buildings, including architectural design review.

Maximize opportunities for shared parking and avoid unnecessary pavement and impervious surface coverage. For commercial uses permitted under this section, the Planning Board may waive up to 15% of the parking required for said commercial use upon a finding that an alternate supply to the minimum requirement is appropriate and adequate to meet the peak demands. In granting a parking waiver, the Planning Board may require that a parking reserve be provided in the event that it finds that some portion of the parking may be required in the future.

Ensure an integrated open space network by requiring a landscape plan that creates small tree-lined parking bays and requires at least one tree per 10 parking spaces.

These design requirements shall be applicable to all applications receiving PDD preliminary approval after the effective date of this amendment.

Permitted uses. The permitted principal uses within a PDD shall be limited to those specified below. A separate special permit is not required for any permitted uses in the PDD.

[Amended 4-3-1996 by L.L. No. 1-1996; 5-8-2001 by L.L. No. 2-2001]

Residential. The uses permitted in residential zones within the chapter shall be permitted in the Planned Development District.

Commercial. The following permitted principal uses are allowed, subject to the extent provided in an approved plan:

Banks, credit agencies and financial establishments.

[Amended 8-10-2016 by L.L. No. 1-2016]

Food stores.

Personal service establishments.

Restaurants and other places serving food and beverages.

Stores and shops for the conduct of retail business, including the making of articles to be sold at retail on the premises, provided that any such manufacturing or processing shall be incidental to a retail business.

Day-care facility.

[Added 8-10-2016 by L.L. No. 1-2016]

Industry and offices. The following permitted principal uses are allowed, subject to the extent provided in an approved plan:

Any industrial or manufacturing use, including the fabrication, converting, processing, altering, assembly or other handling of products, the operation of which uses only electric power not generated on site and which use does not constitute a hazard or nuisance and will meet the criteria of the performance standards as stated in § 215-35.

Lodging and conference-event center.

[Added 7-11-2012 by L.L. No. 2-2012[2]]

Editor's Note: This local law also provided for the redesignation of Subsection D(3)(b) through (e) as Subsection D(3)(c) through (f), respectively.

Recreation and cultural facilities, including sports complexes, entertainment and theater/cinema uses.

Office buildings for business and professional use, including administrative, scientific research and development, educational, financial and similar activities.

Warehousing and storage buildings.

Wholesale business.

Hospital, nursing home and clinic (medical or dental).

[Added 8-10-2016 by L.L. No. 1-2016]

Assisted-living facility.

[Added 8-10-2016 by L.L. No. 1-2016]

Educational institution.

[Added 8-10-2016 by L.L. No. 1-2016]

Accessory uses. The following permitted accessory uses shall be allowed in the PDD:

Storage and maintenance structures and areas for materials and equipment for the proper upkeep of the PDD.

Temporary construction facilities needed during the course of construction of the PDD.

Any use which is customarily incidental to any of the permitted uses located on the property.

[Added 8-10-2016 by L.L. No. 1-2016]

Standards and controls. All improvements within the Planned Development District shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in the land subdivision regulations. The appropriate density of land use to be permitted in a Planned Development District shall be determined in each case by the Planning Board and approved by the Town Board and specified on the General Land Use Development Plan. Such determination shall be based upon the standards and controls herein. Special permits may be required for aspects of certain uses as set forth below:

[Amended 4-3-1996 by L.L. No. 1-1996; 5-8-2001 by L.L. No. 2-2001; 5-7-2008 by L.L. No. 4-2008; 7-16-2008 by L.L. No. 5-2008; 7-11-2012 by L.L. No. 2-2012; 8-10-2016 by L.L. No. 1-2016]

Density.

Gross density for all residential development shall not exceed 2.0 dwelling units per acre for the gross land area of the Planned Development District.

Gross density for multifamily residential uses shall not exceed six bedrooms per acre of gross land area.

The Planning Board may grant a special permit to allow a density of greater than six bedrooms per acre for development addressing the housing objectives of the Comprehensive Plan.

No more than 25% of the total dwelling units within the Planned Development District shall be in single-family detached structures.

Commercial.

No more than 5% of the total permitted floor area in the Planned Development District shall be developed for commercial use.

The Planning Board may grant a special permit for commercial development to occupy up to 15% of the total permitted floor area within the PDD, if it finds that all such commercial development will:

Maintain a reasonable mix of uses in accordance with the objectives of Subsection B. Such commercial development may not exceed the limits of a multiple-use center, hereby defined as a maximum of 200,000 square feet of gross floor space.

Enhance the overall economic development of the Town and improve the tax base of the Town.

Increase lodging, service, shopping or recreational options and enhance the variety of employment opportunities available to the Town.

Establishment of a maximum store size of 100,000 gross square feet.

That a fund be established as called for below to help purchase land and development rights in the HB Zone north of the village and to improve the Route 22 corridor throughout the Town. Such a fund, among other items, could help eliminate any further retail development north of the village and create a Route 22 greenway.

Protect the visual environment through high-quality architecture and attention to aesthetics, scale and community character. Create a Route 22 greenway and minimize strip commercial development north of the village through the contribution of $1 per gross square foot for the additional commercial development beyond 5% of the total permitted FAR. This financial contribution is to be set aside in a special fund to enhance the landscaping, signage and lighting of the Route 22 corridor, including the potential for sidewalks, bicycle paths and conservation areas. The revenue from this special fund shall be used for the preservation and conservation of Route 22, including the area north of the Village of Pawling, so that retail development or commercial development of any kind is discouraged in this area of the Town. Such funds may be used to buy conservation or scenic easements, development rights or land. Fund revenues may also be used for landscape enhancements, signage, new lighting and pedestrian/bicycle paths. The one-time financial contribution of $1 per gross square foot of additional commercial development shall be collected by the Town upon the grant of certificate of occupancy for the additional square footage permitted as the result of this special permit.

Utilize a design concept that incorporates open space elements, the site's environmental characteristics, and is pedestrian oriented (i.e., incorporates walkways and bikeways).

Provides an efficient use of land, which minimizes the extent and cost of the provision of community facilities and utilities (water, sewer, fire service, schools and roads).

Provides convenience in the location of goods, services, amenities and facilities that better fulfills the needs of the surrounding area.

Utilizes an efficient, aesthetic and unified design incorporating open space elements, pedestrian walkways, natural landscaping and appropriate screening throughout the development, where feasible.

Promotes interconnected and shared access and parking facilities between businesses and the surrounding community.

Enhances opportunities for pedestrian and bicycle circulation and access to transit.

Provide a public square or park for the use of shoppers, employees and residents.

Within the PDD, the applicant shall provide one acre of open space for every 1% of commercial floor area in excess of 5% of the total permitted floor area. Such open space shall be calculated in addition to that required in Subsection E(5), open space and recreation. The Planning Board may waive or reduce this requirement if the intent of these provisions has been met as part of other planned improvements within the PDD.

The Planning Board may grant a special permit to allow a multiple-use center of greater than 200,000 square feet or a store greater than 100,000 square feet, provided that the overall development complies with the objectives, requirements and standards herein.

The Planning Board must find that the above conditions for granting a special permit are met by the applicant.

Industrial and office.

Up to 25% of the total permitted floor area in the Planned Development District may be devoted to industrial and/or office uses.

The Planning Board may grant a special permit for industrial and office development to occupy more than 25% of the total permitted floor area, if it finds that all such industrial and office development will meet the standards set forth above at §§ 215-36E(2)(b).

The Planning Board must find that the above conditions for granting a special permit are met by the applicant, except for those that pertain specifically to commercial development.

Building height and setbacks.

No structure within a PDD shall exceed 45 feet in height. However, no portion of any building shall exceed a height that would be equivalent to 35 feet higher than the highest point of the existing elevation of a site.

Setbacks.

Minimum required setbacks of all structures shall conform to the following requirements:

From the right-of-way of external roadways: 150 feet. The Planning Board may grant a reduction of the required setback from the right-of-way to external roadways to no less than 60 feet, provided that at least 60% of the external roadway frontage shall have no structures within 150 feet of the right-of-way of external roadways, and further provided that no parking areas shall be permitted within the reduced required setback.

From the outside perimeter of entire developments: 60 feet.

[c]

From internal roadways: 20 feet.

[d]

Utility structures and enclosures, including but not limited to transformers, switchgear, telephone boxes, water plant buildings, and other similar structures, can be placed within the required setback.

The distance between adjacent buildings shall be determined by the Planning Board on site plan review applying standards of firesafety and the necessity of access to said buildings by fire-fighting apparatus.

Where determined necessary by the Planning Board when reviewing site development plans, buffer landscaping of adequate size, type and spacing may be required to effectively screen buildings within the PDD from neighboring properties.

Open space and recreation.

At least 1/3 of the acreage of any PDD shall be composed of land which is owned or controlled jointly by all property owners within the development and is used for recreational purposes and/or preserved as natural open space. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable in the opinion of the Planning Board for the intended purposes.

In the evaluation of the PDD, the minimum landscaping provisions of § 215-30 shall apply, except where the regulations of this section or conditions of approval of the PDD require more restrictive controls.

Where a Planned Development District abuts a residential district, a buffer strip shall be provided along the perimeter of the PDD, suitably landscaped with earth mounds, trees and other ground cover.

Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land and by the formation and incorporation of a property owners' association, which shall be required to maintain such open space and recreation areas.

If the common property is deeded to a property owners' association, the developer shall submit with the application for preliminary plan a declaration of covenants and restrictions that will govern the association. The provisions shall include but not be limited to the following:

The association must be set up before lots are sold. Membership must be mandatory for each property owner and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.

The association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments.

In the event that the association fails to perform the necessary maintenance operations, the Town of Pawling shall be authorized to enter upon such premises for the purpose of performing such operations and to assess the cost of so doing equally among all affected property owners.

Common property shall be guaranteed by a restrictive covenant describing the open space and the maintenance and improvement provisions which run with the land.

Utilities.

In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of state and local governments and/or the utility company having jurisdiction.

Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a Planned Development shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.

Where connection to existing off-site public water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed by the applicant to serve all dwelling units and other facilities within the Planned Development District in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies, where such approvals are required.

Where part or all of a PDD is to be located within an area or drainage basin planned for future service by public water and/or sewerage systems or recommended for such system and/or systems within current comprehensive water supply and sewerage plans of the Town of Pawling, adjacent municipalities or of Dutchess County, any water or sewer facilities within the PDD shall be designed and located in such a way as to readily permit their connection to the public systems at such time as they are constructed.

Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town Planning Board shall be required.

Road standards.

The following three types of roads shall be permitted within the PDD:

CLASS A ROAD

A road built in accordance with the requirements of the Town's land subdivision regulations and standard specifications for subdivision road construction. The Planning Board shall classify all "Class A roads" into one of the following three classifications included in the minimum Town road specifications: major or through street; commercial or industrial; and rural or suburban type.

CLASS B ROAD

A private road over 600 feet in length and built in accordance with Town specifications.

CLASS C ROAD

A private road 600 feet or less in length and built in accordance with Town specifications.

The Planning Board may, when reviewing site development plans, adjust the road standards where it determines that such adjustment would be appropriate in relation to the particular situation involved and where the basic intent and purpose of these standards will be satisfied.

Only Class A roads may be offered for dedication as a public highway to the Town. Suitable legal agreements shall be required which permanently assure the proper maintenance of all Class B and Class C roads by a property owners' association.

Any Planned Development District shall conform to the provisions of § 215-25, Feeder roads.

Off-street parking requirements. The off-street parking and loading requirements of § 215-34 of this chapter shall apply, except that the following standards and requirements shall prevail if they are considered by the Planning Board to be more appropriate than those stated in § 215-34:

Joint use. Joint use of parking spaces by two or more adjacent facilities may be permitted when approved by the Planning Board upon a determination that the parking capacity to be provided will meet the intent of the requirements by reason of variation in the probable time of maximum use by users and staff on such facilities.

All parking shall be provided in paved off-street parking areas. Parking shall be minimized along road frontage areas and screened from view.

Internal landscaping. In off-street parking areas containing 25 or more parking spaces, at least 15% of the total parking area within the paved areas shall be landscaped with appropriate trees, shrubs and other plant material as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility. The Planning Board may require curbing where deemed necessary to control drainage or provide safe and efficient vehicle access.

Application procedures. The application procedure for approval of a Planned Development District shall involve the following process:

Resource analysis and concept plan review by the Town Board.

[Amended 8-10-2016 by L.L. No. 1-2016]

Planning Board review of the Preliminary Plan and report to the Town Board.

Public hearing by the Town Board and decision on the Planned Development District rezoning.

Administrative site plan review by the Planning Board and appropriate Town officials.

Planning Board public hearing and decision on the subdivision of land, if any.

Resource analysis and concept plan.

[Amended 4-3-1996 by L.L. No. 1-1996; 8-10-2016 by L.L. No. 1-2016]

The resource analysis and concept plan are intended to permit an applicant to provide site information and submit his concept for a Planned Development District without incurring the significant costs of detailed planning. This step permits the Town Board to review the resource analysis and concept plan at the earliest possible stage so as to determine whether the proposal complies with the regulations herein and the Comprehensive Plan for the Town of Pawling.

The application for resource analysis and concept plan approval shall be filed with the Town Clerk and shall contain the following information:

A vicinity map sketched to a scale of 2,000 feet to the inch, showing land owned by the applicant and indicating the relationship of the site to existing community facilities which serve it, such as roads, shopping, schools, etc.

Resource analysis map(s) of the site showing:

Soil types and boundaries and bedrock outcrops.

Topography and steep slopes (over 25%).

Wetlands plus buffer areas, wet areas, water bodies, and watercourses.

One-hundred-year floodplains.

Vistas and viewsheds into or out of the property.

Areas of contiguous forestlands and wooded areas.

Nearby significant topographic features and historical structures.

Existing parklands, recreational and/or public open space.

A conceptual drawing of the entire proposed Planned Development District containing the following information:

A scale drawing of the outer perimeters of the proposed project, including the ownership of abutting lands and principal ties to the community at large with respect to transportation, water supply and sewage disposal.

Location and identification of the various land uses, including open spaces.

An outline of the interior roadway system and the location of existing roadways within and adjacent to the proposed area development.

Location of the boundaries of the existing zoning for the land proposed for the PDD and identification of districts therein and the number of acres within each district.

The location of significant topographic features, vegetation and historic structures.

Delineation of the areas to be included in each stage, if required, and an indication of the order in which they would be submitted for approval. Staging, or phasing, plans should include a notation summarizing the residential density; and residential and nonresidential uses by floor area for each project phase. The ratio of nonresidential to residential floor area within each stage of the PDD shall not differ from that of the PDD as a whole by more than 40% except that the Planning Board may authorize a greater difference up to a maximum difference of 50%.

Accompanying the conceptual drawing, there shall be a general report prepared by the applicant containing the following information:

An affidavit to demonstrate competence to carry out the plan and awareness of the scope of such project, both physical and financial.

An explanation of the particular housing mix which the applicant intends to use, indicating the percentage of housing to be provided the following categories: detached, semidetached and multifamily, and what percentage of each is to be for rent or sale.

Plans for accessory commercial, service and other nonresidential uses.

Plans for public and private institutional, residential and community activities, churches, schools and other uses.

Plans for industrial office and research uses.

A general statement as to gross residential density and average density for detached, semidetached and multifamily housing.

A development schedule indicating the approximate date when construction of the PDD or the stages of the PDD can be expected to begin and be completed.

A statement as to the compatibility of the applicant's proposed plan with the Comprehensive Plan of the Town of Pawling.

When the Town Board has received all of the above information, the Supervisor shall certify to the applicant, in writing, that his application for concept plan approval has been received. The Town Board shall refer the application to the Town Planning Board for informal study and comments. The Planning Board shall submit its comments within 30 days of receipt of the application. The application and its supporting documents shall be available for public inspection in the office of the Town Clerk during regular business hours.

The Supervisor shall, within 60 days from the certification of receipt of application, call an informal public meeting to permit the applicant to present his concept to the public and for the Town Board to receive the public's comments, criticisms and suggestions on the concept presented by the applicant.

The Town Board shall, within 30 days from the termination of the public meeting, and must, by letter, either refer the application to the Planning Board with directions to proceed with preliminary plan approval or indicate to the applicant that the concept does not comply with the intent of the Planned Development District and state generally what, if anything, could be done to bring the concept into compliance.

If the application is referred to the Planning Board, a copy of the letter of referral must be sent to the applicant. The applicant shall, within 30 days after receipt of the above letter, furnish to the Town Board a letter of intent to file a preliminary plan. Failure of the applicant to file notice of intent will render the application null and void, and reapplication may not be made within one year from date of original application.

Preliminary plan.

Within 60 days from the filing of the letter of intent, the applicant shall submit a preliminary plan of his proposal to the Planning Board. The preliminary plan shall be drawn to scale and shall clearly show the following information for the PDD or stage thereof under consideration in addition to that required for the concept plan:

The name and address of the applicant, property owner(s), if other than the applicant, and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property. Where the applicant or owner is a corporation, the application shall include the names and addresses of all officers, directors and principal stockholders of said corporation. Where the applicant is a partnership, the application shall include the names and addresses of all general partners.

A written statement describing the nature of the proposed Planned Development District and how it will serve to implement the intent and purpose for such development, as set forth in this chapter.

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivision, streets and easements within 500 feet of the applicant's property.

The proposed general land use and development plan at a scale not smaller than one inch equals 200 feet and indicating the following:

The gross acreage encompassed by the development.

[Amended 8-10-2016 by L.L. No. 1-2016]

Terrain conditions on the property, to include topographic data with a maximum contour interval of 10 feet, an indication of generalized soil types and the location of existing watercourses, wetlands, wooded areas, major rock outcroppings and other significant existing features.

The proposed spatial arrangement of land uses, including the location, size, nature and general extent of areas to be developed with residential dwelling units, as well as nonresidential uses, mixed uses, public, community and/or recreational facilities; utility service and maintenance facilities; and areas to be preserved as open space, indicating the size, location and use of each area.

[Amended 8-10-2016 by L.L. No. 1-2016]

An identification of the various residential areas indicating for each area its extent, size and composition in terms of the total number of dwelling unit type (i.e., detached, semidetached, townhouse, garden apartments, etc.) and a description of the intended market structure (i.e., luxury, middle income, moderate income, senior housing units, family units, etc.), plus a calculation of the approximate residential density in dwelling units per acre (total PDD area, including interior roadways) and for each parcel if subdivided. For mixed-use areas, the plan shall identify the type and approximate density of dwellings to be associated with the commercial, industrial or office use.

[Amended 8-10-2016 by L.L. No. 1-2016]

[Added 8-10-2016 by L.L. No. 1-2016[3]]

Editor's Note: This local law also provided for the renumbering of former Subsection H(1)(d)[5] through [8] as Subsection H(1)(d)[6] through [9], respectively.

The interior drainage system and its relationship to adjoining property.

The general configuration of the road system and all existing or proposed rights-of-way and easements, whether public or private.

If grades exceed 3% or if portions of the site have a moderate to high susceptibility to flooding, ponding or erosion, a topographical map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above areas.

A description of how schools, fire-protection facilities, cultural facilities and other community services are to be provided, including a fiscal impact statement.

A statement of the proposed method of ownership and maintenance of the PDD, including common open space. This shall include a declaration of covenants and restrictions that will govern any homeowners' association, if established.

A generalized time schedule for the staging and completion of the PDD, including utilities and facilities.[4]

Editor’s Note: Former Subsection H(1)(g), which required that the applicant propose and submit an environmental impact statement, and which immediately followed this subsection, was repealed 8-10-2016 by L.L. No. 1-2016. This local law also provided for the redesignation of former Subsection H(1)(h) as Subsection H(1)(g).

Such other additional information as deemed necessary by the Town Board to properly study and evaluate the application.

Fee.

The fee which the applicant will have to pay based on the total acreage involved in his project is to be paid when he submits his documents at the preliminary plan stage.

Such fee to be applied to meeting the costs incurred by the Town for engineering, planning and other professional services in connection with its review of the application.

The initial application fee in an amount fixed by the then-current fee schedule as approved by the Town Board for each acre of land within the proposed development.

Should the applicant withdraw the application during a part of the review process or should the application be denied at any point in the review process, any unused portion of the fee shall be returned to the applicant.

The Chairman of the Planning Board shall notify the applicant, in writing, when all the necessary application material has been presented to the Planning Board.

Forwarding of copies for review and report.

Upon receipt of a completed application for approval of a PDD, the Planning Board shall forward for review and report two copies of such application to the Town Board for its information and one copy each to the Building and Zoning Inspector, the Town Conservation Advisory Board, the Town Engineer, Town Attorney, the Pawling Fire Department, the School Board, the Superintendent of Highways, the Village of Pawling Board, the Dutchess County Soil and Water Conservation District, the Dutchess County Department of Health, the Dutchess County Department of Planning, when such proposed development is within its jurisdiction, the Clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality and any other agencies, such as the New York State Department of Environmental Conservation, which may have jurisdiction, together with a request for review and report by said agency.

These agencies shall submit their reports to the Planning Board within 30 days of receipt of the referral, specifying the feasibility and adequacy of those elements within their sphere of interest. The appropriate Town authorities shall also state in their report any other conditions or problems which must be overcome before consideration of acceptance on their part.

The Planning Board shall review the preliminary plan and its related documents. The Board shall review all referrals and may call upon any public or private consultants that it believes are necessary to provide a sound review of the proposal.

Within 90 days from the date of receipt of a completed application, as determined by the Planning Board, said Board shall submit a written report to the Town Board setting forth its findings as to the advisability of the proposal. The Planning Board, upon rendering its report to the Town Board, shall also submit the preliminary plan, together with all related documents and reports, to the Town Board.

A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering preliminary plan approval and rezoning to PDD. It shall be based upon the following findings, which shall be included as part of the report:

The proposal conforms to the Town's Comprehensive Planning Study.

The proposal meets the intent and objectives of Planned Development District.

The proposal meets all the general requirements of the Planned Development District.

The proposal is conceptually sound in that it meets existing community needs within the Town and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.

There are adequate services and utilities available or proposed to be made available in the construction of the development.

An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report.

Public hearing and resolution.

Upon receipt of the Planning Board's report, the Town Board shall consider the rezoning application pursuant to the provisions of § 265 of the Town Law and § 239-m of General Municipal Law. The Town Board shall conduct a public hearing on the application for rezoning within 60 days of the receipt of the report. Public notice shall be as required by the Town Law of New York State.

The Town Board may continue the hearing from time to time; provided, however, that the hearing shall be concluded within 60 days of the first hearing unless the applicant shall consent, in writing, to an extension.

Within 120 days following the conclusion of the public hearing, the Town Board shall either:

Grant approval of the plan as submitted by rezoning the proposed land area to PDD;

Grant tentative approval subject to specified conditions not included in the plan as submitted or modified; or

Deny approval of the plan and rezoning.

A denial shall be by written resolution, and the applicant shall be prohibited from making reapplication for a period of one year from the date of said resolution. The resolution shall include but not be limited to findings of fact and conclusions for denial.

In the event that the Town Board grants conditional approval to the preliminary plan, the applicant shall, within 30 days after receiving a certified copy of the written resolution of the Town Board, notify the Board of its acceptance of or refusal to accept all of said conditions. Upon written receipt of acceptance of the conditions and/or modifications by the applicant, the Town Board shall vote to approve or deny approval of the rezoning application.

Approval of site development plans.

No earth work, land clearing or construction of any kind shall take place within the limits of a Planned Development District until a site development plan for such development, or the appropriate section thereof, has been reviewed and approved, all in accordance with the procedures outlined in § 215-47, Site plan approval, of this chapter and supplemented as follows.

Submission of application. After Town Board action approving the zoning change, applications shall be submitted in five copies to the Zoning Inspector, with the initial application accompanied by five copies of the approved general land use and development plan, and shall include the following information:

[Amended 4-3-1996 by L.L. No. 1-1996]

A proposed site development plan map drawn at a scale of no less than one inch equals 100 feet and indicating the following:

The title of the development, date, revision dates, if any, North point, scale, name and address of the applicant and of the architect, engineer, landscape architect and/or surveyor preparing the site development plan.

A detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two feet, designation of specific soil types, the location of all existing watercourses and intermittent streams, the location and extent of existing wooded and wetland areas and specification of the type of vegetation prevailing therein and the location of existing stone walls, rock outcrops, wooded areas and major trees (eight inches or more in diameter) outside of wooded areas which are to remain undisturbed.

The location and dimensions (length, width, ground floor elevation and height) of all existing and proposed main and accessory buildings, with the use for each indicated.

The location, width and finished pavement grades of all existing and proposed public and private roads.

The location and proposed development of all open spaces, including parks, playgrounds and natural open space.

The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives.

The location, size and proposed screening of any refuse storage or other outdoor storage areas.

The location and size of all proposed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities.

Locations, design and construction plans for proposed sidewalks and steps, drainage structures, retaining walls, etc.

A landscaping plan, to include type, size and location of materials to be used.

Proposed type, location and design of exterior lighting system.

Proposed location, type, size, color and illumination of all proposed signs.

[Added 8-10-2016 by L.L. No. 1-2016]

Architectural plans and specifications of representative buildings and structures, including general exterior elevations, perspective drawings and, in the case of residential buildings, typical floor plans indicating the number of bedrooms and the use of all other rooms within each dwelling unit.

Calculation of expected storm drain loads to be accommodated by the proposed drainage system for a fifty-year-frequency storm.

Estimate of earth work, showing the quantity of any material to be imported to and/or removed from the site.

Description of measures planned to assure proper erosion and sedimentation control during construction.

A statement from the applicant's engineer indicating the estimated cost of constructing all new roads and sidewalks and of the water supply sanitary sewerage and storm drainage systems.

A list of approvals to be obtained from the State Department of Transportation, County Highway Department or the Town of Pawling Superintendent of Highways, as appropriate, of the design and proposed construction of any intersection of a new road with an existing state or county or Town highway and of any proposed connections to existing drainage facilities along such highways.

Copies of legal covenants and agreements restricting the use of recreation and open space areas to such purposes and of documents establishing future ownership and maintenance responsibilities for all private roads, recreation and open space areas.

Any other legal agreements, documents or information required to implement the purposes and intent of the Planned Development District as approved by the Town Board.

An application fee in an amount and as normally determined by the Planning Board in site plan review.

Construction and maintenance bonds as normally required in subdivisions.

Referral to the Planning Board, Town Engineer, Superintendent of Highways and Town Attorney.

Upon receipt of a site development plan application, the Zoning Inspector shall refer two copies to the Planning Board, one copy to the Town Engineer, one copy to the Town Attorney and one copy to the Superintendent of Highways where a private road to be constructed as a part of the site development will intersect with an existing Town road or an approved Class A road, all for review and report.

Review by the Planning Board, Town Engineer and Superintendent of Highways shall be for the purpose of determining that:

Such development will be in accordance with the approved general land use and development plan and any other requirement and conditions established by the Town Board as a part of the rezoning of the development.

It complies with all other applicable standards and requirements of this chapter.

All facilities and improvements necessary to the construction of the development will be properly provided.

Proposed intersection of private roads with existing Town roads or Class A roads are located and designed so as to permit safe traffic movements through the intersections.

Existing Town roads within the boundaries of the PDD are capable of safely accommodating the increased traffic generated by the development.

Review by the Town Attorney shall be for the purpose of determining the adequacy of all covenants and agreements, documents and other legal information required in connection with the construction and operation of all jointly owned facilities and areas within the PDD.

Reports from Town Engineer, Superintendent of Highways and Town Attorney shall be submitted to the Planning Board within 30 days.

Action by Planning Board.

The Planning Board shall fix a time within 45 days from the day an application for site plan approval is made for a public hearing. Public notice shall be given by publications in the official Town newspaper of such hearing at least five days prior to the date of public hearing. Within 45 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the site plan. The decision of the Planning Board shall be filed in the office of the Town Clerk.

Conditional approval may include recommendations as to desirable revisions to be incorporated in the final site plan, conformity with which shall be considered a condition of approval. Such recommendations shall not significantly alter the preliminary plan. Final site plan approval may also be conditioned upon receipt of required agency permits, including but not limited to State Departments of Health, Transportation and Environmental Conservation.

[Amended 4-3-1996 by L.L. No. 1-1996]

The final site plan shall be disapproved if it significantly differs from the preliminary plan as approved by the Town Board. The Planning Board will indicate the reasons for disapproval. A revised plan may be submitted to the Planning Board within six months of disapproval.

A permit authorizing earth work, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any development which has not been constructed in accordance with said plan.

Inspection fee. As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks and water supply sewerage and storm drainage systems, shall be paid to the Town of Pawling. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses, and any unused portion shall be returned to the applicant.

Special conditions. If, during the course of construction, any conditions, such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas or other unusual circumstances, are encountered which were not foreseen in the original planning, such conditions shall be reported to the Planning Board, together with the developer's recommendations as to the special treatment required to secure adequate and permanent construction. The Planning Board, in consultation with the Conservation Advisory Board, shall investigate the condition or conditions, and either approve the developer's recommendations to correct the same, order a modification thereof or issue its own specifications for correction of the condition or conditions. Unusual circumstances or detrimental conditions observed by the Town Engineer or Zoning Inspector shall be similarly treated.

Amendments. Where unforeseen conditions are encountered which require any change to an approved site plan or where the developer wishes to modify the approved site plan for other reasons, an amended site plan shall be filed with the Zoning Inspector for review and approval in accordance with the same procedures required under this section.

Changes of land use, intensity of use and reduction of open spaces must be made by the Town Board after report of the Planning Board and upon recommendation by the Dutchess County Planning Department. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan are to be attached to and recorded with initial final plan documents with the proper authorities.

Expiration of approval. Site development plan approval shall expire if work on the approved development has not begun with three years of the date of approval. Extensions of the expiration date may be granted by the Zoning Inspector upon recommendation of the Planning Board, for periods each of which shall not exceed one year.[5]

[Amended 4-3-1996 by L.L. No. 1-1996]

Editor’s Note: Former Subsection I(11), Regulation during construction, as amended, and which immediately followed this subsection, was repealed 8-10-2016 by L.L. No. 1-2016. This local law also provided for the renumbering of former Subsection I(12) and (13) as Subsection I(11) and (12), respectively.

Improvement or performance guaranties.

As a condition of final approval and before any building permits are issued, the Town Board shall require posting of such performance guaranties as it deems necessary to ensure the installation of the improvements. Said performance guaranty shall be for a period of time to be determined by the Town Board. The amount of the performance guaranty may be reduced by the Town as portions of the required improvements have been completed.

All such improvements shall be subject to the approval of the appropriate authority.

§ 215-37 Public stable, commercial riding establishment or club.

Approval of subdivision plats. Applications for the approval of any subdivision plats and for the construction of any Class A roads shall be submitted to the Planning Board and processed by said Board in accordance with all the procedures and requirements specified in the Town's land subdivision regulations and standard specifications for subdivision road construction. The Planning Board may waive dimensional requirements for lots created by subdivision, provided such lots are consistent with the objectives, intent, design requirements and all other provisions set forth in § 215-36.

[Amended 8-10-2016 by L.L. No. 1-2016]

A special permit may be granted for the establishment of a public stable, commercial riding establishment or club in those districts where it is a special permitted use. Such establishment, club or stable may be used for the boarding and training of horses when the following conditions are met:

The minimum lot size shall be five acres.

The use of the property shall be limited to the keeping of one horse per each acre of lot area.

No building in which animals are housed, riding ring, corral or manure storage area shall be located within 100 feet of any lot line or street right-of-way.

No horses shall be housed in any buildings used as a residence.

Front, rear and side yard areas shall be landscaped and screening provided, where necessary, to harmonize with the character of the neighborhood.

The property shall be so maintained that it will not create a nuisance and meets the applicable performance standards of § 215-35.

Adequate buffer zones should be provided, including fencing, if necessary, to keep horses at least 100 feet from any surface water or wetlands area.

§ 215-38 Public utilities.

The Planning Board may grant special permits for the construction, erection, installation and maintenance of structures and facilities of public utilities upon the furnishing of proof of public necessity. Therefore, such proof shall require demonstration that the applicant is a duly constituted public utility, that the property site is necessary to enable the applicant to render safe and adequate service and that no alternative sites are available which could be used with less disruption of the Zoning Plan. The Board, in granting such permit, may impose reasonable restrictions and conditions which will protect private property in the vicinity and promote the health, safety, morals and general welfare of the community.

Public utility substations and similar utility structures, where permitted, shall be surrounded by a fence set back from the property lines in conformance with the district bulk regulations. Any use permitted under this section shall conform to the standards of § 215-30, Landscaping, and § 215-35, Performance standards.

§ 215-38.1 Solar energy systems.

[Added 12-13-2023 by L.L. No. 7-2023]

Statutory authority and jurisdiction.

This section is hereby enacted pursuant to the provisions of § 20 of the Municipal Home Rule Law and §§ 261 and 263 of the Town Law of the State of New York, which authorize the Town of Pawling to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment, and access to sunlight necessary therefor.

The authority to issue site plans pursuant to the provisions of this section is hereby delegated to the Town of Pawling Planning Board.

References herein to zoning districts in the Town of Pawling are references to such districts as described in this Chapter 215 of the Town of Pawling Code.

Statement of purpose and intent.

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

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

Decreasing the cost of energy to the owners of certain residential and commercial properties;

Decreasing the use of fossil fuels, which reduces the carbon footprint of the Town of Pawling, aids in energy independence of the Town of Pawling, and reduces polluting greenhouse gas emissions; and

Increasing resiliency of the energy grid during storm events and times of peak energy demand.

The use of solar energy to provide electrical power for the needs of the Town's residents and businesses is consistent with the Town of Pawling's commitment to green infrastructure and practices, and consistent with its goal of promoting long-term sustainability.

This section is intended to permit and regulate, under specific circumstances, the use of solar energy systems within the Town of Pawling.

However, measures must be taken, as provided in this chapter, to:

Minimize adverse impacts on neighboring properties;

Protect the environment, including agricultural soils, vegetation, and tree cover;

Protect the general public health, safety, and welfare; and

Ensure that the use and siting of solar energy systems shall be compatible with the Town's Greenway Connections Ordinance[1] and Comprehensive Plans.

BUILDING-INTEGRATED SOLAR ENERGY PRODUCT

Editor's Note: See Ch. 29, Greenway Connections.

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

ACCESSORY USE

A use which is customarily incidental and subordinate to the principal use of a lot or water area, and which is located on the same lot or water area therewith.

ALTERNATING CURRENT

An electric current that reverses direction at regular intervals, having a magnitude that varies continuously in a sinusoidal manner.

A building product that incorporates solar energy modules and functions as a component of the building envelope, which produces electricity for on-site consumption. These include, without limitation, vertical facades, semitransparent skylight systems, roofing materials, and window shades.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A solar energy system that uses building-integrated solar energy products.

DIRECT CURRENT

An electric current of constant direction, having a magnitude that does not vary or varies only slightly.

FACILITY AREA

This shall include:

All of the area within any fence surrounding a solar energy system; and

GROUND-MOUNTED SOLAR ENERGY SYSTEM

The area covered by and between all solar energy system components, including, but not limited to, access roads, transmission lines, and support buildings.

A solar energy system that is 1) anchored to the ground or supported on a foundation; 2) attached to a frame or other mounting system; or 3) detached from any other structure. A ground-mounted solar energy system must be used primarily for producing electricity for on-site consumption and must be approved by the Town of Pawling Planning Board. A ground-mounted solar energy system requires site plan approval by the Town of Pawling Planning Board and must comply with the regulations set forth in § 215-38.1H of this chapter.

KILOWATT (kW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).

KILOWATT-HOUR (kW)

A unit of energy equivalent to one kilowatt (kW) of power expended for one hour of time.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that produces more than 110% of the solar energy needed to serve the principal and accessory structures on site. Large-scale solar energy systems are prohibited within the Town of Pawling.

LEGALY PERMITTED STRUCTURES

Principal and accessory structures that are either 1) permitted under the current Town of Pawling Code for which a certificate of occupancy or a certificate of compliance has been issued; 2) structures created before building permits were required; or 3) structures that otherwise do not require a certificate of occupancy or certificate of compliance. Per § 215-33 of the Town of Pawling Code, alteration of these structures may require site plan approval from the Planning Board. The Building Inspector/Code Enforcement Officer shall determine whether site plan approval is necessary and whether he or she should issue a certificate of occupancy or certificate of compliance.

LOT COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

MEGAWATT (MW)

A unit of electrical energy equal to 1,000 kilowatts. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used.

MEGAWATT-HOUR (MWh)

A unit of energy equivalent to one Megawatt (MW) of power expended for one hour of time.

NAMEPLATE CAPACITY

A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current or direct current.

PLANNING DEPARTMENT

For the purposes of this section, the Planning Department shall be made up of the Secretary of the Town of Pawling Planning Board, the Town of Pawling Planning Board, and the Town of Pawling Zoning Board. Applications for solar energy systems which require the Town of Pawling Planning Department's approval shall be submitted to the Planning Department and shall be subject to site plan approval by the Town of Pawling Planning Board.

PRINCIPAL SERVICE

All solar energy systems in the Town of Pawling shall principally serve the buildings or structures on the property in question, whereby the owner can only produce 110% of a property's solar energy needs, including emergency needs. The buildings or structures must be located on the same lot as the solar energy system.

PRINCIPAL USE

The main use conducted on a lot, dominant in area, extent, or purpose to other uses which may also be located on the lot.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy panel system installed on or above the roof covering of a legally permitted structure for the purpose of producing electricity for on-site consumption. Roof-mounted solar energy systems are comprised of solar energy panels that are either 1) fixed and flush-mounted parallel to the roof; 2) placed on rack-supported systems that may be articulated and tilted; 3) solar energy roof coverings; or 4) any combination of the three. A roof-mounted solar energy system cannot extend past the roofline. A roof-mounted solar energy system that produces more than 25 kW DC as rated by its nameplate capacity shall be referred to the Pawling Planning Board for site plan approval.

SITE PLAN APPROVAL

All ground-mounted solar energy systems, and any roof-mounted solar energy systems producing more than 25 kW DC as rated by their nameplate capacity, require site plan approval by the Town of Pawling Planning Board. All solar energy systems which require site plan approval must comply with the regulations set forth in the Town of Pawling Code, including §§ 215-38.1H and 215-47.

SMALL-SCALE SOLAR ENERGY SYSTEM

A solar energy system that does not exceed more than 110% of the solar energy needed to serve the principal and accessory structures on the lot upon which the system is located. Nothing contained in this provision shall be construed to prohibit the sale of the excess 10% of power not required for the on-site needs through a net billing or net metering arrangement made in accordance with New York Public Service Law, § 66-j, or a similar state or federal statute.

SOLAR ACCESS

Space open to the sun and substantially clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of a solar energy system on individual properties.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, materials, hardware, inverters, or other electrical equipment and conduits of solar energy devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of solar panels and solar energy equipment that produces electricity for primarily on-site consumption.

SOLAR PANEL

A solar energy device capable of collecting and converting solar energy into electrical energy. It is normally either 1) attached to a building by mechanical means and is readily removable and replaceable; or 2) it is ground-mounted and utilizes structural components.

Safety requirements.

All solar energy systems shall comply with the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code established pursuant to New York Executive Law § 381, Subdivision 2 (hereinafter referred to as the "NYS Uniform Code"), as well as any other applicable laws or regulations, to ensure compliance with all safety standards, including fire access.

In the event that the New York Uniform Code contains more restrictive regulations covering solar energy systems than those noted in this section and the regulations conflict, then the NYS Uniform Code regulations shall prevail.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the Pawling Fire Department and, if the solar energy system is located in an ambulance district, the local ambulance corps.

Applicability.

The requirements of this section apply to all solar energy systems and equipment installed or modified after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section. However, if 51% of the nameplate capacity of a solar energy system that was previously constructed or installed prior to the effective date of this section is repaired, then the full solar energy system must comply with the requirements of the current Code.

Farms within the Agricultural District, as defined in § 215-3 of the Town of Pawling Code and in Article 25-AA of the New York State Agriculture and Markets Law, must meet all requirements found in § 215-17.3 of the Town of Pawling Code. Farmland within the Agricultural District will be exempt from setback requirements and the five acre zone requirement, as further discussed below. Farms must only use solar energy systems for farm uses. Additionally, farms should not use prime farmland for such solar energy systems. If prime farmland is used for the installation of a solar energy system, then the property owner must demonstrate that there are no other alternative locations for the solar energy system. The definition of prime farmland shall be the same definition as that promulgated by the United States Department of Agriculture.

Roof-mounted small-scale solar energy systems installed on single- and multifamily residential properties are subject to compliance with this chapter under the authority of the Building Inspector/Code Enforcement Officer and generally do not require review and approval from the Town of Pawling Planning Board. However, the Building Inspector/Code Enforcement Officer may refer the application and associated materials to the Planning Department for review and recommendation.

The following shall be automatically subject to review by the Planning Department:

Roof-mounted, small-scale solar energy systems installed on nonresidential properties;

Roof-mounted solar energy systems that produce more than 25 kW DC, as rated by their nameplate capacity; and

All small-scale ground-mounted solar energy systems, regardless of the size of the solar energy systems or the zoning district they are located in.

Installation requirements for all solar energy systems.

A building permit shall be required for the installation of all solar energy systems.

All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation requirements, and industry standards.

Prior to the operation of the solar energy system, the electrical connections must be inspected by the Building Inspector/Code Enforcement Officer and by an appropriate electrical inspector or agency, as approved by the Town of Pawling, funding for which shall be paid for by the applicant. Letters of inspection must be provided to the Building Inspector/Code Enforcement Officer prior to the issuance of a certificate of occupancy or certificate of compliance.

Any connection to the public utility grid must be inspected by the appropriate public utility, and documentation certifying this inspection must be provided to the Building Inspector/Code Enforcement Officer prior to the issuance of a certificate of occupancy or certificate of compliance.

Approvals by the Town of Pawling Planning Board shall include a review pursuant to the State Environmental Quality Review Act [Environmental Conservation Law Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")].

For solar energy systems subject to site plan approval, the Town of Pawling shall impose, and may update as appropriate, a schedule of fees to recover expenses associated with engineering, environmental, or legal services determined to be reasonably necessary in the processing of an application under this section.

Prior to the issuance of the building permit and final approval by the Town of Pawling Planning Board, construction and/or site plan documents must be signed and stamped by a New York State licensed professional engineer or a New York State registered architect.

Infrastructure required for the installation of any solar energy system, including all solar panels, integrated monitoring systems, performance measuring equipment, batteries, and any screening, must be contained within the boundary lines of the property owner and outside of any utility/public right-of-way.

Infrastructure required by the utility for utility interconnection located in a utility/public right-of-way, and upgrades to an existing overhead utility service drop, are permitted.

When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of Dutchess County and other applicable laws and regulations.

All warning signs, equipment markings, and installations of solar energy systems shall be in accordance with the New York State Uniform Code, the National Electric Code, the National Fire Protection Association Codes and Standards, and any other applicable laws and regulations.

The use and siting of solar energy systems shall be compatible with the Town's Greenway Connections Ordinance[2] and Comprehensive Plans.

Editor's Note: See Ch. 29, Greenway Connections.

Roof-mounted solar energy systems.

Roof-mounted solar energy systems that primarily service the electricity on-site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure, as indicated in the use table included at the end of this chapter and subject to any overlay district regulations set forth in the Town of Pawling Code, as defined herein and subject to the requirements set forth in this section.

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

Where roof-mounted solar energy systems are proposed for a principal or accessory structure that does not meet the setback requirement of the underlying zoning district or zoning overlay district, an application shall be made to the Town of Pawling Zoning Board of Appeals for an area variance for the noncompliance to ensure there are no adverse impacts.

Roof-mounted solar energy systems shall incorporate the following design requirements:

Roof-mounted solar panels on a pitched roof shall be mounted in such a way that the maximum distance between the roof and the highest edge of any solar panel does not exceed 12 inches.

Roof-mounted solar panels on a flat roof shall be mounted in such a way that the maximum distance between the roof and the highest edge of any solar panel does not exceed 24 inches.

Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way. If topography makes this requirement impractical, then the Building Inspector/Code Enforcement Officer shall make the determination relating to the enforcement of this provision when reviewing the New York State unified residential solar energy permit application and all the required materials submitted therewith.

All solar panels shall be dark-colored (blue or black material) and designed with an antireflective coating.

The applicant, and the Planning Board if site plan approval is necessary, shall consider potential glare from the solar panels when designing the solar energy system.

All stormwater runoff shall be managed on the subject property as required by the New York State Department of Environmental Conservation.

Marking of electrical equipment and installations of solar energy systems shall be in accordance with the New York State Uniform Code, the National Electric Code, the National Fire Protection Association Codes and Standards, and all other applicable codes.

The roof-mounted solar energy system cannot extend past the roofline.

The applicant, prior to the installation of roof-mounted solar energy systems, shall complete and provide to the Building Inspector/Code Enforcement Officer for review, approval, and issuance of a building permit the following:

The New York State unified residential solar energy permit application;

All associated required documents, including specifications and construction documents referenced in the above application; and

Payment of all required fees, including the application fee which shall be set by Town Board resolution.

If a building permit or site plan approval (if required) is issued for a roof-mounted solar energy system, the Chief of the Pawling Fire Department must be notified, and a copy of the final building permit should be sent upon issuance to the Chief by certified mail, return receipt requested.

Small-scale ground-mounted solar energy systems.

Small-scale ground-mounted solar energy systems are permitted through the issuance of site plan approval within all zoning districts, as indicated in the use table included at the end of this chapter, and subject to 1) any overlay district regulations set forth in the Town of Pawling Code and 2) the requirements set forth in this section.

Installations of small-scale ground-mounted solar energy systems will be treated as accessory structures to legally permitted structures, subject to the requirements set forth in this section.

All solar panels shall be dark-colored (blue or black material) and designed with an antireflective coating.

The applicant and the Town of Pawling Planning Board shall consider possible glare from the solar panels when designing the solar energy system.

All small-scale ground-mounted solar energy systems in all zoning districts shall be installed in the side yard or rear yard.

Small-scale ground-mounted solar energy systems are subject to setback requirements of the underlying zoning district, with a minimum setback of at least 100 feet from any property line. The Town of Pawling Planning Board has the authority to increase the setback requirements where there is an adverse impact.

Small-scale ground-mounted solar energy systems are restricted to a height of 10 feet from the ground under the solar panel to the highest point of the solar panel or racking structure, whichever is greater.

Small-scale ground-mounted solar energy systems visible during leaf-off conditions, when viewed from the edge of an applicant's property line, shall be screened from adjacent properties and public rights-of-way by fencing, a landscape buffer, or a combination thereof to minimize visual impact from the system to either public roads or neighboring properties. The screening shall be maintained at all times and shall be replaced as soon as practicable if damaged or destroyed for any reason. The Town of Pawling Planning Board has the authority to take the physical characteristics of the site into consideration as it relates to view-shed and screening requirements.

Each applicant shall submit a copy of their application to the public electrical utility. Foreseeable infrastructure upgrades shall be documented and submitted, and all materials shall be submitted to the Town of Pawling Planning Board concurrent with application materials for site plan approval. All materials shall be subject to approval by the Town of Pawling Planning Board. No building permit will be issued for a small-scale ground-mounted solar energy system until such time as the electrical utility has verified its approval. Off-grid systems and systems designed to produce energy solely for the site it is installed on are exempt from this requirement.

The total surface area of the small-scale ground-mounted solar energy system shall be included in lot coverage calculations and impervious coverage calculations. Lot coverage for ground-mounted solar energy systems shall comply with the maximum impervious surface coverage requirements of the underlying zoning district and/or zoning overlay district, as set forth in the dimensional table included at the end of this chapter.

It is the strong preference of the Town of Pawling that the installation of small-scale ground-mounted solar energy systems do not require the removal of mature trees or forests. Therefore, where practicable, ground-mounted solar energy systems shall be located on portions of properties that are currently free of trees.

All small-scale ground-mounted solar energy systems in residential districts shall be installed on properties that are a minimum of five acres in size or more, and they shall be installed in the side or rear yards.

Applications for small-scale ground-mounted solar energy systems.

Applications for the installation of small-scale ground-mounted solar energy systems shall be reviewed by the Building Inspector/Code Enforcement Officer and the Planning Department, who shall refer the application, with comments, to the Town of Pawling Planning Board for its review and action, which can include approval, approval with conditions, or denial of solar energy system applications. If the application includes environmentally sensitive lands, the Planning Board may refer the application to the Town's environmental consultant.

The application to the Town of Pawling Planning Board for site plan approval shall include all items set forth in § 215-47 of the Town of Pawling Zoning Code and the New York State unified residential solar energy permit application. Additionally, all applications shall include:

The name, address, and contact information of the proposed or potential system installer. Such information regarding the final system installer shall be submitted prior to the issuance of a building permit.

The name, address, and contact information of the owner and/or operator of the solar energy system.

The name, address, contact information, and signature of the project applicant, as well as all of the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

The nameplate capacity of the solar energy system (as expressed in kW or MW).

The zoning district designation for the parcel(s) of land comprising the facility area.

Property lines and physical features, including roads, for the facility area.

Adjacent land uses on contiguous parcels within a 300-foot radius of the facility area.

Proposed changes to the landscape of the site, including site grading, vegetation clearing, planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components, if applicable, and should include applicable setback and other bulk and area standards.

A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

Any information which the Town of Pawling Planning Board deems reasonably relevant in order to properly review the application for the small-scale ground-mounted solar energy system.

(14)

Abandonment of small-scale ground-mounted solar energy systems.

All applications for small-scale ground-mounted solar energy systems shall be accompanied by a decommissioning plan, to be implemented upon abandonment, cessation of activity, or in conjunction with the removal of the ground-mounted solar energy system, prior to the issuance of a building permit. The decommissioning plan shall be accompanied by a budget showing the cost of implementing the plan, certified by the project engineer and approved by the Pawling Town Board, and the applicant shall provide a performance bond or New York State bank letter of credit, for the benefit of the Town of Pawling, in the amount shown on the budget, plus 50%, available to the Town of Pawling for the life of the solar energy system or for so long as necessary to complete decommissioning, whichever is longer. This security will not be released until the small-scale ground-mounted solar energy systems is fully decommissioned as set forth herein. The form and amount of the security must be reviewed and approved by the Town Board in conjunction with the Town Engineer and the Town Attorney. The security must remain in effect until the small-scale ground-mounted solar energy system is removed. Review of the security by the Town Engineer and/or Town Attorney shall be paid from an escrow established by the applicant.

The decommissioning plan shall include a time frame for the completion of site restoration work. Additionally, the decommission plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

Restoration of the surface grade and soil after removal of equipment, as well as testing of the soils, if appropriate;

Removal of above ground and below-ground equipment, structures, and foundations; and

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

In the event that a solar energy system is not completed and functioning within 12 months of the issuance of the final site plan approval, the operator and/or owner of the solar energy system may request an additional extension of six months from the Pawling Planning Board to complete the solar energy system. The Pawling Planning Board can choose to grant the extension unconditionally, grant the extension with conditions, or deny the extension.

In the event that the solar energy system is not completed and functioning within 12 months of the issuance of the final site plan approval, unless an extension has been previously granted, the Town of Pawling may notify the operator and/or the owner to complete the construction and installation of the solar energy system within 180 days. If the owner and/or operator fails to perform, the Town of Pawling may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town of Pawling.

Upon cessation of activity of a constructed solar energy system for a period of one year, the Town of Pawling may notify the owner and/or operator of the solar energy system to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore the operation equal to 80% of the approved capacity or implement the decommissioning plan.

If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period, the Town of Pawling may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator, or from the performance bond or letter of credit. All unreimbursed or uncovered costs incurred by the Town of Pawling shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.

The owner and/or operator shall implement the decommissioning plan, and remove and dispose of all solar energy system components, in compliance with all applicable rules and regulations, including the regulations of the New York State Department of Environmental Conservation.

Large-scale solar energy systems. Large-scale solar energy systems, as defined previously in this section, are not permitted uses under the provisions of the Town of Pawling Code.

Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in the Town of Pawling Code, a fee for the removal of the stop-work order as set by Town Board resolution, as the same may from time to time be amended.

Payments in lieu of taxes. To the extent any real property with a solar energy system authorized hereunder is exempt from taxation by reason of the inclusion of such solar energy system under New York Real Property Tax Law § 487, the property owner must enter into a contract with the Town of Pawling for payments in lieu of taxes (hereinafter referred to as a "PILOT"), as set forth in RPTL § 487, Subdivision 9. The Pawling Town Board shall set the amount of such PILOT, upon recommendation of the Pawling Town Assessor. Said recommendation shall be based upon industry-recognized standards (e.g., the New York State Energy Research and Development Authority PILOT calculators). Under RPTL § 487, solar energy systems are not exempt from special district ad valorem taxes, which will be the responsibility of the property owner, in addition to any PILOT payments.

Ownership changes. If the owner and/or operator of the solar energy system changes or the owner of the property changes, site plan approval shall remain in effect, provided that the successor owner and/or operator assumes, in writing, all the obligations of the decommissioning plan. A new owner and/or operator of the solar energy system shall notify the Building Inspector/Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.

§ 215-39 Quarrying and mining.

Notwithstanding the following regulations, homeowners or property owners may conduct regrading, earthmoving, excavation and filling operations and may utilize gravel, stone or quarry where it is required as part of an approved subdivision plan or in connection with the construction of a building or driveway for which a permit has been duly issued or where it is required in connection with incidental landscaping or minor site improvements, such as the construction of walks, retaining walls, fences and so forth.

Written application requesting approval for any land filling, regrading or earth removal operations not permitted by right as described above shall be submitted to and subject to the approval of the Planning Board in accordance with special permit procedure, and notice shall be mailed by the applicant to the owners of all property within 1,000 feet of the defined excavation site. Each application shall be accompanied by the following information:

A topographic survey, prepared by a licensed engineer or surveyor, showing the existing contours of the property and the contours proposed to be established at the conclusion of the operation. Such map shall also show the location of all existing and proposed watercourses, water bodies and drainage systems.

A statement clearly detailing the nature and extent of such proposed operations, including the type and amount of material to be filled, regraded and removed, the manner in which it will be accomplished, the proposed hours of operation and a time schedule for the completion of the various states of the operation.

A proposed plan for the control of erosion and the minimization of siltation of the site.

Such other professionally prepared maps, plans, boring tests, feasibility studies, physical, geological and hydrological studies and other engineering data as may be required by the Planning Board in order to determine and provide for the proper enforcement of these regulations.

No permit shall be issued for an excavation covering an area of more than five acres.

No permit shall be issued for a period of more than three years, except that upon application and after the procedure has been reinitiated and completed, a permit may be issued for additional three-year periods or portions thereof.

[Amended 2-13-1979]

No permit shall be issued unless the applicant provides an acceptable plan of reclamation to be effected before the termination of operations. Such plan shall provide for the restoration of the premises through grading, seeding, sodding and other means to the end that the premises are left in a safe and attractive condition, including the replacement of all topsoil, the maintenance of all slopes (which slopes shall not exceed one foot vertically for each three feet horizontally, except where there is rock), the seeding and landscaping of all affected areas and an engineer's estimate of the cost of such restoration work.

A performance bond, in a form acceptable to the Town, shall be given to the Town Board at the time of the issuance of the special use permit, in an amount sufficient to ensure compliance with the requirements of this chapter.

In the operation of any quarry, sand or gravel pit, the following shall be observed:

No excavation, blasting or stockpiling of materials shall be located within 300 feet of any public road or other property line.

No power-activated sorting machinery shall be located within 600 feet of any public road or other property line, and all such machinery shall be equipped with State Department of Environmental Control-approved dust-elimination devices.

No excavation slope shall exceed 30%. All excavation slopes in excess of 15% shall be adequately fenced as determined by the Code Enforcement Officer.

Extension of a nonconforming quarrying operation shall not be permitted.

Major excavating, grading or filling as herein defined shall not be permitted except with the approval of the Planning Board.

No commercial extraction of natural resources shall be made within 300 feet of any road or property line.

No excavation below the grade of the road shall be made within 50 feet of the road right-of-way.

[Amended 2-13-1979]

Operations shall not be permitted below the water table. However, in the event that ponds are created during operations, care will be exercised that these do not become public nuisances. Insofar as it is possible, operations will not be permitted to disturb the natural drainage pattern of the area. However, if such does occur, the plan of reclamation shall provide for the restoration of the natural drainage pattern of the area. To assist the Planning Board in its deliberations, the applicant shall provide a topographic survey prepared by a licensed professional engineer or a licensed land surveyor showing the existing contours and the contours proposed to be established at the conclusion of the operation, such contours to be shown at two-foot intervals.

Existing quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this chapter shall be permitted to continue operations for a three-year period, after which said quarry, sand or gravel pit shall comply with the provisions of § 215-39C.

[Amended 2-13-1979]

Any use permitted under this section shall meet the standards of § 215-35, Performance standards.

§ 215-40 Sign regulations.

[Amended 2-13-1979; 9-10-1991 by L.L. No. 5-1991; 8-9-1994 by L.L. No. 1-1994; 3-10-1998 by L.L. No. 1-1998]

Intent. The purpose of these sign regulations is to promote, and protect the public health, safety and welfare by regulating the existing and proposed outdoor advertising and outdoor signs of all types. It is intended to enhance and protect the Town's physical appearance and provide a more scenic and pleasing community. More specifically, these regulations are designed to safeguard property values; create a more attractive economic and business climate; safeguard the general public by the elimination of advertising which distracts motorists and contributes to the hazards of driving; encourage the installation of appropriate advertising signs that harmonize with the buildings, neighborhood and other signs in the area; avoid unsightly proliferation and unnecessary competition for visual attention through advertising signs; and encourage the functional use of signs as directional, informational and advertising devices.

Planning Board approval required. No sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, cleared or altered, except in conformity with the provisions of this chapter and as expressly approved by the Planning Board.

Definitions.[1] As used in this section, the following terms shall have the meanings indicated:

BILLBOARD

A sign or structure which directs attention to any idea, product, business activity, service or entertainment which is off-premises from the place of business advertised, regardless of size, or one which is larger than the maximum allowed in this chapter.

FREESTANDING SIGN

Any sign supported by (an) upright(s) that is anchored in the ground and that is independent from any building or other structure.

PORTABLE SIGN

Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

SIGN

Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce or identify the purpose of a person or entity or to communicate information of any kind to public.

TEMPORARY SIGN

A sign intended for a limited period or display, including decorative displays for holidays or public demonstration.

WALL SIGN

A sign painted on or attached to an exterior wall surface of a building, no part of which extends more than 12 inches from the building.

WINDOW SIGN

Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Editor's Note: See also § 215-3, Definitions, of this chapter.

Application process.

A sign shall be considered a structure, and a sign permit shall be obtained for the erection, location or alteration of any and all permanent signs, except those permitted in Subsection G(2) and (3) of this section and excluding temporary signs.

Any application for a sign permit shall be made, in writing, to the Planning Board. An application for a sign permit can include more than one sign. Upon review, the Planning Board shall approve, approve with modifications or disapprove the sign permit application within 45 days of said application date.

All applications for sign permits shall contain or have attached the following information:

The name, address and telephone number of the applicant.

The principal business or businesses conducted on the property.

The location of the building, structure or lot to which or upon which the sign or other advertising device is to be attached or erected, including a statement showing the street or highway frontage, of such lot.

The location of the sign(s) on the property in relation to distance from public rights-of-way and adjoining owners.

A statement and description, including size, of all other signs located on the property.

The size of the sign or signs.

The height of the top of the sign structure(s) above ground level.

A description of the sign(s), including symbol, text, size of any lettering, material used, color of lettering or symbol and background.

The type, wattage and intensity of illumination, if any, to be used in connection with the sign(s).

A detailed drawing or blueprint showing a description of the construction details of the sign(s), the lettering and/or decorative elements composing the sign, position of lighting or other extraneous devices and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public roadway.

Other materials or facts deemed appropriate by the Planning Board.

The fees shall be as set by resolution of the Town Board.[2]

Editor's Note: Specific fee amounts are on file and available for inspection in the office of the Town Clerk.

General regulations for permanent signs applicable in all districts.

Materials. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, plastic, slate, marble or other material approved by the Planning Board. Wood will be generally encouraged so that a more uniform appearance is accomplished.

Measurement of sign area.

Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface.

For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the natural color or finish material of the building. The area to be considered shall be the smallest rectangle or other shape which encompasses all lettering and symbols.

The area of supporting framework (for example brackets, posts, etc.) shall not be included in the area if such framework is incidental to the display.

Shapes. Simple forms, such as rectangles, squares, ovals or circles are encouraged. All forms are subject to approval by the Planning Board.

Colors. The number of colors used in a sign should be limited to three unless used in all illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. Day-Glo colors are prohibited. The use of dark backgrounds with light-colored lettering shall generally be encouraged.

Lettering. Letters shall be carefully formed and properly spaced to be neat and uncluttered. Generally, no more than 60% of the total sign area shall be occupied by lettering. Any lettering, colors and decorative elements are subject to the approval of the Planning Board. The text on each sign is subject to approval by the Planning Board and is limited to:

The name of the owner of the property on which it is located;

The principal business or businesses conducted on the property; and/or

A brief indication of products or services available.

No sign shall have more than two faces.

No roof signs shall be erected, which shall include any area above the main cornice line of the building.

No billboards shall be allowed.

No sign shall be attached to any tree, fence or utility pole or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

No banners, balloons, flags, posters, pennants, ribbons, streamers, spinners or other moving, fluttering or revolving devices shall be allowed as permanent signs, either as part of a sign or when not part of a sign.

Signs shall not be constructed of letters or symbols formed of neon tubing. Strings of lights shall not be used for the purpose of advertising or attracting attention when not part of a sign.

Portable freestanding or A-type signs are not permitted as permanent signs.

No sign shall be located so as to obscure any signs displayed by public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

(14)

All signs must present a neat appearance and be maintained in a safe condition and shall not be permitted to become dilapidated.

(15)

Signs prohibited. Erection or maintenance of the following signs are not permitted:

Signs advertising activities that are illegal under state or federal laws or regulations in effect at the location of such signs or at the location of such activities.

Obsolete, abandoned or discontinued signs.

Signs that are not clean and in good repair.

Signs that are not securely affixed to a substantial structure.

Signs that attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device.

Signs which prevent the driver of a vehicle from having a clean and unobstructed view of official signs and approaching or merging traffic.

Signs which move or have animated or moving parts, except those giving public service information such as time, date, temperature, weather or similar information.

Signs erected or maintained upon trees or painted or drawn upon rocks or other natural features.

Signs that are not the subject of valid current permit, if one is required, under the provisions of this regulation.

Signs that are not consistent with the rules and regulations of this section.

Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the primary highway and which are of such intensity or brilliance as to cause glare or to impair vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

(l)

No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

(m)

Awning signs or canopy signs are prohibited.

(n)

Building signs should be compatible with any historical features and work well with the architectural treatment in terms of color, materials and location.

(16)

The sign must be located on the same premises as the activity or property advertised unless waived by the Planning Board.

Signs in nonresidence districts. In Highway Business, Planned Development and Industry Districts and in nonresidential sections of planned developments, signs may consist of the following:

A religious or institutional sign may be permitted not to exceed 12 square feet in area to be located no closer than 25 feet from a lot line.

A commercial enterprise, including a real estate development, subdivision, apartment complex permitted in each district shall be allowed no more than two signs, neither of which shall be larger than 12 square feet in total area. Such signs shall not be located nearer than 25 feet to any side lot line.

No sign shall be illuminated except as specifically approved by the Planning Board.

Freestanding signs. One freestanding sign per lot, not to exceed 50 square feet in area. Shopping centers are allowed one freestanding sign. A directory sign, if used, must be included in the 50 square feet but more than five listings are discouraged. A ground-based monument sign that is well integrated into the overall landscaping for the frontage is encouraged rather than a taller pole sign.

Wall sign. The total allowable wall sign area shall not exceed one square foot for each linear foot of the front wall of the building but not over 100 square feet. An additional wall identification sign is permitted at a secondary business entrance, not to exceed 12 square feet per business without any additional area to the sign area allowance.

Individual signs within shopping centers may be either wall signs or projecting signs, not to exceed three square feet.

One permitted sign may be illuminated with artificial light only, provided that such illumination shall not be twinkling, flashing, intermittent or changing degrees of intensity, except for time and temperature signs, and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located.

No sign may be located nearer than 25 feet to any paved road or lot line.

No sign shall be more than 14 feet above ground level, as measured from the top of the sign structure.

No sign shall be erected so as to face a side or rear lot line of any adjoining lot which is residential in nature or in a residential zone if such sign is within 50 feet of said lot.

Sign dimensions in hamlet areas shall be 1/2 of the highway business dimensions.

Glare. No person, firm or corporation shall permit any high-intensity light to cross the boundary line of the lot on which this light source is situated.

Signs in residential districts. No sign or other device, for advertising purpose of any kind may be erected or established in any residential district unless they conform to the following conditions:

All signs in residential areas shall be nonilluminated and shall be freestanding or wall signs.

One identification sign, stating the name and address of the resident, property or permitted accessory use, not exceeding two square feet in area shall be permitted. The sign shall be no closer than 10 feet from a paved road with a maximum height of three feet.

Not more than one "for sale" or "for rent" sign over six square feet in area shall be located no closer than 10 feet from a paved road.

Public entities, i.e., schools, churches, fire departments, etc., may construct signs in all zones, provided that the sign serves a community interest. Such signs shall be reviewed on a case-by-case basis as to materials, size, location, etc.

Community bulletin boards and/or information kiosks. Community bulletin boards and/or information kiosks may be erected subject to site plan approval. The height of letters or symbols on any notices attached to such community bulletin boards or information kiosks shall not exceed four inches.

Temporary/portable signs shall be permitted in accordance with the following requirements:

Provide written notification to the Town Planning Board prior to the erection of any sign. Design, color, sign material and time frames shall accompany said notification.

Window sign. The total area of window sign(s) shall not exceed 20% of the area of window nor more than four square feet. No more than one sign per window and two per business is permitted.

The maximum area of any such sign shall be 20 square feet.

The maximum height of a temporary portable sign shall be 10 feet.

Such signs shall be nonilluminated with the exception of window signs.

No more than three temporary signs/banners shall be permitted per establishment for any one calendar year. No more than two temporary signs/banners shall be allowed at one time. Such signs shall be removed after 30 days. However, signs advertising the sale or rental of the premises upon which said sign has been erected shall be permitted until there is an agreement of sale, lease or rental for the property.

No balloons with or without writing shall be permitted.

No portable reader board signs are permitted.

All signs shall be in conformance with the performance standards of this chapter.

Existing signs.

Every sign which is made nonconforming by this chapter shall be discontinued and removed or changed to conform to the standards of this chapter within a period of three years from the date of the adoption of this chapter.

Upon a change of the business and/or business ownership, all nonconforming signs shall be removed, changed or altered to conform to the provisions of this chapter within a period not to exceed 30 days. The Code Enforcement Officer may extend this period for another 30 days.

Removal of certain signs.

Any business sign existing on or after the effective date of this chapter which no longer denotes an existing business conducted or products sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code Enforcement Officer, upon determining that such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building in which said sign is located.

If the Code Enforcement Officer finds that any sign is unsafe or insecure or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected. Removal or repair of said sign, sign frame or supports shall be made within 30 days from the date of said notice. If said sign is not removed or repaired, the Code Enforcement Officer shall revoke the permit, if applicable, issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located.

Nonconforming temporary/portable signs shall be removed within 90 days of the effective date of this chapter.

All signs shall be erected and maintained as approved by the Planning Board.

All permits issued or deemed to be issued shall be subject to review and shall be revocable for cause at any time.

The Planning Board may, in its discretion, vary these requirements so as to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval.

§ 215-41 Storage of flammable liquids.

[Amended 8-9-1994 by L.L. No. 1-1994]

The storage of flammable liquids will be as required under the Uniform Fire Prevention and Building Code.

§ 215-42 Subdivisions.

Any real property owner who hereinafter plans to subdivide his property shall abide by the subdivision regulations of the Town Board, as adopted and amended.[1]

Editor's Note: See Ch. A230, Subdivision of Land.

§ 215-43 Swimming pools.

[Added 8-9-1994 by L.L. No. 1-1994]

No swimming pool shall be constructed, installed, used or maintained in any district except in accordance with the following provisions:

Definitions.

The word "shall" is always mandatory and not merely directory.

ABOVEGROUND SWIMMING POOL

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:

Any swimming pool located in or upon the ground which at no point is more than 18 inches below grade. An "aboveground swimming pool" is not a structure for purposes of this chapter.

IN-GROUND SWIMMING POOL

Any swimming pool located in or upon the ground which extends more than 18 inches below grade. An "in-ground swimming pool" is a structure for purposes of this chapter.

PRIVATE SWIMMING POOL

Any swimming pool constructed, installed or maintained as an accessory use on the same lot with a one- or two-family dwelling, intended solely for the private use of any occupant of such dwelling and such occupant's family and guests.

PUBLIC SWIMMING POOL

Any swimming pool which is not a "private swimming pool" as defined above.

SWIMMING POOL

Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a "swimming pool."

Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be enclosed by a durable wall, barrier or fence which shall be located not less than four feet from the furthest outside projection of the swimming pool and which shall be no more than six feet nor less than four feet in height above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 21/2 inches unless it is:

Emptied when not in use or unattended; or

Covered with a suitable strong, protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.

Every outdoor swimming pool having a depth of more than 18 inches or an area of more than 100 square feet, now existing or hereafter constructed, installed, established or maintained, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier.

All walls, fences or barriers shall be constructed in accordance with requirements of the New York State Uniform Fire Prevention and Building Code and in conformity with all sections of the Code of the Town of Pawling.

No wall, fence or barrier of any kind shall be constructed or maintained which shall contain projections at any point on its outer surface which present a substantial opportunity or risk of unauthorized access to the swimming pool. Stockade-type fences may be erected with either side facing out.

Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that the door of any dwelling which forms a part of the wall, fence or barrier need not be so equipped or locked.

No outdoor swimming pool shall be situated in the required front yard. No outdoor swimming pool shall be located less than 15 feet from any side or rear lot line. With respect to aboveground swimming pools, said distance shall be measured from the outer edge of any deck or platform attached to the wall of the pool.

Every aboveground swimming pool which employs the use of any electrical device in connection therewith shall be equipped with a ground fault interrupter approved by Underwriters' Laboratories, Inc. All electrical devices used in connection with such swimming pools must be approved by Underwriters' Laboratories, Inc.

Indoor swimming pools. Pool rooms shall be enclosed from the interiors of the house by a self-closing self-latching door. The pool room shall also be enclosed from the exterior grounds by such a door or, if a sliding door, it shall have a self-latching device.

Public swimming pools.

No work shall be commenced on the construction or installation of any public swimming pool, including excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the Dutchess County Health Department, the Code Enforcement Officer and the Town Engineer. The plans and specifications shall contain a certificate by a professional engineer licensed by the State of New York that the drainage of such swimming pool is adequate and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways.

§ 215-43.1 Telecommunications towers and facilities.

Every public swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Dutchess County Health Department.

During the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Code Enforcement Officer.

No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier as required by this section shall have first been erected.

In the event that an owner shall abandon any swimming pool, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Code Enforcement Officer when said restoration has been completed.

Construction may not commence on any in-ground swimming pool until a building permit has been obtained from the Code Enforcement Officer. An in-ground swimming pool shall not be used until a certificate of occupancy has been obtained from the Code Enforcement Officer.

The Board of Appeals may make modifications in individual cases, upon a showing of good cause, with respect to the requirements herein set forth, provided that the protection as sought hereunder is not reduced thereby.

No swimming pool shall be erected or located within 25 feet of those points on the ground which are directly beneath any overhead electrical transmission lines.

[Added 9-14-1999 by L.L. No. 2-1999]

Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Pawling; and to preserve the scenic, historic, natural and man-made character and appearance of the Town, while simultaneously providing standards for the safe provision, monitoring and removal of wireless telecommunications towers and facilities consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; to minimize adverse visual effects from telecommunications towers by requiring careful siting and configuration, visual impact, assessment and appropriate landscaping; to provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify telecommunications towers.

Compliance; permit requirements.

No telecommunications tower, except those approved prior to the effective date of this section, shall be constructed, maintained or used unless in conformity with this section. No telecommunications tower shall hereafter be erected, moved, reconstructed, expanded, changed or structurally altered unless in conformity with this section. The construction, maintenance, use, erection, movement, reconstruction, expansion, change or structural alteration of telecommunications towers shall be governed by this regulation, and all provisions of Chapter 215, Zoning, which are inconsistent with this section shall be superseded by the terms of this regulation.

New telecommunications tower construction within all zoning districts is subject to obtaining a special use permit from the Planning Board pursuant to Article VI. Such construction and collocation shall also comply with the requirements set forth in Subsections F through S below, as determined by the Planning Board as part of the special permit process.

New telecommunications tower construction or the location or collocation of communications equipment on an approved communications tower or tall structure within all zoning districts is subject to obtaining a special use permit from the Planning Board in accordance with the Schedule of Permitted Uses.[1] Such construction and collocation shall also comply with the requirements set forth in Article VI, as determined by the Planning Board as part of the special permit process.

Editor's Note: The Schedule of Permitted Uses is located at the end of this chapter.

Applications for construction of telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77, Subpart C, Obstruction Standards.

Pending applications. Applications to construct or collocate on a communications tower pending before any board of the Town at the time of adoption of this regulation shall continue to be processed to minimize delay and expense to the applicant as much as possible. Information already on file with the Planning Board shall be used to the extent applicable to satisfy submission requirements under this regulation. Any additional information required by this regulation shall be specified, upon request of the applicant, by the Planning Board within 45 days after request. All pending applications shall be decided under the provisions of this regulation. If a public hearing has already been held on the application, no further public hearing shall be required. If a public hearing has not been held, then a public hearing shall be held as required under the terms of this regulation.

Collocation of tall structures or communications towers.

At all times, shared use of tall structures and existing or approved communications towers in accordance with Subsection B(3) above shall be preferred to the construction of new telecommunications towers.

Applications pursuant to Subsection B(2) shall be made to the Planning Board and shall include the following:

A completed application for site plan/special use permit.

Documentation of consent from the owner of the existing facility to allow shared use.

A site plan in accordance with Article VI of this chapter. The site plan shall also show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.

An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure and explaining what modifications, if any, will be required in order to certify to the above.

A completed environmental assessment form (EAF) and a completed visual EAF addendum.

A copy of applicable Federal Communications Commissions licenses.

Site plan approval will be required from the Planning Board in accordance with Article VI. Such application will be subject to the terms and conditions specified in Subsections F through S below as part of the site plan review process. The Planning Board shall conduct a public hearing and process the application pursuant to this regulation, the New York State Environmental Quality Review Act and other applicable. laws. If the Board concludes that the application complies with this regulation, all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.

Collocation on an existing communications tower located on Quaker Hill or the WMJV radio tower location in Holmes shall be subject to the following requirements:

The applicant shall submit to the Town an inventory of all existing antennas affixed to the tower on which the applicant is seeking to collocate.

The inventory shall consist of a diagram of a scale not less than one inch equals 10 feet. The diagram shall show each existing antenna located at its correct height.

Each antenna shall be identified by owner, type of antenna and RF frequency of use.

Each applicant shall submit a site plan showing the correct location of the tower and all accessory structures, buildings or communications tower fixed attachments. This site plan shall identify the dimensions of each accessory structure, building or communications tower fixed attachment. The owner of each accessory structure, building or communications tower facility fixed attachment shall be identified on the plot plan, including the amount of available space within the structure, building or fixed attachment and whether or not the accessory structure, building or communications tower facility fixed attachment is currently in use.

New telecommunications towers pursuant to Subsection B(2) or (3).

The Planning Board may consider a request to locate a new telecommunications tower if the applicant:

Demonstrates that shared use of existing tall structures and existing or approved communications towers or communications tower sites is undesirable due to structural deficiencies;

Provides documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement; and

Provides documented evidence that the site will not work from a technological aspect or that the applicant's proposed location or collocation on the site would have an adverse impact on the surrounding area.

An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a three-mile radius of the proposed site. The site inventory shall include a map showing the exceed location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), ground elevation above sea level, height of the structure and/or tower and accessory buildings on the site of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requestments and responses for shared use shall be provided.

Report data.

Information establishing the present need for the proposed tower. Special permits are to be based on actual need and not on speculation of future needs.

RF signal coverage plots depicting the anticipated radio frequency coverage for the proposed site.

RF coverage plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.

The frequency spectrum (output frequency) to be used at the proposed site (cellular, personal communications systems, broadcast frequency, analog or digital, etc.). A copy of a current FCC license that authorizes the applicant to provide service is required.

The type, manufacturer and model number of the proposed tower.

The height of the proposed tower, including the height of any antenna structure above the supporting structure of the tower.

The number of proposed antennas, type, manufacturer, model number, dB gain, size and orientation on the proposed tower.

Such other information as may be deemed necessary by the Board so as to make a thorough evaluation of the applicant's proposal.

New towers; future shared use. Applicants shall design proposed new telecommunications towers to accommodate future demand for reception and transmitting facilities. Applications for new telecommunications towers shall include an agreement committing the owner of the proposed new telecommunications tower, and its successors in the interest, to negotiate in good faith for shared use of said tower by other providers of communications in the future. This agreements shall be filed with the Planning Department and Building Department prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of the special use permit. The agreement shall commit the telecommunications tower owner and lessee and its successors in the interest to:

Respond within 45 days to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the telecommunications tower by other providers of communications.

Allow shared use of the telecommunications tower if another provider of communications agrees in writing to pay reasonable charges. The charges may include but not be limited to a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate shared use without causing electromagnetic interference.

Site plan/special use permit review; submission requirements.

Site plan applications.

Applications to the Planning Board for site plan approval shall include a site plan in accordance with Article VI. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans and drainage plans for new facilities and roads.

Supporting documentation. The applicant shall submit a completed long-form EAF, a complete visual environmental assessment form (visual EAF addendum) and documentation on the proposed extent and capacity of use as well as supporting the need for the requested height of any tower and for any clearing required. The applicant. shall also submit a copy of its Federal Communications Commission (FCC) license.

Special use permit applications. Applications to the Planning Board for a special use permit shall be made in accordance with Article VI and shall include the following:

Where shared use of tall structures or existing or approved communications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new telecommunications tower on property occupied by an existing communications tower in accordance with Subsection D above. In such case, the Board may allow more than one tower on a lot. Any proposal for a new telecommunications tower on an existing communications tower site shall also be subject to the requirements of Subsections F through S.

The Planning Board may consider a new telecommunication tower on a site not previously developed with a telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection D above, and when the Planning Board determines, that shared use of an existing telecommunications tower site for a new telecommunications tower is undesirable based upon the investigation in accordance with Subsection (2)(a) above. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections F through S below.

The Planning Board may require an applicant to submit information and documentation indicating and identifying areas within the Town where communication coverage by the applicant remains unsatisfactory. Applicants may be required to provide sufficient information to the Town so as to clearly identify and describe the applicant's communications coverage master plan or siting and/or communication coverage plan.

The Planning Board may require the applicant to submit to the Town a qualified engineer's report regarding nonionizing electromagnetic radiation for the proposed site. Such report will provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. Additionally, the engineer's report will comply with FCC reporting criteria, as amended, for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report must indicate whether or not the proposed telecommunications tower will comply with FCC emission standards.

The Planning Board may require the applicant to perform emissions tests every six months and report the findings to the Building Inspector. The results of the emissions test shall be reported to the Building Inspector within 30 days of the test being completed. At the time of the emissions tests, a complete safety inspection of the telecommunications tower shall be conducted. The results of that safety inspection shall also be reported to the Planning Board within 30 days of its completion. The safety inspection shall consist of, but may not be limited to, an inspection of the condition of the tower, its supports, foundations, anchor bolts, coaxial cable, cable supports, ice shields, cable trays, guy wires and antennas affixed to the tower. Other aspects of the inspection shall include inspection for fire, electrical, natural and other man-made hazards that could pose a potential hazard to the telecommunications tower site or the surrounding area. Unsafe conditions shall be corrected immediately by the applicant.

Lot size and setbacks. Each proposed telecommunications tower and telecommunications facilities structure, in a residential zone, shall be located on a single lot and shall comply with applicable setback requirements. If a telecommunications tower and supporting equipment are to be erected in a residential zone, then it must be on its own individual lot. No other uses are allowed on the telecommunications tower individual lot. Adequate measures shall be taken to contain on site all ice falls or debris from tower failure and to preserve the privacy of any adjoining residential properties. Setbacks for a telecommunications tower are to be reviewed and approved by the Planning Board, with proper guidance by its professional consultant.

[Amended 10-12-2016 by L.L. No. 2-2016]

Each lot containing a telecommunications tower shall have the minimum area, shape and frontage requirements generally prevailing for the zoning district where located, in the Schedule of Bulk Regulations[2] of this chapter, and such additional land if necessary to meet the setback requirements of this section.

Editor's Note: The Schedule of Bulk Regulations is located at the end of this chapter.

Telecommunications towers shall comply with the following special setback requirements: The minimum setbacks for telecommunications towers from all lot lines (side, front, rear) is the height of the tower plus 50 feet.

Visual impact assessment.

The Planning Board shall review applications pursuant to applicable adopted standards and conditions.

The Planning Board may require the applicant to undertake a visual impact assessment which may include the following:

A "zone of visibility" map shall be provided in order to determine locations where the telecommunications tower may be seen.

Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to public and from any other locations where the telecommunications tower is visible to a large number of visitors, travelers or persons. The approving board shall determine the appropriate key sites at a presubmission conference with the applicant.

Assessment of alternative telecommunications tower designs and color schemes, as described in Subsection I.

Assessment of the visual impact of the telecommunications tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

New tower design and height.

Alternative designs shall be considered for new telecommunications towers, including lattice and single pole structures.

The design of a proposed new telecommunications tower shall comply with the following:

Any new telecommunications tower shall be designed to accommodate future shared use by other providers of communications.

Unless specifically required by other regulations, a telecommunications tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

The maximum height of a telecommunications tower in all zoning districts shall not exceed a height of 180 feet above ground elevation.

Notwithstanding the height restrictions listed elsewhere this chapter, the maximum height of any new telecommunications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, unless required by federal law and/or regulation.

The Planning Board may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, shall be the responsibility of the applicant and shall be deposited with the Town in the manner provided in Chapter 95, § 95-1.

Accessory structures.

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. The use of "camouflage" communications towers may be required by the Planning Board to further blend the communications tower and/or its accessory structures into the natural surroundings. "Camouflage" is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures or other similar structures.

Accessory structures shall be designed to be architecturally similar and compatible with each other and shall be no more than 12 feet high. The buildings shall be used only for housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to a company name, phone numbers, banners and streamers, except the following: A sign of no greater than two square feet indicating the name of the facility owner(s) and twenty-four-hour emergency telephone shall be posted adjacent to any entry gate. In addition, "No Trespassing" or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town.[3]

Editor's Note: See § 215-40, Sign regulations.

Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridge line, as seen from public ways.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this section prior to the approval of the special use permit.

Screening.

Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas.

Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Planning Board.

The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners and emergency power generators. Telecommunications towers shall comply with all applicable sections of the Town Zoning Code as it pertains to noise control and abatement.

Lighting. Telecommunications towers shall not be lighted except where FAA/FCC-required lighting of the telecommunications tower is necessary. No exterior lighting shall spill from the site in an unnecessary manner.

Access. Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of telecommunications providers that might use the facility.

Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces, but in no case shall the number of parking spaces be less than two spaces.

Fencing. The telecommunications tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board. This requirement may be waived by the Planning Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal.

Telecommunications towers and telecommunications facilities shall be dismantled and removed by the applicant or the owner of the subject premises when they are no longer used or needed for their original purpose.

All applications for approval of new telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower.

Agreement.

No approvals shall be given under this section until all owners of the subject premises give the Town of Pawling, in a form suitable to the Town Attorney, a recordable instrument:

Running with the land;

Granting the Town of Pawling the right to enter upon the premises to dismantle and to remove the tower or facilities in the event of the owners' failure to comply, within three months, with the lawful written directive to do so by the Zoning Administrator; and

Giving the Town the right, after fair notice and the opportunity to be heard before the Town Board to the owner(s) of the premises, to charge the actual costs associated with disassembly or demolition, and of removal, including any necessary and reasonable engineering or attorneys' fees incurred to carry out its rights hereunder, by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Pawling, to be levied and collected in the same manner and at the same time as Town-assessed real property taxes.

The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of seeking an injunction from a court of competent jurisdiction to compel removal or seeking judgment to recover the costs, together with reasonable and necessary engineering and attorney's fees, of dismantling and removal by the Town.

§ 215-44.1 Short-term rental regulations.

The Town may secure removal of towers or facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of dismantling and removal.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate consideration of an existing tall structure or existing telecommunications tower in a neighboring municipality for shared use, and to assist in the continued development of the county emergency service communications system, the Planning Board shall require that an applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Pawling and the Director of the Office of Emergency Management of Dutchess County. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to height of the tower and capacity for future use.

Notification of nearby landowners. Notice of any public hearing shall be mailed by the Town of Pawling directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new telecommunications tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower, would be visible if constructed by the applicant. The cost of the public hearing notice mailing will be charged against the applicant's escrow account.

Proof of insurance. The applicant and the owner of the property where the communications tower is to be located shall provide the Town Clerk with proof of liability insurance in the amount not less than, $3,000,000 to cover potential personal injury and property damage associated with construction and operation, with the Town named as an additional insured.

§ 215-44 Temporary permits.

Agriculture, roadside market. Upon the approval of the Code Enforcement Officer, a seasonal temporary permit may be granted to a farmer in a residential district for a temporary or portable covered roadside stand, booth or shed for the retail sale of farm produce or home industry products, at least half of which shall have been produced on the premises, and the remainder which is offered for sale shall have been made or produced within the Town of Pawling.

Carnivals, etc. Nothing in these regulations shall prevent a church, school, civic association or similar nonprofit organization from holding a fair, carnival, circus, horse show or similar event for a period not exceeding 14 days upon its premises, the profit of which is for the sole benefit of said applicant. Upon request, the Town Clerk may issue a permit to such organization located in the Town of Pawling to hold such an event upon premises other than those of the applicant.

[Added 2-12-2020 by L.L. No. 1-2020]

Intent. To guide the future growth of the Town, while preserving the rural character of the neighborhood, protect the health, safety and welfare of surrounding community, residents of the Town, and the short-term rental transient occupants. Promote a beneficial way for property owners to monetize extra space in exchange for rental income to offset expense, maintain properties aesthetics and values within a neighborhood.

Permit required. An owner shall obtain a revocable short-term rental permit whenever a dwelling unit, apartment within a dwelling unit, or any bedroom within a dwelling unit, is to be used for short-term rental purposes.

A short-term rental permit shall be obtained prior to using the unit as a short-term rental.

A short-term rental permit shall be valid for one calendar year and must be renewed upon expiration as long as the unit is used as a short-term rental.

The short-term rental permit is transferrable to a new owner of said premises, so long as the owner registers with the Town updating the short-term rental permit application, and agree in writing to comply with the requirements of the short-term rental permit and these regulations.

If the terms of the short-term rental permit are violated or these regulations not followed, the short-term rental permit may be revoked by the Building Inspector subject to the penalties of Chapter 11 of the Code of Pawling, and the penalties set forth below.

Owners of existing short-term rentals must file for a permit within six months of the effective date of this chapter in order to be in conformity with the local law.

Notification to neighbors:

As a condition precedent to submitting an application for a short-term rental permit, the applicant must send written notification to all property owners within the following radius of the subject property of the applicant's intent to apply for a short-term rental permit, by certified mail, return receipt requested:

If a subject property is located partially or wholly within a commercial zoning district, the Highway Business, or CD-5 Zoning District, a radius of 500 feet;

If a subject property is located partially or wholly within the R-3 or R-4 Zoning District, a radius of 300 feet; or

If a subject property is located partially or wholly within the R-1 or R-2 Zoning District, a radius of 150 feet.

The applicant shall obtain the most current addresses for the neighboring property owner's from the assessor's office. Such notice must include:

The number of rooms that the applicant intends to rent on a short-term basis. If the application is for the entire house, then the notice shall include the number of bedrooms, as defined below, within the house.

The names and contact information for all property owners of the short-term rental, including current telephone number and email addresses.

The name, address, telephone number and email address of a contact person, who shall be responsible and authorized to act on the owner's behalf to promptly remedy any violation of these standards or the permit. The contact person may be the owner or an agent designated by the owner to serve as a contact person.

The parking plan for the short-term rental.

With the application the applicant must provide a notarized affidavit affirming that the certified mailings have been sent, a list of the property owners within the specified distances and copies of any and all receipts and return receipts.

Short-term rental permit application requirements. An application for (or renewal of) a short-term rental permit signed by all persons and entities having ownership interest in the subject property, shall be submitted to the Building Inspector, shall be accompanied by payment of a permit fee, to be determined by the Town Board by separate resolution, shall by a copy of the current vesting deed showing how title to the subject property is then held, shall be completed on a form provided by the Town, and shall provide the following information:

A list of all property owners of the short-term rental, including names, addresses, telephone numbers and email addresses.

Completion of a signed and notarized affidavit by all property owners certifying the following:

Compliance with the following standards:

There shall be one functioning smoke detector in each sleeping room and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher in the kitchen and at each exit, and at least one carbon monoxide detector. In addition, the premises must comply with all NYS Building and Fire Code regulations, as the same may be amended.

Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.

Electrical systems shall be serviceable with no visual defects or unsafe conditions.

All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented and properly installed.

Each sleeping room shall have an exterior exit that opens directly to the outside, or an emergency escape or rescue window.

The number of sleeping rooms within one short-term rental, as defined in this section.

The number of parking spaces on the property that meet the standards set forth below.

Affidavit certifications shall be valid during the term of the short-term rental permit, or until modifications requiring a building permit are made. If relevant circumstances on the property change or for any reason the certification is or becomes inaccurate, a new certification shall be submitted.

Affidavit pursuant to Chapter 67 of the Town Code, entitled "Application Processing" certifying that there are no violations on the property.

A detailed plan, drawn to scale, showing the location of buildings, required parking and, if not served by a public sewer, the location of the septic system and leach field. An accurate, suitable plan need not be prepared by a professional.

If the property is served by a private septic system, a septic inspection report, dated within 90 days of the date of the application, stating the size of the tank(s) and leach or absorption field or area and location and condition of all septic system components. The Building Inspector has the discretion to accept a report of a septic company. The report must state the septic system was adequately functioning at the time of inspection. The maximum occupancy of the short-term rental unit shall be limited by the number of bedrooms allowed for the size of the septic tank and leach or absorption area, as set forth in the regulations of the NYS Department of Health, Appendix 75-A of Part 75 of Title 10 of the New York Code of Rules and Regulations, as amended, and regulations and/or standards applicable to aerobic septic systems. A system failure will require a new passing inspection report.

A statement that the applicant has met and will continue to comply with the standards of these regulations and the permit.

Short-term rental standards. All short-term rentals shall meet the following standards:

The maximum occupancy for each short-term rental shall be the smaller of:

Twenty individuals; or

The maximum number of people allowed based on the septic inspection report, if applicable; or

The number of people calculated on the basis of two persons per sleeping room (unless the room size is below 100 square feet). For this purpose, a sleeping room is defined as a fully enclosed habitable space of at least 70 square feet for one person and 100 square feet for two persons, with an emergency escape or rescue opening.

The property must have sufficient off street parking spaces in compliance with the requirements of § 215-34, Off-street parking and loading, of this chapter, to accommodate the maximum occupancy.

Tenants and guests shall park in the off street parking spaces required by § 215-34 of the Town Code and shall not park on the street.

A house number visible from the street or road shall be maintained.

Provisions shall be made for garbage removal during rental periods. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling of odors, and placed where they are not clearly visible from the street or road except around pick-up time.

Advertisements for the short-term rental must conform to what is allowed under these regulations and the short-term rental permit. All signs must comply with any and all requirements of the Town of Pawling Town Code.

No short-term rental shall be used for a special event as defined in Town Code § 215-44.2 without first applying for and obtaining a special event permit consistent with the provisions of said chapter.

Procedure upon filing application.

Upon filing the complete permit application, fee, and supporting affidavits with the Town Building Inspector, the Town Building Inspector shall have 30 days to review the application, inspect the property, and then either issue the permit, with or without conditions, or notify the applicant in writing that the application has been denied along with the reason or reasons for denial. If a permit is issued, the permit shall bear the signature of the Building Inspector.

In submitting the application for a new permit or any renewal, the owner consents to an inspection of the property to ensure compliance with all conditions.

In issuing a short-term rental permit, the Building Inspector may impose such reasonable conditions and restrictions as are directly related to and incidental to the use of the property for short-term rentals so long as such conditions and restrictions are consistent with the requirements of the Town Code and are imposed for the purpose of minimizing any adverse impact the issuance of the short-term rental permit may have on the neighborhood or community. The Building Inspector may review any written complaints or concerns of neighbors and take such complaints and concerns into account when determining reasonable conditions.

The Town Building Inspector may deny an application for any of the following reasons:

The application is incomplete, the documentation required by this chapter was not included with the application or the full permit fee, in payment form acceptable to the Building Department, was not included with the application.

The Town of Pawling issued a short-term rental permit to any of the owners of the subject property and any of such owners had a short-term rental permit revoked within the previous year.

The affidavit from the owners or an inspection conducted by the Building Inspector as authorized in this section evidences that the subject property is not in compliance with this chapter or Chapter 67.

The detailed plan submitted with the application does not comply with the requirements of this section.

A private septic inspection report submitted with the application does not comply with the requirements of this section and with all East of Hudson requirements for maintenance of such septic systems as the same may be amended from time to time.

Short-term rental permits issued pursuant to this section shall state the following:

The names, addresses and phone numbers of every person or entity that has an ownership interest in the short-term rental property and of a primary contact person who shall be available during the entire time the short-term rental property is being rented;

The maximum occupancy and vehicle limits for the short-term rental unit;

Identification of the number and location of parking spaces available;

A statement that littering is illegal;

A statement that all outdoor fires must be attended;

A statement that guests must comply with the noise ordinance of the Town of Pawling, as set forth in § 215-35, which ordinance will be enforced by any law enforcement agency properly exercising jurisdiction over the premises or incident;

A statement that the short-term rental permit may be revoked for violations; and

Any conditions imposed by the Town Building Inspector.

Conformity and display of permit.

The issuance of a short-term rental permit is subject to continued compliance with the requirements of these regulations.

Prior to any tenants coming onto the short-term rental property:

The current short-term rental permit shall be prominently displayed inside and near the front entrance of the short-term rental; and

The owners must ensure that current and accurate information is provided to the Town Building Inspector and that they notify the Building Inspector immediately upon any information contained on the permit changing.

Compliance, hearings and penalties. Owners of short-term rental units shall obey all applicable laws, ordinances and regulations of the Town of Pawling, Dutchess County, New York State and shall be subject to the enforcement and penalty proceedings contained in this chapter. The following process shall be followed in the event of a complaint alleging a violation of these regulations or a permit issued under these regulations:

The complaining party must file a complaint with the Building Inspector on a form provided by the Building Department including the date, time and nature of the alleged violation. The complaining party may also contact the local police/sheriff department. A copy of the complaint must be provided to the Building Department.

The Town Building Inspector shall investigate the complaint. Any person who commits or permits any act in violation of any provisions of this chapter shall be deemed to have violated this chapter and to have committed a misdemeanor against the chapter and shall be liable to the following penalties, following prosecution consistent with the laws of the State of New York:

For each violation of the provisions of this chapter, the person violating the same shall be subject to a fine of not more than $500 nor less than $100 or imprisonment not to exceed one year, or to both such fine and imprisonment.

In addition to finding a violation, the Building Inspector may do any of the following depending on the circumstances:

Attach reasonable conditions to the existing short-term rental permit;

Suspend the short-term rental permit; and/or

Revoke the short-term rental permit.

Should a permit be revoked, none of the owners of the short-term rental property will be permitted to apply for any short-term rental permit for one year from the date of revocation.

The Town may initiate enforcement proceedings under this chapter at any time following receipt of a complaint.

In addition to the above-provided penalties, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.

§ 215-44.2 Special events.

[Added 2-12-2020 by L.L. No. 2-2020]

General provisions.

Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Pawling to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein.

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

PARKING CAPACITY

For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Pawling Planning Board.

SPECIAL EVENT

Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following:

The closing of a public street.

The use, blocking or restriction of Town property, roads or rights-of-way.

The use of amplified sound exceeding the standards set forth in Chapter 215, § 215-35, Performance standards of the Code of the Town of Pawling.

The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business.

The sale or service of food to the public with the exception of the following:

On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or

On land used in agricultural production that maintains a winery, brewery, or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils.

The substantial increase or disruption of the normal flow of traffic on any street or highway.

The placement of portable toilets.

The placement of temporary no-parking or directional signs or banners.

The use of Town services that would not be necessary in the absence of such an event.

Permit required and procedure.

Permit required.

To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Pawling, special events shall be prohibited in the Town of Pawling unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows:

All special events shall require the issuance of a special event permit.

The provisions of this chapter shall not apply to the following events:

Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event;

Any event held on property owned by a not-for-profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; and

Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited.

If, however, the attendance at the events described in Subsection B(1)(b) are expected to meet or exceed 500, including, without limitation, organizers, employees, vendors, exhibitors and spectators/participants, the owner or event sponsor must confirm with the Building Inspector at least 60 days prior to such event that all local, state, and federal laws, rules and regulations are complied with.

Notification to neighbors.

As a condition precedent to submitting an application for any special event where the expected attendance exceeds 125 people, the applicant must send written notification to all property owners within the following radius of the property where the event will be held of the applicant's intent to apply for a special event permit, by certified mail, return receipt requested:

If a subject property is located partially or wholly within a commercial zoning district, the Highway Business, or CD-5 District, a radius of 500 feet;

If a subject property is located partially or wholly within the R-3 or R-4 Zoning District, a radius of 300 feet; or

If a subject property is located partially or wholly within the R-1 or R-2 Zoning District; a radius of 150 feet.

The applicant shall obtain the most current addresses for the neighboring property owners from the assessor's office. Such notice must include:

The location, date and expected attendance at the event;

A statement whether this is a one-time event or an application for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope, and if a series, the dates of each event;

The names and contact information for all property owners and the party hosting the event, including telephone numbers and email addresses; and

A copy of the parking/event plan as detailed in Subsection B(3)(d), below.

Application requirements. The following information and materials are to be submitted with an application for a special event permit. A single application may be made for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope.

A completed special event application form which includes the following information:

The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials.

The address of the event location.

The proposed dates and hours of the special event, including setup and shutdown times.

The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants.

Expected number of automobiles and other vehicles intended to use the property at one time and collectively.

The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health.

The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed.

The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department.

Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact.

The applicant must provide a certificate of general liability insurance and declarations page from the policy naming the Town of Pawling as an additional insured with limits of $2,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees.

Affidavit pursuant to Chapter 67 of the Town Code, entitled "Application Processing" certifying that there are no violations on the property.

The appropriate application fees.

The fees for special event permits shall be proscribed by a resolution of the Town Board.

A general description of the proposed event, including:

The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any.

The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event.

A parking/event plan showing:

The size of the property and its location in relation to abutting streets or highways.

The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event.

The location of the stage or tents, if any.

The designated areas of use for spectators, exhibitors, vendors, employees and organizers.

The location of all exits.

The location of all fire extinguishers and other fire safety equipment. A statement specifying the precautions to be utilized for fire protection, including a plan or drawing, to scale, specifying the location of fire lanes and water supply for fire control.

The location of all temporary utilities to be installed for the event, if any.

The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 10 feet by 20 feet per car, as per the code of the Town of Pawling.

A traffic control plan for vehicles entering and leaving the site for the proposed event.

A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. A statement of the maximum noise decibels contemplated at the special event at the site of the nearest adjoining or contiguous property.

A description of emergency access and facilities related to the event. A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.

Provisions to dispose of any garbage, trash, rubbish or other refuse.

The location and a description of any additional lighting to be utilized in conjunction with the event. No off-site lighting is allowed onto any adjoining property.

[14]

The location of sanitary facilities on site.

[15]

The location, method and manner that water will be supplied and distributed to those in attendance.

A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. All signage must comply with all requirements of the Town of Pawling Town Code.

A minimum cleanup deposit of $250.

The Building Inspector may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Pawling assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event.

Notwithstanding the foregoing, the Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in § 214-44.2B(4)(c)[1] through [15] or for the protection of health, safety and welfare. The Town Board's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest.

Application review procedure and standards.

All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Town Building Department.

Upon receipt of an application, the Building Inspector shall review the application, in conjunction with the Town Fire Marshall, and make a determination as to completeness. Upon making a determination that the application is complete, the Building Inspector shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in § 215-44.2B(3)(e) of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Board of Appeals, the Dutchess County Planning and Development, the Land Preservation Department, the Code Enforcement Department, the Fire Marshal, the Assessors' Office and/or the Town Attorney.

Upon receipt of comments, the Building Inspector shall review the complete application and determine whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Building Inspector shall consider the following:

The size and capacity of the site to accommodate the proposed event.

The facilities available.

The availability of highways and other means of transportation to and from the site.

The impact of the event on the safe and orderly movement of traffic within and contiguous to the event.

The need for security/law enforcement at the event.

The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general.

The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event.

Whether the owner, applicant or event sponsor has violated a previously issued special event permit.

Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals.

Verification that the granting of the permit will not violate any existing covenants or easements on the property.

Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection B(4)(c)[4] through [8] above.

Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review.

If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application.

[14]

Any other matters that relate to the health, safety and welfare of the general public.

[15]

At any event where attendance is expected to exceed 500, including, without limitation, organizers, employees, vendors, exhibitors and spectators/participants, the Building Inspector shall ensure that all local, state and federal law, rule and regulation is complied with.

A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police/sheriffs and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant.

Where the Building Inspector determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the special event.

A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued.

The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection.

Applications for tent permits required for any event must be submitted directly to the Building Department.

At the sole discretion of the Building Inspector, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paying a late processing fee.

Appeal from denial of a special event permit. An applicant who is denied a permit by the Building Inspector may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination of the Building Inspector's prior decision subject to any conditions deemed appropriate under the circumstances.

Special events requiring Town Board approval.

Events held on Town lands or events exceeding 1,000 attendees.

Any event held on property owned or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board. All applications for such an event shall be submitted to the Building Inspector no less than 60 days prior to the proposed event. After review of the application, the Building Inspector shall forward the application to the Town Board with a recommendation to grant the application, deny the application, or grant the application with conditions. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth in § 215-44.2B(3)(c) above:

The size of the premises in relation to the number of people attending the event.

The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse.

The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area.

Conflicts with ordinary public use of the land, roads or facilities involved.

Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years.

Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day.

If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within 1/2-mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following:

Whether the event is recurring.

Whether the site has been subject to a violation within the last three years.

[c]

The date the permit application was submitted.

[d]

If events occurred the prior calendar year, the Town Board shall consider what their impact was on that area of the Town.

[e]

Whether the event will yield a donation to one or more local charities.

For any special event that is to be held on land owned, leased or controlled by the Town of Pawling, the application shall include the following:

A completed special event application form which contains the following information:

The name, mailing address, email address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials.

The proposed event location and type of event.

[c]

The proposed dates and hours of the special event, including setup and shutdown times.

[d]

The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants.

[e]

If there are any special requirements needed for the event, including, but not limited to, police presence or road closures.

An application fee as set by the Town Board by separate resolution.

A certificate of insurance and declarations page of each policy for not less than $2,000,000, naming the Town of Pawling as an additional insured.

A minimum cleanup deposit of $250.

Where the Town determines that there is a specific benefit for the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant.

Any additional information, licensing and permits required by the Town Clerk and/or Building Department.

The Town Board may require the applicant to engage the services of licensed security guards for the event. In such case, the applicant must provide the Town Board with a copy of the contract to provide security evidencing that the guards are licensed.

For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under § 215.44.2B(3)(a), (c), (d) and (e), as well as the following:

An application fee of as set by the Town Board by separate resolution.

A certificate of insurance and declarations page from each policy of not less than $2,000,000, naming the Town of Pawling as an additional insured.

The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Pawling assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event.

Notwithstanding the foregoing, the Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests.

Enforcement.

Modification or rescission of permit. If, after a permit is issued, the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions.

Penalties for offenses.

It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Police/Sheriff Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code.

For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Police/Sheriff Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Police/Sheriff Department shall be a misdemeanor and shall be subject to the following:

Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $1,000 and not more than $3,000.

Failure to comply with any terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $1,000 and not more than $3,000.

For each subsequent offense of § 215.44.2D(2)(b)[1] or [2], violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $3,000 nor more than $5,000.

No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter.