Town of Beekman, NY Article V Supplemental Regulations

§ 155-25 Accessory apartments.

A. A special use permit is required to create a single apartment within a single-family dwelling, subject to the following provisions:

(1) Only one apartment is allowed, and it shall be clearly subordinate and not more than 35% of the one-family dwelling.

(2) The number of bedrooms in the apartment shall not be more than one.

(3) The floor area of the apartment shall be greater than 400 square feet and less than 800 square feet.

(4) The floor area devoted to the apartment shall not exceed 35% of the livable floor area of the entire dwelling.

(5) The apartment and single-family dwelling must have safe and proper means of entrance. Entrance to the accessory apartment shall be from the side or rear of the structure.

(6) The applicant shall have a licensed professional engineer attest that the water supply and sewage disposal system are adequate for the two units prior to Planning Board approval. Failure to correct promptly any water quality problems shall result in revocation of the special use permit.

(7) Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either sidewall. In no instance shall an exterior stairway or fire escape be located on any wall fronting on a street.

(8) Off-street parking shall be in accordance with § 155-56 of this chapter and shall be on the parcel on which the accessory apartment is located.

(9) Any legally established apartment within a one-family dwelling that is in existence at the time of the adoption of this chapter shall not be subject to the provisions outlined above.

(10) Continued compliance with all of these regulations is required. Failure to do so will result in a revocation of the special use permit.

(11) The owner of the single-family lot upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his primary residence.

(a) The special use permit shall be issued to the owner of the property and shall include a consent to allow periodic yearly inspections upon reasonable notice to the homeowner. Should there be a change in ownership or a change in residence of the owner, the special use permit and the certificate of occupancy for the accessory apartment shall become null and void in 90 days. Thereafter, should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within 90 days of the change in ownership, he shall receive from the Planning Board a special use permit.

(b) The special use permit shall be valid for a period of three years. At the end of such period, the owner-applicant shall request the Zoning Administrator to renew the permit, or the owner shall notify the Zoning Administrator of his intent to discontinue the permit in accordance with the applicable time periods established in § 155-25A. The Zoning Administrator shall renew the permit if all conditions of the original permit are still satisfied; otherwise the Zoning Administrator shall not renew the permit, and the time periods established in § 155-25A(12) for discontinuing the accessory apartment shall apply.

(12) The property on which the accessory apartment is to be located shall be in conformance with all applicable sections of the zoning provisions of the Town of Beekman Code. Any and all violations of the zoning provisions shall be eliminated prior to consideration by the Planning Board for the special use permit with the following exception: The Planning Board may consider an application which seeks to legalize an existing illegal apartment, provided that there are no additional existing violations.

(13) An accessory apartment may only be created where the principal and accessory units are within the same structure. No detached accessory apartments are permitted.

(14) In making its determination on the special use permit, the Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed accessory apartment, including the exterior appearance of buildings as single-family dwellings and the amount of traffic and parking conditions in the neighborhood.

(15) The applicant must comply with all provisions of § 155-60 of the zoning provisions, which outlines the requirements for issuance of a special use permit.

B. A special use permit is required to create an apartment that requires an addition to a one-family dwelling. If an addition is requested, it must comply with the following:

(1) All bulk regulations and coverage limitations must be met.

(2) Design and construction of the addition must be compatible with the parent structure.

(3) The addition must conform to the criteria above in Subsection A of this section.

C. A special use permit is required to create an "elderly cottage housing opportunity (ECHO)" unit, a temporary, modular, detached, accessory dwelling for elderly relatives of occupants of the principal single-family dwelling. Each ECHO unit shall contain its own cooking, sanitary and sleeping facilities, accessory and incidental to the principal single-family dwelling.

[Amended 1-7-2015 by L.L. No. 1-2015]

(1) General requirements.

(a) ECHO units are permitted by special use permit in the R-135, R-90, R-45 and PH Zoning Districts in accordance with this section and all other applicable sections of this chapter.

(b) Only one ECHO unit per lot shall be permitted. No special use permit for an ECHO unit shall be issued for a lot where the principal dwelling is other than single-family dwelling, or where a special use permit for an accessory apartment is in force.

(c) The number of occupants in the ECHO unit shall be limited to two. At least one resident of the ECHO unit shall be infirm or handicapped, and over 60 years of age, and at least one resident shall be related by blood, marriage or adoption to the owner of the principal single-family dwelling. A physician's certification shall verify the need of the occupant for living assistance, except that residents 75 years of age and older do not require said physician's certification.

(d) At least one of the owners of the principal single-family dwelling must live in one of the dwelling units on the lot.

(e) The unit shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.

(f) An ECHO unit may only be sited on a lot which complies with the minimum lot area requirements of the zoning district.

(g) The design of the unit shall be compatible with the principal single-family dwelling on the lot and the surrounding neighborhood. The Planning Board may require additional screening, if appropriate.

(h) The height of the unit shall not exceed 15 feet nor shall it exceed the height of the principal single-family dwelling.

(i) The minimum floor area of the unit shall be 400 square feet and the maximum floor areas shall not exceed 800 square feet.

(j) Maximum lot coverage by buildings may be increased to 7%, 9%, and 12% for the R-135, R-90, and R-45 Zoning Districts, respectively. Maximum lot coverage by buildings may be increased to 58% in the PH Zoning District where public water and sewer serves the lot, and 17% in the PH Zoning District where no public water or sewer serve the site.

(k) The ECHO unit shall comply with all front, side and rear yard requirements for a principal dwelling within the zoning district and shall be located no closer to any front property line than the principal single-family dwelling on the lot or on the directly adjacent lot.

(l) In addition to the parking required for the principal single-family dwelling, one parking space for the ECHO unit is required, except that the requirement may be waived by the Planning Board if the inhabitant(s) of the ECHO unit does/do not own a motor vehicle.

(m) The underportion of the ECHO unit shall be properly enclosed within 30 days of installation.

(n) The ECHO unit shall be constructed so as to be easily removable. The foundation should be of such construction as to provide adequate structural stability while also being capable of easily restoring the lot to its original use and appearance after removal. No permanent fencing, walls or other structures shall be installed that will hinder removal of the ECHO unit from the lot.

(o) If the water supply is from a private source, the applicant's professional engineer shall certify that the water supply is potable and of adequate flow. No special use permit shall be granted in any case where the Dutchess County Department of Health has determined that the water system is not capable of handling the additional demand the ECHO unit would impose on it.

(p) If sewage disposal is from a private source, the applicant's professional engineer shall certify that the sewage disposal system is adequate to serve the additional flow generated by the ECHO unit, or provide design and proof of Health Department approval of an upgraded sewage disposal system. No special use permit shall be granted in any case where the Dutchess County Department of Health has determined that the sewage disposal system is not capable of handling the additional demand the ECHO unit would impose on it.

(q) A unit shall provide ADA accessibility as required.

(r) Waiver of requirements. The Planning Board may waive the requirements of this chapter if so warranted by the specific characteristics of the particular structures and lot and circumstances of the case, upon showing that the waiver will not negatively affect public health, safety or welfare and that the waiver will be in harmony with and promote the general purpose of this chapter.

(2) Application process.

(a) Application for a special permit for an ECHO unit shall be made to the Planning Board in accordance with the standards and procedures set forth in § 155-60 of this chapter. The following additional materials shall be submitted to support the application:

[1] The names of all owners of record of the lot and ECHO unit. If neither the occupants of the principal dwelling or the occupant(s) of the ECHO unit own the ECHO unit, the lease or other agreement with the owner of the ECHO unit.

[2] The name(s) of the proposed occupants of the ECHO unit.

[3] The relationship between the occupants of the principal single-family dwelling and the occupant(s) of the ECHO unit.

[4] A floor plan of the ECHO unit, including the square footage (may be the manufacturer's or builder's brochure).

[5] The plan for removal of the ECHO unit at the time the special use permit terminates.

[6] Evidence from the Building Inspector that a municipal search has been performed and that any and all identified violations have been remediated to his/her satisfaction.

(b) Standards for approval in addition to those set forth in § 155-60 of this chapter. The Planning Board shall consider:

[1] Whether the use will be in harmony with and promote the general purpose and intent of this chapter.

[2] Whether the lot is sufficient, appropriate and adequate for the use.

(c) Special use permit conditions. In addition to any conditions set forth by the Planning Board, the following conditions apply to all special use permits for ECHO units:

[1] To ensure the removal of the unit once the qualifying occupant(s) no longer reside in the unit, a performance bond in the amount of $15,000 shall be posted for a structure with a permanent foundation, and $10,000 for a structure with a semi-permanent foundations.

[2] The property owner shall provide an annual report to the Zoning Administrator or Building Inspector that includes statements to the continued adherence to the conditions of the special use permit, maintenance and condition of the ECHO unit, condition of the sewage disposal system, the number of people living in the primary single-family dwelling, the number of occupants living in the ECHO unit, permits entry to the primary single-family dwelling and the ECHO unit by the Zoning Administrator or Building Inspector for purposes of verifying adherence to the conditions of the special use permit, and that the owner understands the terms and conditions of the special use permit.

(3) Special use permit.

(a) The special use permit shall be issued to the owner of the principal single-family dwelling on the lot and shall specify by name the occupant(s) of the ECHO unit.

(b) The special use permit shall be renewed annually by the Zoning Administrator or Building Inspector. The residents of the ECHO unit must be reconfirmed at that time. Failure to comply with this renewal provision or with the continuance of the provisions of this section shall result in the special use permit becoming null and void.

(c) The special use permit shall terminate 90 days after the death of or permanent change of residence of the original occupant(s) of the ECHO unit. During this ninety-day period, the ECHO unit shall be removed and the site restored (weather permitting) so that no visible element of the ECHO unit and its accessory elements remain. Failure to remove the ECHO unit within 90 days may result in actions to ensure removal, including removal and salvage by the Town with a lien imposed to defray any costs incurred that are above and beyond the posted bond amount.

(d) The special use permit may be revoked by the Planning Board if it shall reasonably appear to the Planning Board that the ECHO unit is not in compliance with the applicable laws, rules, regulations, codes or ordinances or that the conditions of the special use permit are not satisfied or if any lawful inspection of the ECHO unit or the primary single-family dwelling is refused or prevented by the owner or occupant(s).

(e) The special use permit shall be null and void upon sale of the property.

§ 155-26 Accessory structures.

A. Detached accessory structures not exclusively used for farming or agricultural purposes shall be erected in accordance with the following requirements, except as otherwise permitted herein:

(1) Detached accessory structures over 120 square feet:

(a) Shall require a building permit.

(b) Shall not be located within any required yards or within 10 feet of operative septic tanks and/or leach fields.

(c) Shall be located no closer to the street than the front of the principal structure.

(d) Shall respect the scale and character of the principal structure and shall not:

[1] Exceed 25% of the principal structure in bulk; nor

[2] Exceed the height of the principal structure.

(e) For firesafety purposes, a detached accessory structure shall be located in compliance with the New York State Uniform Fire Prevention and Building Code, and in any case no closer than 10 feet to the principal structure.

(f) For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

(2) Detached accessory structures 120 square feet or less:

(a) Shall not require a building permit.

(b) Shall not be located within 10 feet of any side or rear property line.

(c) Shall not be located within 10 feet of operative septic tanks and/or leach fields.

(d) Shall be located no closer to the street than the front of the principal structure.

(e) Shall respect the scale and character of the principal structure and shall not:

[1] Exceed 120 square feet; nor

[2] Exceed 10 feet in height.

(f) For firesafety purposes, a detached accessory structure shall be located in compliance with the Uniform Fire Prevention and Building Code, and in any case no closer than 10 feet to the principal structure.

(g) For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

B. Attached accessory structures. When an accessory structure is attached to the principal structure, including attachment by means of a breezeway or a roofed passageway with open or latticed sides, it shall comply in all respects to the requirements of this chapter applicable to the principal structure.

C. Agricultural accessory structures. All agricultural accessory structures, including, but not limited to, stables, barns, pens, corrals, noncommercial greenhouses, or coops:

(1) Shall require a building permit.

(2) Shall not be located within any required yards or within 10 feet of operative septic tanks and/or leach fields except as otherwise permitted.

(3) For firesafety purposes, a detached accessory structure shall be located in compliance with the Uniform Fire Prevention and Building Code, and in any case no closer than 10 feet to the principal structure.

(4) For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

(5) The height of the accessory structure shall require a special use permit if it exceeds the height of the principal structure.

§ 155-27 Adult use and entertainment establishments.

A. Legislative intent. It is the purpose of this section to regulate the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:

(1) To preserve the character and the quality of life in the Town of Beekman's neighborhoods and business areas.

(2) To control documented harmful and adverse secondary effects of adult uses on the surrounding areas, such as decreased property values; attraction of transients; parking and traffic problems; increased crime; loss of business for surrounding nonadult businesses; and deterioration of neighborhoods.

(3) To restrict minors' access to adult uses.

(4) To maintain the general welfare and safety of the Town of Beekman's residents.

B. Purposes and considerations.

(1) In the execution of this section, it is recognized that there are some uses that, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

(2) It is further declared that the location of these uses in regard to areas where Beekman's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Beekman.

(3) The intent of this section is to provide adult entertainment uses without compromising the character of the neighborhood.

(4) This will be achieved through lighting being reflected away from abutting roadways and adjoining properties, and limiting these facilities to large parcels of property in order to maintain the visual and aesthetic environment, as well as provide adequate distances to protect neighbors from noise, obnoxious traffic, lights and other deleterious impacts. It is further declared that the location of these uses in regard to areas where Beekman's youth may regularly assemble and the general atmosphere encompassing their operation is of great concern.

C. Restricted uses shall be as follows:

(1) Adult establishments, as defined.

(2) Adult arcades.

(3) Adult bookstores or adult video stores.

(4) Adult cabarets.

(5) Adult motels.

(6) Adult motion-picture theaters.

(7) Adult theaters.

(8) Escort agencies.

(9) Massage parlors.

(10) Nude model studios.

(11) Porn shops.

(12) Sexual encounter centers.

(13) Tattoo parlors.

D. Special requirements. No person shall cause or permit the use, occupancy or establishment of any land, building or structure as or for a restricted use unless he shall have obtained therefore, from the responsible administrative boards of the Town of Beekman, a special use permit and site plan review in accordance with Article XI of this chapter, and subject to any special standards as may hereinafter be required.

E. Regulation of restricted uses. Restricted uses, as enumerated in Subsection C above and defined in § 155-4, are to be restricted and regulated as to their location in the following manner, in addition to and subject to any other requirements of the Code of the Town of Beekman, and the special requirements itemized in this subsection are to accomplish the primary purposes necessary to ensure that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and to restrict their accessibility to minors.

(1) Location.

(a) A restricted use shall not be located:

[1] Within a five-hundred-foot radius of any area zoned for residential use.

[2] Within a one-quarter-mile radius of another such use.

[3] Within a one-thousand-foot radius of any school, day-care facility, library, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.

[4] Within a one-thousand-foot radius of any public pathway, walkway or walking path upon which children are likely to travel.

(b) The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.

(2) Any proposed adult-oriented business shall meet all other development standards and requirements of the Code of the Town of Beekman, including but not limited to lot and bulk regulations, facade and screening regulations.

(3) No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential use.

(4) Any lighting shall be arranged as to reflect the light away from the adjoining properties and abutting roadways.

(5) Maximum hours of operation shall be from 7:00 a.m. to 11:00 p.m.

(6) No person under the age of 18 years old shall be permitted into the premises or onto the property of an adult-oriented business.

(7) All yard setbacks shall be at least 200 feet.

(8) No amplifiers or loudspeakers of any type shall be installed outside the building.

(9) All such uses shall be subject to a special use permit and site plan approval, and the Planning Board may impose certain terms and conditions upon the granting of site plan approval as it deems reasonable and appropriate to further the aims of this section.

(10) There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

(11) No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).

(12) These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

F. Limits on restricted uses. No more than one restricted use, as enumerated in Subsection C above and defined in § 155-4, shall be located on any one parcel.

G. Permitted zoning districts. All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated as delineated on Schedule A, Permitted Uses (§ 155-23),[1] and Schedule B, Area and Bulk Regulations (§ 155-24),[2] of this chapter, and are subject to the additional restrictions set forth herein.

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

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

H. Display prohibited. All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window or by means of a sign, depiction or decoration), or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.

I. Penalties for offenses. Any person, firm, corporation or entity found to be violating any provision(s) of this section shall be guilty of a violation and subject to the penalties for offenses under Article XIII, § 155-69, of this chapter.

§ 155-28 Alternate-care facilities and nursing homes.

A. Purposes. The Planning Board of the Town of Beekman may, by special use permit, permit nursing homes and alternate-care housing facilities, as defined herein, in those districts outlined in Schedule A[1] and based on the following purposes:

(1) To make alternative-care housing possible for those persons who are unable to live independently at a particular time.

(2) To achieve an integration of alternative-care housing residents into the community without creating a negative environment for the residents of the alternative-care housing facility.

(3) To assure neighborhood compatibility and protection of property values.

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

B. Standards. The permitting of these facilities should be in accordance with § 155-60 and the following standards:

(1) The community environment standards adopted in a statement of principle by the State Department of Mental Hygiene and the State Board of Social Welfare state that: "A concentration of residences in a single neighborhood would be detrimental not only to the community but to the clients of the facility as well." To avoid a negative impact on the neighborhood as well as the residents of the alternate-care housing, the approval shall be limited to one facility within a one-mile radius. The one-mile distance shall be measured from closest lot line to closest lot line.

(2) When housing six or more persons, the facility should be located on a state or county highway.

(3) When housing six or more persons, the facility should not be located in an existing residential subdivision.

(4) The following bulk regulations shall apply to all nursing homes and alternate-care facilities:

(a) Setbacks. With the exception of fences, signs and walls, a seventy-five-foot setback shall be required for all yards. Parking areas shall not be placed closer than 25 feet to any lot line. All efforts should be made to locate parking in the rear of the structure, but in no case should parking be in the front yard. Parking shall conform to the requirements noted in § 155-56.

(b) Coverage:

[1] Buildings: 10%.

[2] Impervious surfaces: 30%.

(c) All other area and bulk regulations for the applicable zoning district shall apply.[2]

[2] Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.

(5) A landscape buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site. It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district. The buffer shall be of such type, height and spacing as determined by the Planning Board and may include plantings, walls or fences.

(6) Signs shall not be more than 10 square feet in area and shall be illuminated only by indirect lighting, except when the facility is housed in a single-family dwelling in a residential district, the sign shall not be illuminated.

(7) A nursing home or alternate-care facility should have central water and sewer facilities, if practicable. If the facility will utilize individual well(s) and subsurface sewage disposal systems, these should be sited in accordance with Dutchess County Health Department requirements and approvals.

(8) New and/or existing structures shall be constructed, altered and renovated in accordance with the New York State Uniform Fire Prevention and Building Code and subject to Town Fire Department approvals. Fire escapes and stairs providing access to all floors above ground level should be located in the rear of the structure.

(9) Nursing homes and alternate-care facilities shall comply with all applicable state laws and regulations governing nursing homes and alternative-care facilities.

C. Application. Information to accompany the site plan/special use permit application shall include:

(1) The specific classification of the residence and the name of the regulatory agency(ies).

(2) Copies of all correspondence between the applicant and the regulatory agency(ies).

(3) The types of residents to be housed.

(4) The current, expected and projected number of residents to be housed.

(5) If applicable, information pertaining to resident employment.

(6) A description of the community facilities and services, including schools, which the residents will require.

(7) A description of the plan to integrate the residents into the community socially/economically.

(8) The number of staff/employees residing on the premises and number of nonresident staff/employees.

(9) The community services that the facility will require, i.e., sewerage, water, utilities, refuse, postal service, etc., and how they will be provided.

(10) A description of transportation methods to be provided to serve residents' needs and proposed traffic generation and circulation data.

(11) A description of planned active and passive activities.

(12) A description of operating plans as they pertain to the other items.

D. Administration. Special use permit approval is conditioned on licensing by all appropriate agencies

§ 155-29 Automobile washes.

In any district where so permitted, the Planning Board may issue a special permit for an automobile wash subject to provisions of § 155-60 and subject to the following conditions:

A. The minimum lot size for automobile wash facilities shall be one acre, and such lot shall have street frontage of at least 150 feet.

B. All washing and machine-drying operations shall be conducted within a building.

C. The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street line.

D. No washing, vacuuming, steam-cleaning, waxing, polishing nor machine-drying operation nor building within which such operations are conducted shall be permitted within 100 feet of a residential building located in a residential district.

E. All lot lines abutting residentially zoned property shall be screened by means of a solid masonry wall, opaque fence or evergreen hedge or earthen berm of a design and height acceptable to the Planning Board. Such screen shall be maintained in good condition throughout the life of the use.

F. All entrance and exit lanes and parking areas shall be surfaced with an asphalt or Portland cement pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein in a manner that does not adversely impact adjacent properties, uses and abutting roadways. Water recycling shall be addressed to the satisfaction of the Planning Board and any appropriate agencies.

G. Any lighting used shall be arranged so as to avoid being directed onto abutting roadways and adjoining premises in residential districts.

H. All operations shall be conducted completely within the lot lines of the property.

I. Parking and stacking space.

(1) One parking space shall be provided for every two employees.

(2) Stacking spaces.

(a) In addition, off-street stacking spaces provided for waiting vehicles shall not exceed the following requirements:

[1] Conveyor-type car wash: three off-street stacking spaces per washing lane.

[2] Drive-through-type car wash: five off-street stacking spaces per washing lane.

[3] Self-service-type car wash: three off-street stacking spaces per washing bay.

(b) For purposes of this subsection, an "off-street stacking space" shall mean an area measuring 18 feet in length by nine feet in width and located in such a manner as to provide an unimpeded egress from the space toward the automobile wash facility.

§ 155-30 Bed-and-breakfast establishments.

Bed-and-breakfast establishments are owner-occupied and are subject to provisions of § 155-60 and the following conditions:

A. Each establishment shall be limited to 10 guest rooms.

B. Each establishment must meet all applicable zoning requirements.

C. The proprietor may serve breakfast only to guests. A public dining room and bar are expressly prohibited.

D. Parking lots shall not be located closer than 15 feet to any residential property line and shall be buffered from adjacent residential properties.

E. A bed-and-breakfast will be permitted only if it is compatible with its immediate neighborhood.

F. Parking requirements shall conform to § 155-56 of this chapter.

G. The Department of Health shall certify that the water supply and sewage disposal system is adequate for the maximum occupancy of the proposed facility.

§ 155-31 Cemeteries.

New cemeteries shall be subject to provisions of § 155-60 and the following regulations:

A. No interment shall take place within 75 feet of any street right-of-way or property boundary. Such seventy-five-foot buffer area shall be suitably landscaped as to screen the cemetery from view insofar as is practicable.

B. All cemeteries shall be subject to site plan approval.

§ 155-31.1 Family, group and child-care facilities.

A. Purpose. It is the intent of the Town of Beekman to provide for the child-care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the critical need for affordable child care for the Town's working parents.

B. Family and group family day-care homes as defined in § 155-4 shall be permitted, provided that:

(1) State licensing requirements are met, including those pertaining to building, fire and safety and health codes.

(2) Applicable zoning and subdivision uses are adhered to in full.

(3) All area and bulk regulations are in compliance with Schedule B of this chapter.[1]

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

(4) An off-street dropoff/pickup area must be provided. A driveway in conformance with Town standards shall be sufficient for such purpose.

(5) Signs, if any, shall conform to § 155-57 of this chapter.

(6) No structural or decorative alteration that will alter the single-family character of an existing residential structure or be incompatible with surrounding residences is permitted.

C. A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in § 155-4, provided that it is in compliance with the following:

(1) The center facility or nursery school complies with all regulations of § 155-60, Special use permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from the New York State Department of Social Services and, if applicable, the New York State Department of Education.

(2) A site plan in compliance with district zoning is submitted to the Planning Board for its approval, following the procedures in Article VII of this chapter. For site plan approval, day-care centers, school-age child-care centers, or nursery schools shall:

(a) Comply with Subsection B(1) through B(6) of this section.

(b) Be compatible with the character of the neighborhood or district with regard to scale, design architectural details, materials and setback, if a new structure or alteration is proposed.

(c) Provide an outdoor play space as specified by the New York State Social Service Law. Such area shall be at least 1/4 of the square footage of the structure in which the facility is housed, screened from the road from which the center takes access, either by the center itself or appropriate landscaping or other methods, and be contained, by fence or other means, to prevent conflicts between adjacent properties and the facility's activities.

(d) Provide adequate parking facilities for the day-care center or nursery school, at least one for every nonresident employee, plus one for every 10 children, and provide an off-street pickup/dropoff area either in the driveway or an approved parking area.

(e) Conform to other requirements, as specified by the Planning Board, to ensure that the center maintains the character of the neighborhood or district.

§ 155-32 Auto body shops, motor vehicle service facilities, convenience stores and motor vehicle repair facilities.

Auto body shops, motor vehicle service facilities/convenience stores and motor vehicle repair facilities shall conform to the requirements of § 155-60 and the following special standards:

A. The lot on which an auto body shop, motor vehicle service facility, convenience store or motor vehicle repair facility is located shall have an area of not less than 20,000 square feet and a frontage of not less than 125 feet on a street right-of-way line.

B. No pumps, lubricating and other dispensing devices, and other accessory services, shall extend within 50 feet of any property line, 60 feet of any street right-of-way line or 20 feet of any building on the lot, and they shall be located and accessed on the side or rear of the station unless deemed impracticable by the Planning Board.

C. All motor fuel shall be stored in underground tanks in conformity with the latest edition of the New York State Uniform Fire Prevention and Building Code. Such tanks shall be located not less than 50 feet from any property line or street right-of-way line. Facilities shall be provided to prevent corrosion of underground tanks and piping in order to prevent the release of flammable substances. All vents and fill pipes for underground storage tanks shall be located at least 20 feet from any building.

D. There shall be no outdoor display or storage of inventory, accessories, motor vehicles, trailers, boats or farm equipment unless permitted and approved by the Planning Board through the special use permit process.

E. When located adjacent to residential districts, the area required for setback from a property line shall be provided with fences, walls, embankments or evergreen shrubs or trees, to a height and design acceptable to the Planning Board so as to screen the structure from adjoining properties.

F. All repair, lubrication, painting and other service work shall be performed indoors. All vehicles awaiting repair shall be stored indoors or within a fenced or landscaped enclosure conforming to the setback required for buildings.

G. No facility used for the sale of gasoline and other automotive fuels nor the access drive leading to any such facility may be constructed or erected within 1,000 feet, in any direction, of an existing motor vehicle service facility providing gasoline sales or any site that has been granted approval for such use.

H. To enhance the streetscape, auto body shops, motor vehicle service facility, convenience stores and motor vehicle repair facilities should be located and oriented toward the front of parcels, with canopies and parking located on the rear and side of structures. Canopies and buildings should be integrated with the use of similar rooflines, color, materials and layout.

§ 155-33 Home occupations.

A. Purpose. The provisions of this section are to help provide peace, quiet and domestic tranquility with all residential neighborhoods while recognizing that limited home occupational use can be useful to the general community as well as the resident/proprietor.

B. Procedure. Persons seeking to establish a home occupation must seek a special use permit from the Planning Board. The permit expires when the occupation changes or the property is sold. Permitted home occupations operated in any dwelling unit may be operated only if they comply with the provisions of § 155-60 and all of the following conditions:

(1) A home occupation must be incidental to the use of a dwelling unit for residential purposes and must be carried out by a resident of the dwelling unit.

(2) The dwelling unit must be owner-occupied.

(3) No more than 50% of the total floor area of the dwelling unit may be used in connection with a home occupation. This floor area requirement refers only to heated and habitable rooms within the dwelling unit.

(4) The retail sale of produce and consumer goods shall be prohibited, except for the sale of products or goods incidental to the home occupation.

(5) Only the person or persons who own and occupy the dwelling, and up to two additional persons, shall be employed in the home occupation. Off-street parking shall be provided for each additional employed person and shall conform to § 155-56.

(6) There shall be no outside evidence of the home occupation, except that one unanimated, unilluminated, flat or window sign having an area of not more than two square feet shall be permitted on the street front of the lot on which the building is located.

(7) There shall be no exterior storage of equipment, materials or commercial trucks to be used in conjunction with a home occupation.

(8) No alteration of the residential appearance of the premises to accommodate the home occupation is allowed.

(9) An existing accessory structure can be used for a home occupation, provided that there are no exterior modifications and that the use will not change the residential character of the area.

(10) In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 9:00 p.m.

(11) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

(12) Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses is prohibited.

C. The following uses are allowed, provided that they comply with the conditions set forth in Subsection B listed above:

(1) Artist or musician.

(2) Custom dressmaking/seamstress.

(3) Tutoring instruction in any area shall be limited to five students at one time.

(4) Home crafts.

(5) Drafting and graphic services.

(6) Data processing, computer programming and word processing.

(7) Professional and other consulting services, e.g., interior design, engineering, financial planning, architecture, law and real estate.

(8) Medical doctors, dentists, chiropractors and other health-care professionals.

(9) Gardening and landscape maintenance, so long as no equipment, materials or commercial trucks used in the occupation are stored or parked on the exterior premises.

(10) Foster family care and family-type proprietary houses for adults pursuant to regulations of the New York State Department of Social Services, but not more than four children or four adults. Applicants for this use must first apply to the Planning Board for a special use permit as outlined in § 155-60 of this chapter.

(11) Single-chair beauty salons or barber shops.

(12) E-commerce businesses.

D. Because of parking requirements and other issues of compatibility, the following uses are specifically prohibited as home occupations:

(1) Ambulance service.

(2) Automobile repair, towing, parts, sales, upholstery or detailing and washing service, including businesses working at customers' homes.

(3) Churches.

(4) Restaurants and taverns.

(5) Taxi and limousine services.

E. Occupations not listed in Subsection C must be considered on their merits and are subject to requirements set forth in this section and to procedures for special use permits as outlined in § 155-60.

§ 155-34 Keeping of animals.

Notwithstanding the use permitted in any district, the following regulations shall apply to the keeping of animals in any district:

A. In the absence of a special use permit and site plan approval as specified in this chapter, the keeping of large animals, such as horses, ponies, cattle, goats, pigs, sheep, etc., shall require at least one acre of open space for each animal, unless contiguous open space in excess of seven acres is used for such maintenance, in which event this requirement shall be inapplicable.

B. The keeping of small animals, such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., in a total number of more than 10 on one lot containing less than two acres shall be prohibited in the absence of a special use permit and site plan approval as provided below.

C. The Planning Board may issue a special use permit for the keeping of animals upon lots containing less than the minimum area set forth above, subject to site plan approval, provided that the applicant shall meet all conditions and satisfy the criteria applicable, and provided further that the Planning Board shall find that adequate open space and facilities for the proper care of such animals are available and will be established and that the keeping of such animals will not interfere with the reasonable use and enjoyment of the property of others.

D. Buildings, pens or other structures housing animals or portions of buildings used for that purpose shall not be located in any required yard and in no case shall such structures be located 75 feet from any lot line, road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.

E. Fences for keeping of animals shall be located a minimum of four feet from any lot line, road or highway.

F. No person shall keep animals upon property in any manner which shall knowingly interfere with the reasonable use and enjoyment of the property of others.

§ 155-35 Riding establishments and stables.

A special use permit may be granted for the establishment of a stable used for boarding or for instruction in riding. Such establishments may be used for the boarding and training of horses subject to § 155-60 and when the following conditions are met:

A. The minimum lot size shall be seven acres.

B. The use of the property shall be limited to the keeping of one horse per each 1/2 acre of lot area.

C. No building in which animals are housed, riding ring, corral, fence or manure storage area shall be located within 200 feet of any lot line or street right-of-way, watercourse or wetland.

D. No horses shall be housed in any building used as a primary residence. The Planning Board may, as part of the special use permit, allow a residence in such a structure for a caretaker only. The dwelling unit must create no health hazard and shall meet all applicable building, housing and sanitary codes.

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

F. The property shall be so maintained that it will not create a nuisance.

§ 155-36 Mobile home parks.

A. Mobile homes are permitted in mobile home parks only, and are subject to § 155-60 and the following regulations.

B. Mobile home parks are a use allowed in Residential-Mobile Home Districts (R-MH) only, subject to site plan approval and the following regulations:

(1) Park size and capacity. Each mobile home park shall have a minimum area of 10 acres and shall contain no more than one mobile home for each 10,000 square feet of net area, excluding land used for access roads, recreation and service facilities and required yards.

(2) Size of lots. All mobile homes shall be located on a lot with frontage on an access road and shall be at least 8,000 square feet in area.

(3) Clearances.

(a) Each mobile home shall be located on its own individual space. The space shall have the following minimum clearances:

[1] Sides: 20 feet on each side of the space and a total of 40 feet on both sides from adjacent mobile homes and buildings.

[2] Ends: 20 feet from rear lot lines of homes and 35 feet from access roads and 20 feet from the required yard.

(b) In computing these clearances, lean-tos, auxiliary rooms and similar accessories connected to the mobile home, including temporary porches and canopies that are open on two or more sides, shall be considered as part of the mobile home.

(4) Automobile parking. There shall be at least two off-road parking spaces for each mobile home within the mobile home space.

(5) Parking bay. Each off-road parking space shall be at least nine feet wide and at least 18 feet long and shall have convenient and ready access to a roadway.

(6) Recreation area. A usable area set aside exclusively for recreation shall be provided within the mobile home park and shall be a minimum of 10,000 square feet or equal in area to 200 square feet for each mobile home space in the park, whichever is greater.

(7) Screening and landscaping. Each mobile home park shall have a landscaped area at least 25 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties. The Planning Board may require additional screening or fencing, if appropriate.

(8) Internal road system. Mobile home parks shall have an internal road system capable of meeting the needs of public safety and welfare, as determined by the Road Subdivision Regulations of the Planning Board of the Town of Beekman, New York. Input from the Town of Beekman Fire Commissioners should be sought regarding emergency service access.

(9) Utilities. Utilities shall be placed underground.

(10) Other regulations.

(a) Mobile home parks are subject to any other Town, county or state regulations, including but not limited to the Dutchess County Health Department's regulations regarding water supply and sewage disposal and state guidelines regarding refuse disposal.

(b) Any expansion of a mobile home park, or replacement of an existing mobile home by a mobile home greater than 15 feet in width and 70 feet in length within a mobile home park shall require the submission of an overall site plan of the entire mobile home park. The Planning Board may require conformance to all applicable requirements of this chapter at the time of that submission.

§ 155-36.1 Moderately priced housing.

A. Intent and purpose. It is the intent and purpose of the Town of Beekman to increase the number of moderately priced dwelling units ("MPDUs") available for low/moderate-income families.

(1) Not less than 10% of the total number of dwelling units in a development containing 10 or more units, or the subdivision of property to create 10 or more dwellings in a conventional or conservation subdivision, must be dedicated as MPDUs.

(a) For the purposes of this section, a development shall be required to adhere to the regulations contained herein if:

[1] Ten or more dwelling units are proposed at one location in the Town; or

[2] Ten or more dwelling units are proposed as a part of a development under common ownership or control by an applicant or controlled by separate corporations in which any stockholder or family of the stockholder owns 10% or more of the stock.

(b) All land proposed to be developed by the applicant is considered to be at one location if:

[1] The property lines of all the parcels are contiguous, or nearly contiguous, at any point.

[2] The property lines are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point.

[3] The property lines are separated by other land owned by the applicant which was not subject to this section at the time of any permit, site plan development or subdivision application by the applicant.

(c) An applicant must not avoid this section by submitting piecemeal applications or approval requests for subdivision plats, site or development plans, or building permits.

(d) Any applicant may apply for a preliminary subdivision plat as defined in Chapter 130, Subdivision of Land, site or development plan, record plat or building permit for fewer than 10 dwelling units at any time, but the applicant must agree in writing that the applicant will comply with this section when the total number of dwelling units at one location reaches 10 or more.

(2) Notwithstanding the foregoing, the Town Board or its designee shall have the authority to approve a moderately priced housing project which participates in a state or federal program and set the appropriate percentage of affordable units and income requirements in accordance with the requirements of such state or federal program, which may be different than that set forth by this section.

§ 155-36.2 Multifamily dwellings.

[Amended 12-2-2015 by L.L. No. 5-2015]

A. Multifamily dwellings are permitted in the PH, BH and HR District with a § 155-60 special permit approval and in the TC District with § 155-59 site plan approval.

B. Standard. In addition to those imposed in the site plan or special permit process, multifamily dwellings shall meet the following requirements:

(1) Density. The maximum number of dwelling units per lot in each zone are as listed as follows:

(a) PH Zone: four dwelling units per 45,000 square feet if it is served by central water and sewer, otherwise one dwelling unit per each 45,000 square feet of lot area.

(b) BH Zone: four dwelling units per 45,000 square feet if it is served by central water and sewer, otherwise one dwelling unit per each 45,000 square feet of lot area.

(c) HR Zone: eight dwelling units per acre.

(d) Town Center: 12 dwelling units per acre.

(2) Parking. All parking shall be provided in paved off-street areas according to provisions in § 155-56, with the addition of one visitor parking space per each two units. No parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building. Parking shall be placed to the rear of each building. Parking or storage of unregistered vehicles shall be prohibited.

(3) Lot specifications. Setbacks, building area coverage and frontage requirements Schedule B, Schedule of Area and Bulk Regulations.

(4) Open space. Usable open space, excluding parking, must be available for tenants. This open area must be a minimum of 150 square feet per bedroom for adaptation of existing structures and at least 40% of the gross lot area for new structures.

(5) Water and sewer facilities. Where connections to the existing central water and sewer facilities are feasible, such connections shall be required. Where connections are not feasible, the developer shall demonstrate that on-site water and septic facilities will adequately accommodate the proposed density or centralized water and sewer facilities shall be required of the developer. If centralized water and/or sewer facilities are required, the developer shall provide assurance of adequate long-term management and maintenance satisfactory to the Town. In addition, water systems shall be designed to provide for satisfactory firefighting capacity.

(6) Design. The architectural design of new multifamily dwellings shall be harmonious with the character of immediately surrounding areas as determined by the Architectural Review Board.

(7) Recreation fee. A recreation fee will be charged on a per unit basis for all new rental units as provided for in the current fee schedule. On-site dedication of land or construction of recreational facilities may be required in addition to a recreational fee.

(8) Buffer areas. When necessary to ensure compatibility with the surroundings, buffer strips shall be provided. Consisting of trees, hedges, dense plantings, earth berms and changes in grade, these buffers shall be used, in particular, to separate the more dense character of multifamily housing from less intensely developed land uses and to maintain a natural interlude between multifamily structures.

(9) Screening. Parking lots must not be located closer than 15 feet to any residential property line and shall be sufficiently screened to make them fit harmoniously with the community. Plantings shall be of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.

(10) The front or rear of any building shall be no closer to the front or rear of another building than 50 feet. The side of any building shall be no closer than 40 feet to the side, front or rear of any other building.

(11) No structure shall exceed 150 feet in length.

(12) No nonresidential uses shall be permitted in a multifamily residential building, except for a residential sales or rental office associated with the project. Mixed use establishments as permitted in the PH, BH or TC Districts may provide residential dwellings in accordance with the defined densities in § 155-36.2B.

§ 155-37 Personal wireless service facilities and towers.

A. Applicability. The following special use permit standards and requirements shall apply to all personal wireless service facilities and towers. For new tower construction or major modification of an existing tower, a tower construction special use permit is required. For a new personal wireless service facility or a major modification of an existing facility, a personal wireless service facility special use permit is required, except in the case of a new personal wireless service facility to be co-located on an existing tower with empty available space which has been approved under an existing valid special use permit, as long as the additional services/facility does not increase the total EMF by 25% for the duration of the permit.

B. Purposes. The purposes of this personal wireless service facilities and towers section are to:

(1) Preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless services to be developed.

(2) Protect the scenic, historic, environmental and natural or man-made resources of the community.

(3) Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities.

(4) Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities.

(5) Preserve property values.

(6) Minimize the total number and height of towers throughout the community.

(7) Locate towers so that they do not have negative impacts, such as but not limited to attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community.

(8) Require owners of towers and personal wireless service facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

(9) Require tower sharing, clustering of personal wireless service facilities and the use of stealth technology where possible.

C. Consistency with federal law. These regulations are intended to be consistent with the Telecommunications Act of 1996 in that they do not prohibit or have the effect of prohibiting the provision of personal wireless services; they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; they do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

D. Exempted wireless telecommunications uses. This section of Article V specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this section of Article V for any reason, whether or not said facility is proposed to share a tower or other structure with such exempt uses.

E. Provision of independent consultants.

(1) Upon submission of an application for a special use permit under this section of Article V, the Town Board shall hire independent consultants of its choosing, whose services shall be paid for by the applicant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: telecommunications engineering; structural engineering; and others as determined necessary by the Town Board.

(2) The Town Board shall select the independent consultant(s) after consultation with the Planning Board and/or Zoning Board of Appeals, which may propose a list of qualified candidates and/or special needs.

F. Prohibition of teleports. There shall be no teleport(s) within the Town of Beekman.

G. Application requirements.

(1) No tower or personal wireless service facility shall be erected, constructed or installed without first obtaining a special use permit from the Planning Board. One or both of two kinds of special use permits are required:

(a) For new tower construction (or major modification of an existing tower).

(b) Personal wireless service facilities.

[1] For personal wireless service facilities (or major modification of an existing facility) to be mounted on an existing or newly permitted tower or structure where empty available space, approved under an existing valid special use permit, is not available.

[2] Personal wireless service facilities to be co-located on an existing tower or structure with empty available space, approved under an existing valid special use permit, may be erected, constructed or installed after obtaining a building permit from the Building Inspector. The applicant shall provide the Building Inspector, the Planning Board, the Town Board and the Town Clerk with an updated safety analysis, prepared by radiation protection experts, of the cumulative electromagnetic environment in the vicinity of the proposed personal wireless service facility.

(2) If the applicant is applying for both permits, they shall be submitted and examined concurrently. Applications shall be submitted on the relevant forms for special use permit and site plan approval or development approval plan. The following additional information must also be submitted.

(3) Justification of need.

(a) The applicant shall provide written documentation of any facility sites in Beekman or in abutting towns in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. From each such facility site, it shall demonstrate with written documentation that these facility sites are not already providing or do not have the potential by adjusting the site to provide adequate coverage to the Town of Beekman. A map of Beekman, which illustrates the areas which presently have and those which do not have adequate coverage (based upon engineering evaluations such as drive-by testing) shall be provided along with a report of the supporting engineering data suitable for review by an independent consultant. The documentation shall include, for each facility site listed, the exact location, ground elevation, height of the tower or structure, type of antennas, antenna manufacturer, antenna model number, antenna gain, antenna down-tilt, height of antennas on the tower or structure, number of channels, maximum effective radiated power per channel, actual radiated power per channel and actual total radiated power. Radial plots from each of these facility sites shall be provided as part of the application.

(b) The applicant shall demonstrate with written documentation that it has examined all facility sites located in Beekman and in abutting towns in which the applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise, to determine whether those existing facility sites can be used to provide adequate coverage to the Town of Beekman. The documentation shall include, for each facility site listed, the exact location, ground elevation and height of the tower or structure as well as the applicant's proposals for type of antennas, antenna manufacturer, antenna model number, antenna gain, antenna down-tilt, height of antennas on the tower or structure, number of channels, maximum effective radiated power per channel, actual radiated power per channel and actual total radiated power. Radial plots from each of these facility sites shall be provided as part of the application.

(c) The applicant shall provide a safety analysis of the electromagnetic environment in the vicinity of a proposed personal wireless service facility prepared by radiation protection experts.

(d) The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters (if appropriate for the technology in question) in conjunction with all facility sites listed in compliance with Subsection G(3)(a) or (b) above to provide adequate coverage to the Town of Beekman. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.

(4) Required documentation. The following shall be submitted:

(a) Copies of all submittals made by the applicant, if required, pertaining to FCC licensing; environmental impact statements; FAA notice of construction or alteration; aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels, regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.

(b) The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized.

(c) The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant.

(d) The name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed tower shall be located or of the owner(s) of the tower or structure on which the proposed facility shall be located.

(e) Required plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in New York. (NOTE: Survey plans should also be stamped and signed by a professional land surveyor registered in New York.) Plans shall be on sheets no larger than 36 inches by 48 inches, on as many sheets as necessary and at scales which are no smaller (i.e., no less precise) than listed below, and which show the following information: Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the licensed professional engineer and other professionals who prepared the plan.

(5) For new tower construction or major modification of an existing tower, a tower construction special use permit is required.

(a) The applicant shall provide a written commitment, valid for the duration of the existence of the tower, to rent or lease available space for co-location on the tower, where legally, technically and economically feasible, without discrimination to other personal wireless service providers.

(b) If the applicant is not simultaneously applying for a personal wireless service facilities special use permit, it shall provide a copy of its existing lease/contract with a personal wireless service provider. A tower construction special use permit shall not be granted for a tower to be built on speculation.

(c) The following plans and maps shall be submitted:

[1] A location map, at a scale of one-inch equals 1,000 feet, showing the applicant's entire property and all easements and streets and existing structures within 200 feet of the applicant's property. The location shall include the names of owners of record for all parcels within 200 feet.

[2] A survey showing the proposed location, size and use of all buildings and structures at a scale of one-inch equals 50 feet.

[3] A conceptual layout of site configurations and improvements, including proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building (communications equipment shelter or other), indicating property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements.

(6) In addition to the detailed site plan requirements listed in § 155-59, Site plan review, of this chapter, the Planning Board will require:

(a) A statement of whether an environmental assessment has been prepared under the National Environmental Policy Act of 1969 and, if so, a copy of the findings.

(b) Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communications lines and whether underground or above the ground.

(c) Plans of proposed access driveways or roadway and parking areas at the tower site shall include grading, drainage and traveled width, and shall include a cross section of the access drive indicating the width, depth of gravel, paving or surface materials. Proposed access driveways must demonstrate compliance with § 155-56H, Driveways, for the equivalent of a single-family dwelling.

(d) Details of the proposed tower and appurtenances:

[1] Plans, elevations, sections and details at appropriate scales, but no smaller than one inch equals 10 feet.

[2] Two cross sections through the proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing and showing any guy wires or supports; dimensions of the proposed height of tower above average grade at tower base; showing all proposed antennas, including their location on the tower.

[3] Details of proposed tower foundation, including cross sections and details; showing all ground attachments, specifications for anchor bolts and other anchoring hardware.

[4] Detail of proposed exterior finish of the tower.

[5] Indication of relative height of the tower to the tops of surrounding trees as they presently exist and the height to which they are expected to grow in 10 years.

[6] Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands.

[7] A licensed structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height.

[8] A description of available space on the tower, providing illustrations and examples of the type and number of personal wireless service facilities that could be mounted on the structure.

(e) Proposed communications equipment shelter:

[1] Floor plans, elevations and cross sections at a scale of no taller than 1/4 inch equals one foot (one to 48) of any proposed appurtenant structure.

[2] Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

(7) For a new personal wireless service facility or major modification of an existing facility, a personal wireless service facility special use permit is required, except in the case of a new personal wireless service facility to be co-located on an existing tower with empty available space which has been approved under an existing valid special use permit. The following plans and maps shall be submitted:

(a) A location map, at a scale of one inch equals 1,000 feet, showing the applicant's entire property and all easements and streets and existing structures within 200 feet of the applicant's property. The location shall include the names of owners of record for all parcels within 200 feet.

(b) Proposed facility plan: a recent survey of the facility site at a scale of one inch equals 50 feet showing:

[1] Horizontal and radial distances of antenna(s) to the nearest point on the property line.

[2] Horizontal and radial distances of antenna(s) to the nearest dwelling unit.

[3] Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communications lines and whether underground or above the ground.

[4] Any changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of this proposed modification of the facility.

(c) Proposed communications equipment shelter:

[1] Floor plans, elevations and cross sections of any proposed appurtenant structure at a scale of no smaller than 1/4 inch equals one foot (one to 48).

[2] Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

(d) Proposed equipment plan:

[1] Plans, elevations, sections and details at appropriate scales, but no smaller than one inch equals 10 feet.

[2] Number of antennas and repeaters, as well as the exact locations of antenna(s) and of all repeaters (if any) located on a map.

[3] Mounting locations on tower or structure, including height above the ground.

[4] Antenna type(s), manufacturer(s) and model number(s).

H. Approval process.

(1) Preapplication conference for new towers. The applicant is strongly encouraged to apply for a preapplication conference by requesting a joint meeting of the Town Board, the Planning Board and the Zoning Board of Appeals immediately after establishing its need for a new tower and associated personal wireless service facilities. This action should take place prior to committing to a specific site. The documentation required for review at a preapplication conference for new towers is related to justification of need and is contained in Subsection G(3)(a) and (b).

(2) Application review. The applicant is encouraged to apply for an application review by requesting a joint meeting of the Town Board, the Planning Board and the Zoning Board of Appeals for the purpose of a preliminary review of the written documentation prepared in accordance with Subsection G and a concept plan prepared in accordance with Subsection G(5)(c) of this section and, for tower construction special use permit applications, the information contained in Subsection G(5) and, for personal wireless service facilities special use permit applications, the information contained in Subsection G(7). The purpose of this joint work session is to evaluate the completeness of the application and to identify whether or not variances would be required from the Zoning Board of Appeals.

(3) Application for special use permit(s) under this section shall be presented to the Planning Board at least four weeks prior to a public meeting and shall be accompanied by the appropriate fees, written documentation prepared in accordance with Subsection G and a concept plan prepared in accordance with Subsection G(5)(c). For tower construction special use permit applications, the information contained in Subsection G(5) of this section must also be provided as part of the application. For personal wireless service facilities special use permit applications, the information contained in Subsection G(7) must also be provided as part of the application. In evaluating the concept, the Planning Board will apply the parameters of appropriate siting contained in Subsection I(13).

(4) In order to better inform the public, the applicant shall take the following actions prior to the public meeting of the Planning Board:

(a) Balloon test. The applicant shall arrange to fly or raise upon a temporary mast a three-foot-diameter brightly colored balloon at the maximum height of the proposed tower. The dates (including a second date, in case of poor visibility or high wind on the initial date), times and location of this balloon test shall be advertised, by the applicant, at seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town of Beekman. The applicant shall inform the Town Board and the Planning Board, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least eight consecutive hours sometime between 7:00 a.m. and 4:00 p.m. of the dates chosen. The primary date shall be on a weekend but the second date, in case of poor visibility, or high wind on the initial date, may be on a weekday.

(b) Sign. The applicant shall place a sign of 32 square feet on the property that is the subject of the application 10 days prior to the date of the sketch plan review by the Planning Board. The sign shall face a public street, and the information on the sign describing the nature of the application must be in lettering clearly visible to a passerby.

(5) After receiving sketch plan approval for the site plan, a detailed site plan will be prepared in accordance with § 155-59 of this chapter. Whenever a tower construction special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(5). Whenever a personal wireless service facility special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(7).

(6) Upon official receipt of a complete site plan approval application, the Planning Board will schedule and conduct a public hearing. At the close of the public hearing, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations:

(a) Within 30 days, act to establish the lead agency for coordinated review.

(b) If designated as lead agency, make a determination of significance within 20 calendar days.

(7) Within 62 days of the close of the public hearing, the Planning Board shall act to approve, deny or approve with conditions the application for special use permit(s) under this section.

I. General requirements.

(1) New towers shall be set back at least one time the height of the tower, plus 50 feet, from all boundaries of the site on which the tower is located.

(2) If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter except where the access drive is located.

(3) Fencing and signs. The area around the tower and communications equipment shelter(s) shall be completely fenced for security to a height of six feet and gated. Use of razor or barbed wire is not permitted. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other warning signs must be posted on the fence.

(4) Communications equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other and the neighborhood and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

(5) New towers shall not exceed the minimum height necessary to provide adequate coverage for the personal wireless service facilities proposed for use on the tower. All applicants are encouraged to submit a request for additional height to accommodate future co-location and shall provide design information to justify such additional height. Towers shall not exceed 150 feet in height as measured from undisturbed ground prior to tower construction unless the applicant demonstrates to the satisfaction of the Planning Board that the greater height is no more detrimental to the neighborhood or the viewshed of the Town of Beekman than would be a tower of lesser height.

(6) Tower finish. New tower(s) shall have a galvanized finish unless otherwise required. The Planning Board may require the tower(s) to be painted or camouflaged through the use of stealth technology to minimize the adverse visual impact. Towers located within residential zones will require the use of stealth technology so as to make their presence invisible to the neighborhood.

(7) Tower(s) must be of a type that will maximize potential co-location. Lattice-type structures are preferred, but where a monopole is requested, the applicant must demonstrate the future utility of such structure for expansion of service for the applicant and other future applicants.

(8) The use of repeaters (if consistent with the technology under consideration) to assure adequate coverage or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a personal wireless service facility special use permit under this section of Article V may, with at least 30 days' written notice to the Town Board, the Planning Board, the Building Inspector and the Town Clerk, install one or more additional repeaters by right. Site plan review by the Planning Board shall be required. The Planning Board shall publish written notice of the public meeting date at least 14 days in advance. Applicants shall detail the number, location, power output and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.

(9) Commercial advertising shall not be allowed on any antenna, tower or accessory building, fencing or communications equipment shelter.

(10) Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless service facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site.

(11) No tower or personal wireless service facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 of the Code of Federal Regulations), is permitted.

(12) No tower or personal wireless service facility, with the exception of repeaters, shall be located:

(a) Closer than 1,500 feet, on a horizontal plane, to any structure, existing at the time of application, which is or is able to be occupied or habitable, on the property of any school (both public and private).

(b) Closer than 750 feet, on a horizontal plane, to an existing dwelling unit or day-care center, hospital, library, nursing home, church, synagogue or other religious use or any structure routinely used for public assembly.

(c) No repeater shall be located closer than 50 feet to an existing dwelling unit, or less than 25 feet above the ground.

(d) Within any of the following prohibited areas:

[1] A Town of Beekman, New York Department of Environmental Conservation (DEC) or federally regulated wetland.

[2] The habitat of any state-listed rare or endangered wildlife or rare plant species.

[3] Within 100 feet horizontally of the boundary of any New York DEC or Town of Beekman regulated wetland.

[4] Within 50 feet horizontally of the edge of any watercourse and/or water body.

[5] Within 1,000 feet horizontally of any historic district or property listed or eligible to be listed on the state or federal register of historic places.

[6] Within 500 feet horizontally of any known archaeological site. All applications shall be referred to the New York State Historic Preservation Office for such determination.

(13) Parameters of appropriate siting.

(a) Towers and personal wireless service facilities shall be located so as to minimize the following potential impacts:

[1] Visual/aesthetic. Towers shall, when possible, be sited off ridgelines and where their visual impact is least detrimental to highly rated scenic areas.

[2] Diminution of residential property values. Siting shall be in as low population density areas as possible.

[3] Safety, in cases of structural failure and attractive nuisance.

[4] Safety from excessive electromagnetic radiation, in case the tower or personal wireless service facility is found to exceed the FCC guidelines.

(b) The following locations are ranked in order of preference:

[1] Shared use of personal wireless service facilities shall be strongly encouraged. Applicants who co-locate on towers with empty available space that has been approved under an existing valid special use permit require only a building permit from the Building Inspector. In this case, the applicant shall provide the Building Inspector, the Planning Board and the Town Clerk with an updated safety analysis, prepared by radiation protection experts, of the cumulative electromagnetic environment in the vicinity of the proposed personal wireless service facility.

[2] Clustering of towers. Applications for towers adjacent to existing towers shall be encouraged.

[3] The use of municipal lands that comply with other requirements of this section, and where visual impact can be minimized and mitigated, shall be encouraged.

[4] The use of repeaters (if consistent with the technology under consideration) to provide adequate coverage without requiring new tower(s) shall be encouraged.

[5] The use of land distant from higher-density residential properties, and where visual impact can be minimized, shall be encouraged.

(c) Towers and personal wireless service facilities shall be located so as to provide adequate coverage with the least number of towers and antennas which is technically and economically feasible.

J. Evaluation by independent consultants.

(1) Upon submission of a complete application for a special use permit under this section of Article V, the Town Board shall provide its independent consultant(s) with the full application for their analysis and review.

(2) Applicants for any special use permit under this section of Article V shall obtain permission from the owner(s) of the proposed property(s) or facilities site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s).

K. Approval criteria.

(1) The Planning Board shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special use permit, as follows:

(a) That the applicant is not already providing adequate coverage to the Town of Beekman.

(b) That the applicant is not able to use existing towers/facility sites, either with or without the use of repeaters (if appropriate for the technology in question), to provide adequate coverage to the Town of Beekman.

(c) That the applicant has agreed to rent or lease available space for co-location on the tower, where legally, technically and economically feasible, without discrimination to other personal wireless service providers.

(d) That the proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values and natural or man-made resources.

(e) That the proposal shall comply with applicable FCC regulations regarding emissions of electromagnetic radiation (currently, FCC 96-326).

(2) Any decision by the Planning Board to deny an application for a special use permit under this section of Article V shall be in conformance with Section 332 [47 U.S.C. § 332(c)(7)(B)(iii)] of the Telecommunications Act of 1996, in that it shall be in writing and supported by substantial evidence contained in a written record.

L. Evaluation of compliance.

(1) Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the appropriate FCC standard (currently, FCC 96-326), then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the Town Board and the Building Inspector a plan for the reduction of emissions to a level that complies with the appropriate FCC standard (currently, FCC 96-326) within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special use permit and subject to penalties and fines as specified in Article XIII of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved.

(2) Structural/facilities inspection. Tower owner(s) shall be required to conduct inspections of the tower's structural integrity and safety every five years, utilizing the services of a professional with knowledge of structural aspects of towers/facilities who is licensed to practice in New York State. A report of the inspection results shall be prepared by the licensed professional and submitted to the Town Board, the Planning Board, the Town Engineer, the Town Planner, the Building Inspector and the Town Clerk.

(3) Unsafe structure. Should any inspection of any tower/facility reveal any structural defect(s) which, in the opinion of the Building Inspector, render(s) that tower/facility unsafe, the following actions must be taken: Within 10 business days of notification of an unsafe structure, the owner(s) of the tower/facility shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special use permit and subject to its revocation and subsequent removal of the tower at the owner's expense.

(4) Unkempt facility. Should any inspection of any tower/facility reveal that the facility is not being maintained, which, in the opinion of the Building Inspector, renders that tower/facility a detriment to the community/neighborhood, the following actions must be taken: Within 10 business days of notification of an unkempt facility, the owner(s) of the tower/facility shall submit a plan to remediate the defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation of defect(s) within 10 business days of initial notification shall be a violation of the special use permit and subject to its revocation and subsequent removal of the tower/facility at the owner's expense.

M. Removal requirements.

(1) Any personal wireless service facility that ceases to operate for a period of one year shall be dismantled and removed from the site within 60 days of receipt of a written notice from the Building Inspector. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all personal wireless service facility improvements that have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be dismantled and removed from the site within 60 days of receipt of a written notice from the Building and Zoning Inspector, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal.

(2) Prior to the issuance of a building permit, the owner and operator of a communications tower shall provide the Town with a surety bond or other financial security acceptable to the Town Attorney/Counsel to assure that the funds are available to dismantle such tower, to remove any debris and to restore the site to a state acceptable to the Planning Board. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer and Planner and approved, as to form, by the Town Attorney/Counsel. The Town Board shall approve the amount of such bond.

N. Fees and insurance.

(1) Towers and personal wireless service facilities shall be insured by the owner(s) of towers and/or personal wireless service facilities against damage to persons or property. The owner(s) of towers and/or personal wireless service facilities shall provide a certificate of insurance to the Town Clerk on an annual basis in which the Town of Beekman shall be an additional named insured. The failure to provide a certificate of insurance to the Town Clerk on an annual basis naming the Town of Beekman as an additional named insured shall constitute a violation of the special use permit and may result in its revocation and subsequent removal of the tower at the owner's expense.

(2) A schedule of fees for towers and personal wireless service facilities permitting and renewal, of escrow fund amounts for independent consultants and any other fees shall be determined by annual resolution of the Town Board.

O. Rehearing. Any Planning Board member may make a request for the Board to hold a rehearing to review any decision or determination of the Board not previously reviewed. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present.

§ 155-38 Satellite dish antennas.

A. Satellite dish antennas are allowed as an accessory use, provided that they are located in rear yards and meet all applicable provisions of this section. If a usable satellite signal cannot be obtained from such rear yard, the applicant may seek a special permit for the satellite dish antenna to be located on the side yard of the property, subject to setback requirements contained in Schedule A.[1] No satellite dishes antennas shall be located in front yards.

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

B. The establishment of a satellite dish antenna is subject to the following conditions:

(1) Not more than three satellite dish antennas shall be allowed per dwelling unit.

(2) All satellite dish antennas shall be properly anchored as determined by the Building Inspector.

(3) The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements.

(4) Satellite dish antennas shall be adequately grounded.

(5) Satellite dish antennas shall be located to minimize visual impact on adjacent property and roadways. The color of the antenna should be compatible with its surroundings. Black and green are colors that have the least visual impact.

(6) A landscaped, evergreen planting screen shall be provided for any ground-mounted satellite dish antenna to screen it from the view of adjacent lots and public view. The screening should be placed in order to not interfere with signal reception.

(7) A satellite dish antenna shall not be located less than 15 feet from any rear property line or easement.

(8) A satellite dish antenna shall not exceed a diameter of two feet or a height of six feet when mounted from the ground.

(9) Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground.

(10) Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers, spires or trees. The satellite dish antenna should be placed below the ridgepole of the roof. Any roof-mounted satellite dish antenna shall be of the smallest diameter currently available from the manufacturer.

§ 155-39 Self-storage centers.

The Planning Board may approve by special permit the use of a site in the C-2 District and by site plan approval in the C-3 District for the establishment of a self-storage center, pursuant to § 155-60 of this chapter and the following requirements:

A. Only "dead" storage activities shall be permitted. Retail activities, store fronts and office activities shall be prohibited within the self-storage center, except that one office for the operation of the center and limited retail sales of products and supplies incidental to the principal use shall be permitted within the office area. The following are also prohibited: auctions, garage sales, flea markets, hobby shops, service and repair of motor vehicles, boats, etc., the operation of power tools, spray-painting equipment, kilns or other similar equipment storage, including cars; outside storage shall be prohibited. Motor vehicle parking shall be for customers and employees only, while they are on the site. Motor vehicles shall not be parked or otherwise stored outside within the center. Operating hours shall be limited from 7:00 a.m. to 11:00 p.m.

B. There shall be a minimum lot area of two acres.

C. The site shall be located on a state highway.

D. Setback requirements shall be as follows:

(1) Front yard, with no parking or access to storage doors: 30 feet.

(2) Where the site faces an interior industrial park road: 20 feet.

(3) With parking and/or paved access to storage doors: 75 feet, except the Planning Board may permit the self-storage center to be constructed with a front yard setback of not less than 40 feet if, in the opinion of the Planning Board, the self-storage center can be suitably screened, by use of fences, natural planting, natural topographical features or existing buildings, to the extent that the storage doors will not be visible from the road. Notwithstanding the above, the setback requirements for a site shall be the same as required by the district in which it is located.

(4) Side and rear yards as required by the respective zoning districts.

E. Where a lot is adjacent to a residential area, screening shall be provided as in the C-3 Zoning District.

F. Maximum coverage, height and number of stories shall be as permitted by the respective zoning districts.

G. Any lighting shall be shielded from direct light onto the established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. However, access and lighting shall not be permitted on a side facing a residential area, unless a sufficiently high landscaped berm or buffer area can be provided to completely shield the building and lighting from residences.

H. No loading docks or permanent materials-handling equipment shall be permitted. Storage of gasoline and similar petroleum products, radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited, and the operator of the self-storage center shall include a provision to this effect in any lease used to rent the storage units.

I. Off-street parking shall be provided, and there shall be one parking space per 3,000 square feet of storage area. In addition, the owner shall submit a plan which establishes that in the event of a change of use of the site from self-storage to a permitted use, provision can be made for parking according to the requirements in the zoning district in which the site is located, which parking shall be shown on both the areas the owner intends to pave as well as on areas not paved.

J. Construction material shall be suitable for withstanding considerable impacts, and satisfactory provisions for continuous maintenance of the site and buildings shall be submitted to the Planning Board for approval.

K. No further action shall be taken on a proposal for a self-storage facility until a sketch plan, together with site-specific architectural drawings, has been reviewed and approved by the Planning Board.

L. Notwithstanding any provision of this chapter, a site plan conforming in all respects to the appropriate provisions of this chapter shall be submitted to the Planning Board for approval.

M. A sign shall be required, indicating the name and telephone number of the manager of the self-storage center.

N. The Planning Board may impose such other conditions as it shall deem necessary to provide for the orderly development of the site.

§ 155-39.1 Short-term rentals.

[Added 9-13-2022 by L.L. No. 2-2022; amended 6-7-2023 by L.L. No. 4-2023]

A. Purpose. The purpose of this section, and of Chapter 126A of the Town Code, is to regulate short-term rentals within the Town of Beekman in a manner that protects the public health, safety, and welfare.

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

IMMEDIATE FAMILY

The "immediate family" of an owner of a dwelling unit shall include the owner's spouse or domestic partner, adult children, parents, adult step-children, father-in-law and mother-in-law.

OWNER

Any person having a fee interest in the real property to be used as a short-term rental. For purposes of a short-term rental, the definition of an owner includes members of the owner's immediate family.

PERSON

A natural person, partnership, corporation, limited-liability company, trust, governmental entity or other legal entity.

PRIMARY RESIDENCE

The domicile and principal dwelling that a person inhabits and resides in for the majority of the year. If title to the property is not held in the name of a natural person, then the following shall apply: if the property is held in the name of a trust, the person that inhabits the residence must be a grantor or a beneficiary of the trust; if the property is held by an entity other than a trust (corporation, limited-liability company, partnership, etc.), the resident must be a majority owner of the entity.

RESIDENT AGENT

A representative of an owner who resides within the designated boundaries within 20 miles of the short-term rental as defined at the time of periodic property registration. All resident agents must be natural persons, at least 21 years of age and shall not be corporations, limited-liability companies or other similar entities.

SHORT-TERM RENTAL

A dwelling made available for rent or lease, or otherwise assigned, for an occupancy of fewer than 30 consecutive days. The term "short-term rental" does not include dormitories, hotel or motel rooms, bed-and-breakfast establishments, or inns as regulated by this chapter, and does not include the use of any accessory structure(s) for dwelling purposes. The following are types of short-term rentals:

(1) Hosted short-term rental. A short-term rental where the owner is residing in the dwelling overnight with their guest(s). A hosted short-term rental shall not include an accessory structure.

(2) Unhosted short-term rental. A short-term rental where the owner is not present in the dwelling overnight with their guest(s) but must designate a resident agent for the property. An unhosted short-term rental shall not include an accessory structure.

C. Subject to the requirements set forth in this section, short-term rentals shall be permitted as follows:

(1) A short-term rental shall only be permitted as an accessory use to a dwelling.

(2) For hosted short-term rentals. The dwelling shall be the primary residence of the property owner.

(3) For unhosted short-term rentals. The owner is limited to one permit per year and the owner must designate a resident agent for the property.

(4) A property owner may only operate a short-term rental on one parcel in the Town.

(5) A short-term rental shall only be permitted within a principal building, not an accessory building.

(6) A short-term rental shall not be permitted on the same lot as an accessory dwelling unit or a home occupation.

(7) Zoning districts. A hosted or unhosted short-term rental shall be a permitted use in any lawful dwelling.

§ 155-40 Storage of unregistered motor vehicles.

[Amended 12-2-2015 by L.L. No. 5-2015]

Unregistered motor vehicles, including but not limited to campers, trailers, motorcycles, ATVs and popups, may be stored in the R-45, R-135, R-90, PH, BH and SC Zones in accordance with the following requirements:

A. One operable unregistered motor vehicle may be located on or next to the driveway when it conforms to the required yard setbacks.

B. Unregistered motor vehicles for sale. No motor vehicle for sale may be left in a required yard overnight except when placed on the driveway, but in no case shall it be put within the right-of-way of a public road.

C. Watercraft, as defined in Chapter 149, shall be considered motor vehicles and may not be stored outdoors unless on a registered trailer.

§ 155-41 Rear lots.

It is the policy of the Town of Beekman to preserve open space and to encourage flexibility for development that is screened from public view. Accordingly, it may be desirable in appropriate circumstances to locate development on rear lots without requiring compliance with the otherwise applicable road frontage requirements set forth in the Schedule of Area and Bulk Regulations,[1] in accordance with the following conditions:

A. Rear lots are allowed in the R-90 and the R-135 Districts and may be approved where they will not endanger public health and safety and will advance the purposes of this chapter, including the preservation of natural and scenic resources.

B. The minimum width between the lot lines containing the driveway to the rear lot must be not less than 40 feet wide along its entire length.

C. At least 100% of the required minimum lot area for a rear lot shall be contained in the area of the rear lot which does not include the area of the minimum accessway to the lot (i.e., 40 feet times the length of the accessway).

D. No two accessways to rear lots may abut. The Planning Board may waive this requirement and allow no more than two abutting accessways to rear lots when such lots are three times the minimum lot size requirement for the zoning district, and in which case the two rear lots shall be served by a common driveway.

E. A driveway entrance must be a minimum of 20 feet, at its closest point, from another existing or proposed adjacent driveway on the same side of the road, except as allowed in Subsection F below.

F. The requirements in Subsections D and E above shall not apply at the closed end of a cul-de-sac, in which case the Planning Board may approve such accessway locations as it finds will meet the objectives of this chapter.

G. Any authorized rear lot must have at least the minimum lot width specified for the zoning district at the building line established on the subdivision plat.

H. In considering the best use of land in a subdivision, the Planning Board may limit the number and location of such rear lots and the length of the accessways, and shall require such other changes in design and layout of the subdivision so that the rear lots will be in keeping with the Town of Beekman Comprehensive Plan.

[1] Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.

§ 155-42 Charitable foundation facility.

A special use permit may be granted for the establishment of a charitable foundation facility. Such facility may be used exclusively to accommodate the administrative operations of foundation staff, as well as to provide for consultations with those assisted by the organization. The facility shall be nonresidential, except that the foundation may establish a caretaker residence within a detached accessory structure. The issuance of the permit is subject to § 155-60 of this chapter and the following conditions must be met:

A. Minimum lot size: five acres.

B. Maximum site coverage by all impervious surfaces including buildings: 25%.

C. Maximum site coverage by buildings: 5%.

D. Minimum setback of parking area(s) from any lot line: 60 feet.

E. Minimum front yard: 100 feet.

F. Minimum side yard: 80 feet.

G. Minimum rear yard: 80 feet.

H. Site plan review shall be coordinated to obtain the recommendations of the Architectural Review Board pertaining to the site plan and building details.

I. Site design, landscaping and all buildings shall harmonize with the natural and built environs in the vicinity of the site.

J. There shall be no outdoor storage of equipment or materials.

K. The living space dedicated to the caretaker residence, if any, shall not exceed 1,500 square feet.

L. The maximum number of foundation executives and staff present at the site at any one time shall not exceed 10.

§ 155-43 Solar energy systems.

[Added 5-8-2019 by L.L. No. 1-2019]

A. Purpose and objectives. Solar Energy Systems ("SES") are expected to proliferate in the coming years. This equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Town of Beekman and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Town. This section regulates SES installations in the Town to ensure that any such energy system is designed, located, and installed in accordance with sound planning by:

(1) Promoting the health, safety and welfare of the residents of the Town.

(2) Minimizing the adverse visual effects of alternative energy systems and protecting the natural features, aesthetics and residential character of the Town through careful planning, design, location, buffering, and screening.

(3) Avoiding potential damage to adjacent properties from SES through careful engineering and reasonable siting of energy system structures.

B. All ground-mounted SES shall be fully screened from view from all adjacent properties and roads at all times and in all seasons to the greatest extent practicable. Such screening may consist of fencing, evergreen plantings, a combination of evergreen and deciduous plantings, or all of the foregoing, as determined to be appropriate by the Planning Board, if site plan approval is required by this section, or as determined by the Zoning Administrator if site plan approval is not required. Plantings used for screening shall be of such a height, width and type, at the time of planting, so as to obscure the SES from view. All screening shall be required to be maintained throughout the duration of the use.

C. No SES shall be designed, located or operated so as to impede the function of any other SES or of any radio or microwave communication device.

D. No SES shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the SES.

E. All SES shall be maintained in good working order.

F. For purposes of this section, any SES located on the same lot as any other SES shall be presumed to constitute only one SES, for determining square footage and compliance with any other requirements of this section or of Town Code.

G. All SES shall meet all applicable provisions of New York's Uniform Fire Prevention and Building Code Standards. In the event that that Code contains more restrictive regulations for energy systems than those set forth herein, and/or if the regulations conflict, then the provisions of that Code shall prevail.

H. No more than 15% of the total existing brush, trees and other vegetation on a parcel of property may be removed in order to accommodate an SES.

I. All SES shall be designed to avoid glare and reflection onto adjacent properties and roadways, and shall not interfere with traffic or create a safety hazard.

J. For ground-mounted SES of less than 10,000 square feet, fencing of at least six feet in height shall be placed around the utility meter. For ground-mounted SES of more than 10,000 square feet, waterproof signage clearly identifying the location of the DC disconnect switch shall be placed immediately adjacent to and/or in close proximity to the utility meter. Notification, with a location map, shall be sent to the Beekman Fire District.

K. Lot coverage. The total area of the site occupied by ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.

L. No part of the SES shall exceed 10 feet in height above the average finished grade of the portion of the site on which the SES will be located.

M. Verification of utility notification. Each applicant for an SES shall submit a copy of their application to the public electrical utility. Foreseeable infrastructure upgrades shall be documented and submitted and shall be subject to approval by the Planning Board. No building permit will issue for a Large-Scale Energy System until such time as the electrical utility has indicated it will accept power from the SES. Off-grid systems are exempt from this requirement.

N. Permitted uses.

(1) Roof-mounted SES are permitted as an accessory use in all districts, without site plan approval, provided such systems meet the following standards:

(a) SES on a peaked, pitched, gable, hip, or mansard roof shall be mounted parallel to and no more than 18 inches above the roof surface.

(b) SES on flat roofs having no parapet shall not extend more than three feet above the height of the roof.

(c) SES on flat roofs with a parapet shall not extend above the height of the parapet, or above three feet, whichever is greater.

(d) All utility services and electrical wiring shall be placed within conduit securely attached to the roof and walls. Where existing utility services and electrical wiring are located underground, all utility services and electrical wiring for the SES also shall be located underground.

(e) A roof-mounted SES may be added to an existing lawful nonconforming building without requiring that the building be brought into compliance with current zoning requirements.

(2) Small-scale SES are permitted as an accessory use in the C-3 Mixed Commercial - Light Industrial District, provided that such systems meet the following standards:

(a) Site plan approval shall be required.

(b) SES shall meet the minimum setback requirements for a principal structure for the zoning district in which the lot is located.

(c) Ground-mounted SES shall be located only in a side yard or rear yard and are prohibited in any front yard. They shall be located behind the front line of any principal structure.

(3) Large-scale ground-mounted SES are permitted in the C-3 Mixed Commercial - Light Industrial District, subject to the following conditions:

(a) All large-scale SES shall require both site plan and special use permit approval from the Planning Board.

(b) All access roads for large-scale SES shall comply with minimum driveway specifications.

(c) To the greatest extent possible, the land under all large-scale SES shall be seeded with a pollinator-friendly wildflower mix.

(d) If the property on which the large-scale SES is proposed to be located is to be leased by any individual or entity other than the record owner of the property, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, and including provision for the mandatory remediation of the property after the use is concluded as set forth herein, shall be submitted to the Planning Board for review. Notification shall be provided within 30 days to the Planning Board of any changes to the document(s), and such changes may, at the Planning Board's sole discretion, constitute grounds for revocation of the special use permit. In addition, failure to provide timely notice of any changes to the document(s) to the Planning Board also may, at the Planning Board's sole discretion, constitute grounds for revocation of the special use permit.

(e) Notwithstanding any other provisions of this section, Large-Scale Energy Systems are considered abandoned after 12 months without electrical energy generation and must be removed from the property.

(f) To ensure the proper removal of large-scale SES, and the remediation of the property on which the SES is located, a decommissioning plan shall be submitted as part of the site plan application. The decommissioning plan shall be acceptable in form and substance to the Town Attorney and the Town Engineer. Compliance with this plan shall be a condition of the issuance of a special use permit under this section, and any failure to comply with any of the terms of the decommissioning plan at any time shall constitute grounds for revocation of the special use permit. Removal of large-scale SES must be completed in accordance with the approved decommissioning plan. The decommissioning plan shall contain the following provisions:

[1] The decommissioning plan shall specify that, upon the cessation of the use, the SES shall be removed from the property and the property shall be remediated, meaning that the soil and vegetation shall be returned to the condition existing prior to construction of the SES, to the greatest extent practicable. Such removal and remediation may be performed by the applicant, property owner, lessee or any subsequent owner or lessee.

[2] The decommissioning plan shall recite the fact that, upon the failure or inadequacy of the bond or guarantee specified in this section, any cost of removal and remediation not covered thereby shall be the responsibility of the applicant and/or owner of the property, jointly and severally, and any unpaid sums shall become a lien upon the property.

[3] The decommissioning plan shall be executed by the applicant and, if different, the owner of the property.

(g) An estimate detailing the projected cost of executing the decommissioning plan shall be prepared and stamped by a licensed professional engineer and submitted to the Planning Board as part of the site plan application. Cost estimations shall take into account anticipated inflation.

(h) Prior to issuance of a building permit for the SES, or any site work, clearing or grading in connection therewith, the applicant shall post a performance bond or other guarantee in an amount that is 110% of the anticipated cost to remove the SES from the property and remediate the site. The bond or guarantee shall be in form and substance satisfactory to the Town Attorney, in an amount approved by the Town Board. The guarantee must remain in effect until the system is removed and the site remediated.

(i) Prior to removal of any portion of a large-scale SES, a demolition permit shall be obtained from the Town.

(j) If any large-scale SES ceases to perform its originally-intended function for more than 12 consecutive months, the SES shall be deemed to be abandoned and any permits, variances or approvals associated therewith shall lapse.

(k) The Town shall notify the applicant and the property owner of any deemed abandonment of an SES. The applicant or the property owner shall commence the removal of the abandoned SES and the remediation of the site no later than 90 days following such notice.

(l) If the applicant or owner shall refuse or fail to remove the SES as required by the provisions of this section, the decommissioning agreement or as otherwise required by law, the Town may cause the removal of the SES and the restoration of the property. The Town shall first look to the bond to cover or reimburse the Town for the cost of such removal. If the bond amount is insufficient, or if the bond is found to be deficient in any way, the cost of removal shall become a lien upon the property.

(4) Solar energy systems for farm operations. The following regulations apply to land located within a designated agricultural district and which is currently being used as a farm operation, as that phrase is defined in New York State Agriculture and Markets Law. The existence of an agricultural tax exemption granted by New York State shall constitute prima facie evidence of such use.

(a) The provisions of this Subsection D shall only apply if the proposed SES will not generate more than 110% of the energy needs for the farm operation. If the SES is proposed to generate more than 110% of the energy needs for the farm operation, the provisions of Subsection C, for large-scale SES, shall apply.

(b) A special use permit shall not be required.

(c) Modified site plan approval by the Planning Board shall be required, as follows:

[1] The name and address of the applicant and any professional advisors shall be provided. If the applicant is not the owner of the property, the authorization of the owner shall be provided.

[2] A short-form Environmental Assessment Form shall be submitted as part of the application for site plan review.

[3] The site plan shall, at minimum, provide the following information:

[a] The location of the parcel on a location map (e.g., Tax Map) showing boundaries of the parcel;

[b] The dimensions of the parcel;

[c] The identity of all contiguous properties;

[d] The location of any known easements or rights-of-way;

[e] The location of any roadways within or bordering the parcel;

[f] The existing features of the site, including land and water areas, water or sewer systems, utility lines, and the approximate location of all existing structures on or immediately adjacent to the site; and

[g] The proposed location and arrangement of the SES on the site.

[4] The manufacturer's specification sheets, plans or drawings for the SES shall be provided as part of the initial application.

[5] A description of the project and a narrative of the intended use of the proposed SES, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes, shall be supplied.

[6] The application shall include a legible electrical diagram, using unique line characteristics and standard symbols to clearly describe the SES as it will be installed. The diagram must show all major system components from the solar device to the utility meter.

[7] A visual impact assessment shall not be required.

(d) A building permit shall be required prior to the installation of any structures.

(e) Compliance with all applicable New York State Fire Prevention and Building Code requirements is mandated.

(f) Minimum setbacks and height restrictions for the proposed SES shall be the same as for any on-farm building, as that phrase is used in New York State Agriculture and Markets Law.

§ 155-44 through § 155-45. (Reserved)