Town of Union Vale, NY Article VI Special Permit Uses

§ 210-53 Requirement for special use permit.

A. All special permit uses cited in the District Schedule of Use Regulations set forth in Article III of this chapter shall be subject to review and approval by the Planning Board in accordance with § 274-b of the Town Law and the standards, requirements and procedures set forth in this article.

B. In all cases where this chapter requires special use permit authorization by the Planning Board, an Application for Special Use Permit shall be initially submitted to the Code Enforcement Officer and referred by the Code Enforcement Officer to the Planning Board for its consideration. No building permit or certificate of occupancy may be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved and conditions imposed by the Planning Board.

C. In accordance with the District Schedule of Use Regulations, certain uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter, or in the instance of those special use permits required to authorize the use of certain residential subdivision and other land development techniques additionally subject to subdivision plat review and approval pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale.

§ 210-54 Standards for certain residential subdivision and other land development techniques.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The Planning Board shall apply the below standards in considering special permit authorization of the use of certain residential subdivision and other land development techniques during subsequent subdivision plat review and approval and/or site plan review and approval processes in accordance with Chapter 192, Subdivision of Land, and/or Article VII of this chapter, respectively.

A. Airport residential subdivision. The Planning Board may by special permit allow the application of airport residential subdivision criteria to a specific parcel in the RA3 District, provided that:

(1) The proposed subdivision is consistent with all dimensional parameters for the RA3 District as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter.

(2) The proposed subdivision, including the intended use of the subdivided lots, is consistent with the definition of "airport residential subdivision" set forth within Article XII, § 210-86A, of this chapter.

(3) Application of airport residential subdivision criteria will in the opinion of the Planning Board contribute to achievement of the purposes of the Airport (A) District as set forth at Article V, § 210-47A, of this chapter.

B. Average density subdivision. The Planning Board may by special permit allow the application of average density subdivision criteria to a specific parcel in the RD10, RA5 or RA3 Districts, provided that:

(1) The proposed subdivision is consistent with all dimensional parameters for the pertinent zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, except as modified as to minimum lot area pursuant to § 210-20A(2) therein.

(2) The proposed subdivision is consistent with all other criteria for an average density subdivision as elsewhere set forth either within Article IV, § 210-20A, or by definition at Article XII, § 210-86A, of this chapter.

(3) Application of average density subdivision criteria will in the opinion of the Planning Board be beneficial in achieving the intent of the pertinent RD10, RA5 or RA3 District as stated within Article II, § 210-5B, of this chapter.

(4) To the extent such may be applicable to the subdivision parcel, application of the average density subdivision criteria will in the opinion of the Planning Board be beneficial in achieving the objectives and/or extraordinary standards of the Environmental Resource Overlay (ER-O) and/or Scenic Corridor Overlay (SC-O) Districts as stated within Article V, §§ 210-48 and 210-49, respectively, of this chapter.

(5) Application of average density subdivision criteria will in the opinion of the Planning Board does not cause any significant adverse effects on the environment that would be either avoided or more fully mitigated were an alternative residential development technique authorized within the pertinent RD10, RA5 or RA3 District employed.

C. Conventional subdivision. The Planning Board may by special permit authorize the application of conventional subdivision criteria to a specific parcel in the RD10, RA5, or RA3 Districts, provided that:

(1) The proposed subdivision is consistent with the dimensional parameters for the pertinent zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter.

(2) Application of conventional subdivision criteria will in the opinion of the Planning Board not be inconsistent with the intent of the pertinent RD10, RA5, or RA3 District as stated within Article II, § 210-5B, of this chapter.

(3) To the extent such may be applicable to the subdivision parcel, application of conventional subdivision criteria will in the opinion of the Planning Board neither inconsistent with the objectives nor inimical to satisfaction of the extraordinary standards of the Environmental Resource Overlay (ER-O) and/or Scenic Corridor (SC-O) Districts as stated within Article V, §§ 210-48 and 210-49, respectively, of this chapter.

(4) Application of conventional subdivision criteria will in the opinion of the Planning Board not cause any significant adverse effects on the environment that would be either be avoided or more fully mitigated were an alternative residential development technique authorized within the pertinent RD10, RA5, or RA3 District employed.

D. Open area development. The Planning Board may by special permit authorize the application of open area development criteria to a specific parcel or joint parcels in the RD10, RA5, TC or A Districts, provided that:

(1) The minimum affected acreage shall be 250 acres within the RD10 District, 100 acres within the RA5 District, and 10 acres within either the Town Center (TC) or Airport (A) Districts.

(2) If the intended use of the property is residential, the employ of open area development concept will in the opinion of the Planning Board facilitate the implementation of either a conservation subdivision or a residential cluster development, either as defined within Article XII, § 210-86A, of this chapter and otherwise regulated herein.

(3) Application of the open area development concept will in the opinion of the Planning Board be beneficial in achieving the intent of the pertinent RD10, RA5, TC or A District as stated within Article II, § 210-5B, of this chapter.

(4) Application of the open development area concept will in the opinion of the Planning Board does not cause any significant adverse effects on the environment that would be avoided were the flexibility provided by the concept in terms of private roadway access and permitted lot frontage on a private roadway instead of public roadway not employed. All private roads shall be designed and built pursuant to the Town of Union Vale Driveway and Highway Standards (Chapter 111, Driveways, and Chapter A215, Street Specifications) as may be adopted or amended.

(5) Upon recommendation of the Planning Board, the open development area is created by the Town Board in accordance with the requirements and procedure set forth within § 280-a, Subdivision 4, of the Town Law.[1]

[1] Editor's Note: Former Subsection E, regarding planned mixed use development, which immediately followed, was repealed 1-18-2023 by L.L. No. 1-2023.

§ 210-55 General standards applicable to all other special permit uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

A. In authorizing any special permit use, the Planning Board shall take into account the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take into strict account the additional specific standards and requirements set forth in §§ 210-56 through 210-58 of this article for certain uses, applicable supplementary regulations stated in Article V of this chapter, and the following general objectives for any use requiring special use permit authorization by the Planning Board:

(1) The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roadways providing access shall be in harmony with the orderly development of the district in which the use is located.

(2) The location, nature and height of the buildings, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(3) All proposed traffic access ways should be adequate but not excessive in number, adequate in width, grade, alignment and visibility and sufficiently separated from street intersections and places of public assembly, and meet similar safety considerations.

(4) Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent the parking in public streets of the vehicles of persons associated with or visiting the use.

(5) All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.

(6) All proposed buildings, structures, equipment and/or material should be readily accessible for fire and police protection.

(7) The character and appearance of the proposed use, buildings, structures and/or signs shall be in harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason on noise, fumes, vibration or lighting than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of Union Vale.

(8) The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the Supplementary Regulations set forth within Article V of this chapter, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.

(9) The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include highway access, the suitability of water supply, both for domestic use and emergency purposes, and sanitary sewage facilities to accommodate the intended use.

(10) The use shall be carried out in a manner compatible with its environmental setting and with due consideration to the protection of natural resources, water resources both onsite and offsite, and avoidance or mitigation of traffic impacts.

B. The Planning Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary in its opinion to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be reasonably monitored and enforced.

§ 210-56 Additional standards and requirements for certain special permit uses.

[Amended 4-3-2003 by L.L. No. 2-2003; 3-11-2010 by L.L. No. 12-2010; 8-15-2013 by L.L. No. 2-2013; 10-6-2016 by L.L. No. 3-2016; 1-18-2023 by L.L. No. 1-2023]

In addition to the general standards stated above and the site plan design criteria and review considerations stated in §§ 210-64 and 210-65, respectively, of this chapter, the following specific requirements shall be complied with for the particular special permit uses cited below:

A. Residential principal uses:

(1) Single-family dwelling. A single-family dwelling shall be allowed by special permit in the TC District, on an individual lot, within a conservation subdivision, or in a minor subdivision provided that:

(2) Two-family dwelling. A two-family dwelling shall be allowed by special permit in the RA5 and RD10 Districts, provided that:

(a) A minimum lot area, or density equivalent, and other area and bulk standards as otherwise applicable to the RA3 District or R1.5 District, respectively, are met.

(b) The two-family dwelling is developed on a lot of not less than eight acres within the RA5 District or 12 acres within the RD10 District.

(3) Multifamily and Townhouse dwelling. A multifamily or townhouse dwelling shall be allowed by special permit in the TC District, provided that:

(a) The multifamily or townhouse use meets all design and dimensional requirements of this subsection and the Planning Board has issued a special use permit and granted site plan approval.

(b) The multifamily and townhouse dwellings severally occupy not more than 20% of the land area of the parcel nor more than 50% of such land area in combination with any other residential occupancy that may be authorized.

(c) The multifamily and townhouse dwellings shall not exceed a density of one dwelling per 0.5 acres pursuant to Attachment 2.[1]

[1] Editor's Note: Attachment 2, the District Schedule of Use Regulations/Commercial Districts, is included as an attachment to this chapter.

(d) No individual multifamily dwelling structures shall exceed 12 dwelling units.

(e) The multifamily and townhouse dwelling(s) shall be served by central water supply and common sewage disposal facilities provided in accordance with the requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Department of Health.

(f) All multifamily and townhouse developments shall consist of structures of an architectural style that emulates single-family residences in building design, entrance, and other architectural details. Buildings should vary in appearance but share a common design style. Building details, including roof forms, siding materials, windows, doors, and trim shall reflect a similar level of quality and architectural detailing on all sides facing or seen from the street. The street-facing front facades of buildings shall provide variation in elevation, facade and design features such as one or more of the following:

[1] A covered porch;

[2] A recessed entrance;

[3] One or more dormer windows or cupolas;

[4] Pillars, posts, or pilasters;

[5] One or more bay windows;

[6] Eaves projecting at least four inches from the facade plane;

[7] Raised corniced parapets over the entrance door;

(g) A complete landscape plan shall be provided as part of the application for a multifamily structure. Streetscape amenities and landscaping shall be provided for and shown on such plan. The plan shall maximize maintenance of existing natural features or otherwise enhances open space. The Planning Board may require a landscape plan to use a diversity of native species and other amenities including but not limited to sidewalks, street furniture, illumination, crosswalks, and preservation of existing specimen trees. All landscaping approved of by the Planning Board shall be maintained long-term. The Planning Board shall require, as a condition of approval, a landscape maintenance plan.

(h) The Planning Board may require pedestrian facilities, including walking or bicycle trails, bike parking areas, recreation areas or other types of common use areas. All such areas shall be connected on the parcel to provide easy access from all units. When a walking or bike trail is provided on a parcel where a trail already exists, any new trail shall be connected to such existing facilities.

(i) No short-term rental use shall be allowed in a multifamily dwelling.

(j) When more than one multifamily structure is proposed for a site, the site layout for such development shall be in accordance with site design and open space criteria of § 210-32.

(k) All multifamily and townhouse development sites shall include landscaping or other features that serve to visually buffer, screen and reduce noise impacts year-round. This may be accomplished through maintenance of existing topography and trees, and/or the addition of landscaping using native and pollinator-friendly species, vegetated berms, fencing, or a combination.

(4) Boarding, rooming or lodging house. A boarding, rooming or lodging house shall be allowed by special permit in the H District, provided that:

(a) The boarding, rooming or lodging house uses occurs within what is otherwise an owner-occupied single-family dwelling and shall not be located in a structure in whole or in part a commercial premises.

(b) The boarding, rooming or lodging house is located on a single lot with lot area of no less than the minimum specified for the zoning district in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter.

(c) In addition to parking required for the residence, at least one additional off-street parking space is provided for each room offered for rent.

(5) Elderly or senior citizen housing. An elderly or senior citizen housing development shall be allowed by special permit in the RD10, RA5, RA3, provided that:

(a) The development site shall be a single parcel with a minimum area of 25 acres within the RD10 or RA5 Districts or 15 acres within the RA3 Districts, with the required minimum acreage including not more than 25% of any portion of the proposed elderly housing site that is designated as freshwater wetlands, under water or subject to periodic flooding, as discussed in Article IV, § 210-22, of this chapter.

(b) The development is an integral part of a development for which the Planning Board has issued a special use permit and granted site plan approval.

(c) The development includes outdoor recreation and open space area for the exclusive use of the residents of the elderly or housing development, such lands totaling not less than 4,000 square feet per dwelling unit.

(d) The site shall be provided with adequate central water supply and common sewage disposal facilities in accordance with the requirements of the Town of Union Vale, the Dutchess County Department of Health and the New York State Department of Environmental Conservation.

(e) The maximum density shall not exceed one dwelling unit per gross acre in the RD10 District, two dwelling units per gross acre in the RA5 District, and three dwelling units per gross acre in the RA3 District.

(f) The development shall be sited and designed pursuant to § 210-32 or clustered even though individual lots are not to be established to provide a conveniently serviced development pattern and to provide usable open space for the development's residents.

(g) Except where an integral part of a Life Care Community, the maximum number of dwelling units within an individual senior citizen or elderly housing development shall be 60 dwelling units.

(h) One and two-tenths parking spaces shall be provided for each senior citizen or elderly dwelling unit to accommodate residents, guests and staff.

(i) Except in the case of when senior housing is within a conservation subdivision or designed pursuant to § 210-32 when there is no subdivision taking place, the minimum front, side and rear yards otherwise applicable to either building or parking area improvements within the zoning district in which the senior citizen or elderly housing development is situated shall be doubled, i.e., increased by 100%.

(j) Maximum structure coverage shall meet requirements for the applicable zoning district pursuant to Attachment 1.[2]

[2] Editor's Note: Attachment 1, District Schedule of Area and Bulk Regulations: Residential and Commercial Districts, is included as an attachment to this chapter.

(k) Available on-site support services and facilities provided independently by the sponsor of the elderly or senior citizen housing development or through affiliation with a hospital, nursing home or other qualified health service provider shall include, but not necessarily be limited to the following:

[1] Community room.

[2] Recreational opportunities.

[3] Property maintenance and security.

[4] Twenty-four-hour call button.

[5] Emergency medical care.

[6] Optional meals and laundry service.

[7] Shuttle-type transportation service for shopping, recreation, health care visits and other purposes.

(l) Not less than 25% of the dwelling units within the senior citizen or elderly housing development shall be designed to be adaptable as suitable, convenient living environments for handicapped persons. Furthermore, the project site and all primary entrances, hallways and entrances to individual units shall be wheelchair and handicapped accessible.

(m) Pursuant to a demonstration of need by the Town, and to the extent any federal, state or private subsidies either may be or may become available to subsidize the rents of lower-income elderly persons and households, the project sponsor shall cooperate as an expressed condition of the special use permit approval and the certificate of occupancy with the Town of Union Vale and other interested agencies in securing such subsidies for up to 40% of the dwelling units within the senior citizen or elderly housing development.

(6) Enriched housing for the elderly. Enriched housing for the elderly shall be a type of residence allowed by special permit in the RD10, RA5 and RA3 Districts, provided that:

(a) If established as an independent principal use, the residence shall be established through either adaptive reuse of a nonresidential structure or conversion of a dwelling existing at the time of enactment of this chapter on a single lot with a lot area of no less than the minimum specified for the zoning district in Article IV, § 210-11, District Schedule of Area and Bulk Regulations.

(b) Alternately, the residence may be established through either conversion of an existing structure or new construction on the premises of a Life Care Community for which the Planning Board has issued a special use permit. In such instance, a minimum land area of three acres shall for density purposes be considered to be set aside for each such residence.

(c) The residence shall be noninstitutional in appearance, integrated to the extent practicable with the community, and designed to serve no more than eight residents.

(d) The sponsor of the residence shall make available each of the following services for its residents:

[1] Meals.

[2] Housekeeping.

[3] Personal care.

[4] Social and emotional support services.

[5] Assistance in shopping for personal needs.

[6] Assistance in doing laundry.

[7] Arrangements for essential transportation.

[8] Leisure activities.

[9] Established protocols for dealing with emergencies and obtaining medical care.

(e) Approval has been granted by the Dutchess County Health Department for sanitary sewage disposal and water supply facilities serving the residence.

(f) The residence is in full compliance with the New York State Uniform Fire Prevention and Building Code and other applicable codes, laws, rules and regulations that may be imposed by a county or state regulatory or permitting agency.

B. Residential accessory uses:

(1) Accessory apartment within single-family dwelling. An accessory apartment within a single-family dwelling shall be allowed through either conversion in the TC District by special permit and site plan review, or new construction by special permit in both any residential district and the NC District, provided that the following criteria are met:

(a) If the accessory apartment is created through conversion of space within an existing single-family dwelling, the following criteria are met:

[1] The single-family dwelling is owner-occupied at the time of the conversion and either the principal dwelling unit or the accessory apartment will forever be owner-occupied.

[2] Each principal single-family dwelling and accessory apartment is, at the time of conversion, on a single lot with lot area of not less than either the minimum acreage for the zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, or three acres, whichever is less restrictive.

[3] The accessory apartment is subordinate to the principal dwelling unit and contains no more than 35% of the total habitable floor area of the existing structure prior to construction of the accessory apartment or 1,000 square feet of habitable floor area, whichever is the more restrictive.

[4] No exterior changes are made which will either alter or extend the foundation area of the dwelling or substantially modify the appearance of the structure as a single-family dwelling.

[5] The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).

[6] Any additional exterior entrances created shall be located at the side or rear of the dwelling.

[7] The accessory apartment contains a minimum habitable floor area of 450 square feet.

[8] The accessory apartment shall be limited to two bedrooms.

[9] The conversion of any existing single-family dwelling to accommodate an accessory apartment, as defined herein and in Article XII, § 210-86A, of this chapter, is limited to one accessory apartment per principal dwelling unit.

[10] A total of four parking spaces, as required at Article V, § 210-25, of this chapter for a principal single-family dwelling and accessory apartment, shall be provided, such parking spaces to be designed and located so as to be convenient without encroaching on any required yard or parking setback area.

[11] Approval has been granted by the Dutchess County Health Department for any required on-site sanitary sewage or water supply facilities, and, as may be deemed applicable by the Planning Board, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sanitary sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on the premises where such conversion is proposed. The above notwithstanding, should there subsequently develop a problem with either the water supply or the sanitary sewage facilities, failure to promptly correct the problem will be grounds for immediate revocation of the special use permit.

[12] In the TC District, conversion of existing space into an accessory dwelling unit counts towards total density and cannot exceed maximums in the subdivision or development.

(b) If the accessory apartment is created through new construction at the time of construction of the principal single-family dwelling, the following criteria are met:

[1] The principal dwelling unit shall be intended to be owner-occupied and either the principal dwelling unit or the accessory apartment will forever be required to be owner-occupied.

[2] The principal dwelling unit and accessory apartment are located on a single lot with lot area of not less than the minimum acreage for the zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter. The lot may not be an existing noncomplying lot of less than prescribed lot area.

[3] The accessory apartment is subordinate to the principal dwelling unit, with habitable floor area no more than 35% of the total habitable floor area of the principal dwelling or 1,000 square feet of habitable floor area, whichever is the more restrictive.

[4] The appearance of the structure will be of a single-family dwelling and the structure will not include within the front elevation an access door to the accessory apartment.

[5] The accessory apartment shall be self-contained, with separate cooking, sleeping and sanitary facilities.

[6] The accessory apartment contains a minimum habitable floor area of 450 square feet.

[7] The accessory apartment shall be limited to two bedrooms.

[8] The construction is limited to one principal dwelling unit and one accessory apartment, each as defined herein and in Article XII, § 210-86A, of this chapter.

[9] A total of four parking spaces, as required at Article V, § 210-25, of this chapter for a principal single-family dwelling and accessory apartment, shall be provided, such parking spaces to be designed and located so as to be convenient without encroaching on any required yard or parking setback area.

[10] Approval has been granted by the Dutchess County Health Department for required on-site water supply and sanitary sewage facilities in consideration of the combined requirements of both the principal single-family dwelling and the accessory apartment.

[11] In the TC District, use of existing space as an accessory dwelling unit counts towards total density and cannot exceed maximums in the subdivision or development.

(2) Accessory apartment within nondwelling structure on residential premises. An accessory apartment within a separate nondwelling structure on a single-family premises shall be allowed by special permit, provided that:

(a) The principal single-family dwelling and the nondwelling structure proposed for conversion shall be located on a single lot of not less than 80% of the minimum lot area requirement set forth within the District Schedule of Area and Bulk Regulations for the zoning district if located within the RD10 or RA5 Districts and 100% of the minimum lot area requirement set forth within the District Schedule of Area and Bulk Regulations for the zoning district if located within the RA3, R1.5, R1 or H Districts.

(b) No exterior changes shall be made which will extend the existing foundation of the accessory structure more than 100 square feet to accommodate the accessory apartment or otherwise modify the exterior appearance of the structure if it is a building form indigenous to a rural area.

(c) The principal dwelling unit on the premises is and shall continue to be owner-occupied.

(d) The accessory apartment shall comply in its entirety with the provisions of above § 210-56B(1)(b)[3], [5] through [7] and [9], as otherwise applicable to an accessory apartment created through new construction.

(e) Dutchess County Health Department approval has been secured for intended water supply and sanitary sewage arrangements to serve the accessory apartment.

(f) Except in the case of the conversion of a nondwelling structure within the RD10 or RA5 District which has legally existed for a period of at least 10 calendar years prior to the date of application for authorization of conversion in whole or in part to an accessory apartment, the nondwelling structure shall comply by its location with the minimum setback requirements for a principal dwelling as set forth within the District Schedule of Area and Bulk Regulations for the zoning district in which it is located. In the case of the cited exception, the nondwelling structure shall comply with not less than 50% of the minimum setback requirements for a principal dwelling as set forth within the District Schedule of Area and Bulk Regulations for the zoning district in which it is located.

(g) In no case shall there be more than one accessory apartment, whether located within the single-family dwelling or within a nondwelling structure, on a single-family premises.

(3) Caretaker's cottage. A caretaker's cottage shall be allowed by special permit as an accessory use within the RD10, RA5 and RA3 Districts, provided that:

(a) The principal dwelling to which the caretaker's cottage is accessory is located on a lot or parcel with a minimum land area of 25 acres.

(b) Access from the public roadway to the caretaker's cottage is provided in common with the principal dwelling.

(c) The caretaker's cottage shall satisfy all setback requirements specified in the District Schedule of Area and Bulk Regulations for a principal structure within the zoning district.

(d) The caretaker's cottage shall not exceed 2,000 square feet in habitable floor area.

(e) Dutchess County Health Department approval has been secured for water supply and sanitary sewage arrangements to serve the caretaker's cottage, such facilities to be independent of facilities serving the principal dwelling.

(4) Family day care home. A family day care home, as defined within Article XII, § 210-86A, of this chapter and § 390 of the NYS Social Services Law, shall be allowed by special permit in both any residential district and the NC District, provided that:

(a) The single-family dwelling within which the family day care home use will be carried out is owner-occupied, with the operator of the family day care home being the owner or one of the owners thereof.

(b) The single-family dwelling is located on a complying lot of not less than the minimum lot area set forth for the zoning district within the District Schedule of Area and Bulk Regulations.

(c) Off-street parking is provided for both the residential and family day care home uses and signage is limited as set forth within Article V, §§ 210-25 and 210-26, respectively, of this chapter.

(5) Guest cottage. A guest cottage, as defined in Article XII, § 210-86A, of this chapter, shall be allowed by special permit in the RD10 and RA5 Districts, provided that:

(a) The maximum habitable floor area of the guest cottage shall be 600 square feet.

(b) Not more than one guest cottage shall be authorized as an accessory use to a principal dwelling, whether located on the same residential premise or on an adjacent undeveloped parcel in the same ownership.

(c) The guest cottage shall be supported by water supply and sanitary sewage disposal facilities deemed suitable by the Dutchess County Health Department, which facilities may at the discretion of the Health Department be shared with the principal dwelling, if located on the same premises.

(d) The guest cottage shall be in compliance with all applicable provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances, rules and regulations shall be complied with and both a building permit, where applicable, and a certificate of occupancy shall be secured before occupancy.

(e) The guest cottage shall satisfy all setback requirements specified in the District Schedule of Area and Bulk Regulations for a principal structure within the zoning district.

(f) The principal dwelling unit to which the guest cottage is accessory and the guest cottage shall be sited on a minimum parcel of 10 acres if located on the same lot. The guest cottage, if situated on an adjacent parcel in the same ownership, shall be located on a lot of not less than the minimum land area specified for the zoning district within the District Schedule of Area and Bulk Regulations.

(6) Group family day care home. A group family day care home, as defined in Article XII, § 210-86A, of this chapter and § 390 of the NYS Social Services Law, shall be allowed by special permit in both any residential district and the NC District, provided that:

(a) The single-family dwelling within which the group family day care home use will be carried out is owner-occupied, with the operator of the group family day care home being the owner or one of the owners thereof.

(b) The single-family dwelling is located on a complying lot of not less than the minimum land area set forth for the zoning district within the District Schedule of Area and Bulk Regulations.

(c) Off-street parking is provided for both the residential and group family day care home uses and signage is limited as set forth within Article V, §§ 210-25 and 210-26, respectively, of this chapter.

(d) Approval has been granted by the Dutchess County Health Department for sanitary sewage and water supply facilities, including, as may be determined applicable by the Planning Board, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sanitary sewage facilities are sufficient to accommodate the additional demands of the group family day care home on the residential premises where such accessory use is proposed.

(7) Home occupation, Class 2. A Class 2 home occupation, whether occurring within a customary accessory building, located within the principal dwelling but requiring the outdoor storage of either materials or equipment used in connection with the home occupation, or both located within an accessory building and requiring the outside storage of either materials or equipment, shall be allowed by special permit in the RD10, RA5, RA3 and NC Districts, provided that:

(a) The home occupation conforms strictly to the limitations relating to all home occupations specified within Article V, § 210-31, and to the definition found at Article XII, § 210-86A, of this chapter.

(b) The lot on which the home occupation is proposed meets the minimum lot area requirements set forth in the District Schedule of Area and Bulk Regulations for the zoning district and that the accessory structure proposed to house the home occupation similarly meets all setback and related requirements set forth within this chapter.

(c) The home occupation shall have direct access to a state or county highway or on a through Town roadway, other than a residential subdivision street. Such access shall be via an individual driveway except where specifically authorized in writing by all other users of a common driveway or private roadway.

(d) Materials and equipment actively used in connection with the home occupation shall be stored indoors to the extent practicable. Where such storage cannot be reasonably provided, the materials and equipment shall be screened from public rights-of-way and neighboring properties by intervening landform and/or vegetation through all seasons of the year and stored in a manner such that they do not pose a nuisance to adjacent property owners. In no event may any such outdoor storage of materials or equipment occur within the front yard of the premises or within 50 feet of any property boundary, whichever be the more restrictive.

(e) Any storage of commercial vehicles associated with the home occupation shall comply with the regulations set forth at Article V, § 210-43, of this chapter, regarding outdoor storage, including the storage of commercial vehicles in excess of 20 feet in length, in a residential district.

(8) Roadside stand. A roadside stand shall be allowed by special permit in the RD10, RA5, RA3 and TC Districts, provided that the criteria set forth at Article V, § 210-41, of this chapter are met.

(9) Wind energy system. Windmills, wind turbines or similar components of a wind energy system shall be allowed by special permit in the RD10 and RA5 Districts, provided that:

(a) The wind energy system shall be incidental to and fully located on the same parcel as the permitted principal residential or farm use that will exclusively derive all or some portion of its energy supply from the wind source.

(b) No component of the wind energy system shall extend more than 80 feet above naturally occurring grade as measured from either the base of the windmill or other facility or at grade level of the building to which it is attached.

(c) No component of the wind energy system shall be located within 100 feet of a public or private roadway or property boundary.

(d) As may be required pursuant to Article V, § 210-48, Subsection D, of this chapter, a certificate of visual compatibility is obtained.

(10) Ground-mounted solar systems. Accessory ground-mounted solar systems shall be allowed by special permit in all residential districts, provided that:

(a) Except for the RD10 District, ground-mounted solar systems shall not be permitted in a front yard or within the area between the front wall of a residential structure and the front property line, whichever is greater.

(b) Ground-mounted solar systems shall comply with the side and rear yard requirements of the Zoning District in which the property is located.

(c) Ground-mounted solar systems shall not exceed the area dimensions of the principal residential structure located on the parcel.

(d) Ground-mounted solar systems shall not exceed 12 feet in height.

(e) Site plan approval is required.

(f) The Planning Board is authorized to require landscaping and/or fencing or a combination of both around the portion of the system between the panels and the ground to offset visual impacts to adjacent properties and roads. Plantings should consist of deciduous or evergreen plantings in order to achieve year-round screening.

(g) General placement of ground-mounted solar systems should be done in a manner which maximizes distance from adjacent properties to ensure that the installation does not seek to minimize impact to the applicant at the expense of adjacent properties. The Planning Board has authority to increase the setback requirements to accomplish this goal.

(h) Lot coverage. The surface area of a ground-mounted solar system shall be included in lot coverage and impervious surface calculations.

C. Nonresidential principal uses/agriculture, recreation and open space uses.

(1) Camp or campground. A camp or campground shall be allowed by special permit in the RD10, RA5 and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 50 acres.

(b) Not more than two tent platforms or similar camping sites per gross acre of land area shall be permitted. The above notwithstanding, no camp or campground shall provide accommodations for more than 100 persons.

(c) Permitted tent platforms or similar camping sites may, however, be clustered, provided that each such accommodation shall have at least 8,000 square feet of associated land area, i.e., a maximum net density of 5.4 such accommodations per acre.

(d) Access to the camp or campground shall be from a state or county highway or a through Town roadway, not to include a residential subdivision street.

(e) Central water supply and common sewage disposal facilities shall be provided in accordance with the requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.

(f) No tent platform or similar camping site, or the location of any building, parking area, recreation associated with the camp or campground, shall be located closer than 300 feet to any existing neighboring residence, 150 feet to any property line, or 100 feet to any water body or watercourse. Any improvements shall additionally be effectively screened by intervening landform and/or vegetation from neighboring properties and public rights-of-way.

(g) Suitable open areas shall be set aside and maintained for recreational facilities such as swimming pools, court games or other active or passive recreational facilities.

(h) No such facility shall operate prior to May 15 or later than October 15 during any calendar year.

(2) Golf course and/or country club. A golf course and/or country club, as defined within Article XII, § 210-86A, of this chapter, shall be permitted in the RD10, RA5 and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 125 acres.

(b) No building or parking area associated with the golf course and/or country club shall be located within 150 feet of any property line or within 300 feet of any existing neighboring residence.

(c) There shall be no use of public address systems and/or lighting of outdoor recreation areas or other facilities except as approved by the Planning Board through issuance of the special use permit and grant of site plan approval.

(d) There shall be no authorization of any uses accessory to the golf course operation except as such are later specifically set forth herein in below § 210-56G(4) of this article.

(3) Hunting and/or fishing club. A hunting and/or fishing club shall be permitted in the RD10, RA5 and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 200 acres.

(b) No building or parking area associated with the club shall be located within 150 feet of any property line or within 300 feet of any existing neighboring residence.

(c) Specific plans for public address systems and/or lighting for any outdoor recreational areas or other facilities associated with club operations shall be submitted to and approved by the Planning Board, including the specific proposed hours of operation for such facilities.

(d) No outdoor target range or similar facility for the discharge of firearms shall be located closer than 500 feet to any property boundary or such greater distance as may be specified by the New York State Environmental Conservation Law or other applicable laws, rules or regulations.

(e) The activities associated with any active outdoor recreation facilities, including a target range, shall be suitably screened from neighboring residential properties so as to create a visual or noise-deterring buffer.

(f) The hours of operation for such outdoor activities shall generally be restricted to the period from 30 minutes hour before sunrise to 30 minutes after sunset.

(4) Private outdoor recreation facility. A private outdoor recreation facility, including uses such as skiing, skating, picnicking and outdoor camping, shall be allowed in the RD10, RA5 and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 100 acres.

(b) No building or parking area associated with the recreational use shall be located closer than 150 feet to any property line or within 300 feet of any existing neighboring residence. Any such building or parking area shall also be effectively screened by intervening landform and/or vegetation from all neighboring properties and public rights-of-way regardless of distance separation.

(c) No facility (e.g., trail, ball field or ski slope) for active recreational use shall be located within 150 feet of any property line and shall be similarly screened.

(d) Access to the facility shall be from a state or county highway or a through Town roadway other than a residential subdivision street.

(e) Adequate water supply and sanitary sewage disposal facilities shall be provided in accordance with the requirements of the Town of Union Vale, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.

(f) No building constructed or portion of an existing building adaptively used in connection with the outdoor recreation use shall exceed 3,000 square feet in gross floor area.

(g) No restaurant or tavern shall be operated and maintained upon the premises. Food service shall be limited to vending machines and/or a snack bar; alcoholic beverages will not be sold on the premises.

(h) Specific plans for public address systems and/or lighting of outdoor recreation facilities and appurtenant accessory buildings and parking areas shall be submitted to and approved by the Planning Board.

(i) Except as may be further restricted by the Planning Board in its consideration of a specific application for special use permit, hours of public operation shall be limited to 9:00 a.m. through 10:00 p.m. daily.

(j) Activities typical of commercial amusement, entertainment and/or recreation facilities, as defined in Article XII, § 210-86A, of this chapter, shall not be eligible as either principal or accessory uses within an outdoor recreation facility.

(5) Timber harvesting; commercial logging. Timber harvesting or commercial logging shall be allowed by special permit in the RD10, RA5 and RA3 Districts, provided that:

(a) The activity is conducted in accordance with timber harvesting guidelines promulgated by the New York State Department of Environmental Conservation (NYSDEC).

(b) The application is accompanied by a timber harvesting plan and restoration plan prepared by either an independent professional forester or qualified NYSDEC personnel. The timber harvesting and restoration plan shall include information pertaining to the following:

[1] Survey map or tax map and deed description, if survey is not available, of the parcel to be logged;

[2] Location of area(s) of proposed logging;

[3] Approximate existing number of trees within area(s) of proposed logging, including species, dbh, and condition;

[4] Approximate number of trees to be harvested within area(s) of proposed logging, including species, dbh and condition;

[5] Assessment of impact of harvesting activity on streams, wetlands and other water bodies within or in the vicinity of the parcel to be logged;

[6] Site-specific measures for the prevention of erosion and the preservation of wildlife habitat;

[7] Measures for the preservation of the aesthetic values of the land;

[8] Plans for the maintenance and/or repairs of roads, loading areas and access paths;

[9] Plans for buffer zones to mitigate visual impact from roads, neighboring properties and elevated view points;

[10] Cleanup and reclamation plans;

[11] Location of major skid roads and landing areas; and

[12] A time schedule for all work related to the timber harvesting activity.

(c) A performance guaranty in an amount determined adequate by the Planning Board upon recommendation of the Town Engineer and Town Highway Superintendent is provided to reasonably ensure repair of Town roadways, including associated drainage improvements, with respect to damage caused by the timber harvesting operation.

(d) All NYSDEC regulations shall be strictly adhered to and any required stream bank disturbance or other permit shall be secured and in effect prior to the. commencement of logging.

(e) An appropriate buffer of trees shall be maintained contiguous to any neighboring residential property or roadway. Unless specifically reduced by the Planning Board in its issuance of a special permit the depth of this buffer shall be not less than the minimum front setback for a principal building from a roadway and shall not be less, with respect to neighboring residential property, than the minimum side or rear setback for a principal building on the neighboring residential property, all as established for the zoning district within § 210-11 of this chapter.

(f) No operations related to the timber harvesting involving the use of chainsaws or other mechanical equipment or vehicles shall take place between 7:00 p.m. and 7:00 a.m.

(g) Clear-cutting as defined within Article XII, § 210-86, of this chapter shall be prohibited.

D. Nonresidential principal uses/institutional uses and community facilities, services and uses.

(1) Alternate care facility. An alternate care facility (ACF) shall be allowed by special permit in the RD10 District, provided that:

(a) The alternate care facility shall be sited on a lot or parcel with a minimum area of 25 acres.

(b) The alternate care facility shall have direct access to either a state or county highway.

(c) The number of residents within the ACF shall not exceed six persons per acre.

(d) Minimum setback for any structure other than a fence, wall or sign shall be 100 feet from any property line.

(e) A minimum landscaped buffer area at least 25 feet in depth shall be provided along any lot line abutting or directly across the street from a lot in a residential district to screen and protect neighboring residential properties from the view of buildings and parking areas within the site.

(f) Provision for recreation for ACF clients shall be provided with at least 10% of the total land area developed for active and passive outdoor recreational uses.

(g) Any new and/or existing structures shall be constructed, altered, renovated and maintained in full accordance with the New York State Uniform Fire Prevention and Building Code and other codes, rules and regulations that may be imposed by any regulatory or permitting agency.

(h) All other applicable standards and provisions of this chapter and other applicable local, County and State land use and development regulations and requirements shall apply.

(2) Congregate care facility. A congregate care facility shall be allowed by special permit in the RD10 District, provided that:

(a) The congregate care facility shall be sited on a lot or parcel with a minimum lot area of 25 acres.

(b) The congregate care facility shall be accessed either directly from a state or county highway or by a Town roadway other than a residential subdivision street.

(c) The number of residents within the facility shall not exceed six persons per acre.

(d) The facility sponsor shall at a minimum provide all of the support services otherwise set forth in this chapter for either elderly or senior citizen housing or enriched housing for the elderly in § 210-56(A)(5) and (6), respectively, of this article.

(3) Cemetery. A cemetery, including mausoleum, shall be allowed by special permit in any residential district, provided that:

(a) No burial or memorial plats or building shall be located closer than 100 feet to any residential lot line.

(b) All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.

(c) No crematory for either human or other remains shall be permitted within or considered accessory to a cemetery.

(d) To the extent applicable, the intended layout plan has been reviewed and subdivision plat approval therefor has been granted by the Planning Board.

(4) Child day-care center. A child day-care center shall be allowed by special permit in the NC and TC Districts, provided that:

(a) The maximum number of children enrolled on a regular basis shall be 40.

(b) Minimum outdoor recreation and activity area of 500 square feet per child enrolled shall be provided, with any such outdoor recreation area located in the side or rear yard, not less than 50 feet from any neighboring residential property line and effectively screened by intervening landform and vegetation therefrom.

(c) Access to the child day-care center shall be provided directly from a state or county highway or a through Town roadway other than a residential subdivision street.

(d) The facility shall be operated and maintained in strict accordance with applicable laws, rules and regulations, including § 390 of the Social Services Law of the State of New York.

(5) Church or other place of religious worship. A church or other place of religious worship shall be allowed by special permit in both any residential district and the NC District, provided that:

(a) Minimum lot area of five acres shall be required for a church or other place of religious worship within the RA3, R1.5, R1 and H Districts.

(b) Access shall be provided either directly by a state or county highway or by a through Town roadway other than a residential subdivision street.

(c) No building shall be erected nor any parking area located closer than 50 feet to any highway right-of-way or property line or such greater setback distance as may be required in the particular zoning district. The required setback area shall be suitably landscaped through the maintenance of existing vegetation and landform and/or the introduction of appropriate planting and/or berming to screen views from public rights-of-way and/or adjacent residential properties.

(6) Day camp. A day camp shall be allowed by special permit in the RD10, RA5 and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 50 acres in the RD10 District and 25 acres in either the RA5 or RA3 District.

(b) No activity area or recreational facility associated with the day camp shall be closer than 100 feet to any property line and shall be effectively screened by intervening landform or vegetation from any abutting residential property.

(c) Adequate water supply and sanitary sewage facilities shall be provided in accordance with applicable requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.

(d) Not more than eight campers per acre shall be accommodated.

(e) No overnight accommodations shall be provided, except for one accessory single-family dwelling in accordance with the standards set forth in below § 210-56G(1) of this article.

(7) Educational institution. An educational institution, i.e., a school for elementary, secondary or higher education, shall be allowed by special permit in the RA3 District, provided that:

(a) The minimum lot or parcel area for an educational institution shall be 25 acres.

(b) Access to the site of the educational institution shall be directly from a state or county highway or a through Town roadway other than a residential subdivision street.

(c) All buildings, parking areas and outdoor activity areas and other structures, except for authorized signage, associated with the educational institution shall have a minimum setback of 100 feet from any property line and 300 feet from any neighboring residence.

(8) Life care community. A life care community shall be allowed by special permit in the RD10 District, provided that:

(a) The life care community shall be developed and maintained in accordance with a facility master plan prepared by the facility sponsor and reviewed and approved by the Planning Board.

(b) The life care community shall be sited on a lot or parcel with a minimum land area of 150 acres.

(c) Uses, each as defined within Article XII, § 210-86A, of this chapter, which may be incorporated within a life care community shall be any or all of the following, each as defined within Article XII, § 210-86, of this chapter:

[1] Community residence.

[2] Elderly or senior citizen housing.

[3] Enriched housing for the elderly.

[4] Alternate care facility.

[5] Congregate care facility.

[6] Nursing home.

(d) Except in the instance of minimum lot or parcel area, all uses incorporated within a life care community shall be subject to the standards and requirements set forth within this chapter with respect to such factors as location and intensity of buildings and other improvements, dwelling unit or population density, as applicable to the specific use, and availability of services for residents.

(9) Membership club. A membership club shall be allowed by special permit in the NC and TC Districts, provided that:

(a) Minimum lot area shall be three acres.

(b) No building or parking area shall be located closer than 50 feet to any side or rear lot line or within 100 feet of any residential property boundary.

(c) Specific plans for public address systems and/or lighting for outdoor recreation facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation of such facilities.

(10) Museum or library. A museum or library shall be allowed by special permit in the RA5, RA3 and H Districts, provided that minimum lot area shall be three acres except in the RA5 District where a minimum of five acres shall be required.

(11) Nursery school. A nursery school shall be allowed by special permit in the RA3, NC and TC Districts, provided that:

(a) Minimum lot area shall be three acres.

(b) The maximum number of children enrolled on a regular basis shall be 40.

(12) Nursing home. A nursing home shall be allowed by special permit in the RD10 District, provided that:

(a) The minimum lot or parcel area shall be 25 acres.

(b) The maximum number of beds shall not exceed six per acre.

(13) Performing arts center. A performing arts center shall be allowed by special permit in the TC District, provided that:

(a) A facility designed for 500 or fewer persons may be located on a site of a minimum of five acres.

(b) All buildings and other structures, parking and outdoor activity areas, including amphitheater seating arrangements, shall have a minimum setback of 150 feet from any residential property line and 250 feet from any neighboring residence.

(c) Access to the facility shall be directly from a State highway.

E. Nonresidential principal uses/retail, office, service and entertainment uses and establishments and Mixed Use buildings.

(1) Animal hospital. An animal hospital shall be allowed by special permit in the RD10, RA5 and TC Districts, provided that:

(a) The animal hospital shall be wholly enclosed and maintain both the appearance and the building and design characteristics of either a residential dwelling or a farm building.

(b) The animal hospital shall be located on a single lot with not less than the minimum lot area specified within the District Schedule of Area and Bulk Regulations for the zoning district.

(c) Access to the animal hospital shall occur directly from a state or county highway or by a through Town roadway other than a residential subdivision street.

(d) The facility shall be suitably screened by intervening landform and/or natural vegetation from neighboring residential properties. All buildings and parking areas shall be set back at least 150 feet from any residential property boundary.

(e) The facility shall not make available on a routine basis services for the boarding or breeding of cats, dogs or other domestic pets and/or animals, with such services only available when incidental to the ongoing medical or surgical treatment of such cats, dogs or other domestic pets and/or animals.

(2) Bed-and-breakfast establishment. A bed-and-breakfast establishment with more than two guest rooms shall be allowed by special permit in the RD10, RA5, RA3 and H Districts, provided that:

(a) The bed-and-breakfast establishment shall be created as a coprincipal use through the conversion of a portion of an owner-occupied single-family dwelling.

(b) The bed-and-breakfast establishment shall be located on a lot of no less than the minimum lot area specified for the zoning district within Article IV, § 210-11, District Schedule of Area and Bulk Regulations.

(c) The bed-and-breakfast establishment shall have direct access to a state or county highway or on a through Town roadway, other than a residential subdivision street. Such access shall be via an individual driveway except where specifically authorized in writing by all other users of a common driveway or private roadway.

(d) Upon conversion of a portion of its floor area for use as a bed-and-breakfast establishment, the residential dwelling shall retain at least one bedroom for the exclusive use of the occupant(s) of the principal dwelling unit to which the bed-and-breakfast establishment is subordinate.

(e) The bed-and-breakfast establishment shall neither offer more than five rooms for rent for transient occupancy nor shall the establishment accommodate more than 10 guests on any occasion.

(f) The owner-operator of the bed-and-breakfast establishment shall be a principal owner-occupant of the single-family residential dwelling in which the guest rooms are located.

(g) Approval has been granted by the Dutchess County Health Department for sanitary sewage and water supply facilities, including, as may be determined applicable by the Planning Board, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sanitary sewage facilities are sufficient to accommodate the additional demands of the bed-and-breakfast establishment on the residential premises where such accessory use is proposed.

(h) Other licensing requirements administered by the County Health Department and applicable to bed-and-breakfast establishments are satisfied.

(i) Off-street parking, provided in accordance with Article V, § 210-25, of this chapter, shall be located on the parcel on which the bed-and-breakfast establishment is located and, where practicable, shall be located behind the residential structure.

(j) As in the case of authorized home occupations, a single identity sign not exceeding four square feet in total surface area shall be permitted. Unless attached to the principal structure, no such sign shall be located closer than 15 feet to the front property line or 20 feet to any other property line.

(k) In order to effectuate the conversion of a portion of a residential dwelling to a bed-and-breakfast establishment, no addition to the structure greater than 100 square feet in gross floor area shall be authorized.

(3) Boarding stable. A boarding stable shall be allowed by special permit in any residential district, provided that:

(a) The site shall have a minimum land area of 10 acres.

(b) The total number of horses either boarded or owned by the owner of the boarding stable shall not exceed one horse per acre of land area devoted to the use.

(c) Buildings or other fully enclosed structures associated with the facility shall be located not less than 100 feet from any property line nor less than 250 feet from any neighboring residence.

(d) Yard areas shall be landscaped and/or maintained in agricultural use and natural screening shall be provided, where necessary, to harmonize with the character of the neighborhood.

(e) No fenced area, including exercise ring, nor any manure storage area shall be located within 100 feet of any lot line, nor shall any manure storage area be located within 100 feet of any stream or water body, 150 feet of any well or spring providing a source of potable water or within 200 feet of the nearest neighboring residence.

(4) Conference center. A conference center shall be allowed by special permit in the RD10, RA5 and RA3 Districts, provided that:

(a) The establishment of the conference center facilitates the development of a parcel of not less than 100 acres in low-density, nonresidential use while preserving existing buildings through adaptive reuse and/or scenic and natural areas important to the community.

(b) The following design objectives are met:

[1] The exterior of existing houses, barns and related structures shall be appropriately rehabilitated and restored wherever feasible. Consideration shall be given to quality of original architecture and subsequent modifications, current condition and relationship of the structures to the overall property or area when considering the feasibility of appropriate rehabilitation and/or restoration.

[2] Formal and informal landscaping, stonewalls, entrance gates and similar features shall be preserved whenever feasible.

[3] New construction shall be sited so as to have minimum impact of fields, meadows and woodlands. Major grading or changing of topography shall not be permitted.

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

[5] The maximum floor area of all conference center facilities shall not exceed 5% of the land included in the project proposal.

[6] Access to the facility shall be from a state or county highway or a through Town roadway other than a residential subdivision street.

[7] No building or parking area associated with the conference center shall be located closer than 150 feet to any property line, nor within 250 feet of any neighboring residence.

[8] Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Union Vale, the Dutchess County Department of Health, and the New York State Departments of Health and Environmental Conservation.

[9] While dining and lodging facilities for periods of not more than seven calendar days may be provided as part of the conference center facilities for the use and benefit of participants in events at the conference center, no restaurant, tavern, nightclub, hotel, motel or inn serving the general public shall be operated and maintained upon the premises.

(5) Convenience store. A convenience store as a quick-stop retail food store shall be allowed by special permit in the NC and TC Districts, provided that:

(a) The maximum gross floor area shall be 2,500 square feet.

(b) In order to maintain the neat and orderly appearance of the site, the following requirements shall be met:

[1] An enclosed and suitably screened trash dumpster shall be provided for use by store employees and other appropriate trash receptacles provided on the premises for use by customers.

[2] All rooftop heating/ventilating/air conditioning or refrigeration units shall be directed away from adjacent residential properties.

[3] There shall be no outdoor display of merchandise.

[4] All vending machines shall be located within the building.

(c) Convenience stores and gasoline stations shall be considered separate uses. Gas stations are not permitted in the TC District, but are allowed in the NC district pursuant to Attachment 2.

(6) Gasoline station; automobile service facility; public or commercial garage. A gasoline station, automobile service facility, or public or commercial garage shall be allowed by special permit in the NC District, provided that:

(a) No such establishment shall be located within 200 feet of any school, church, public library, theatre, park, playground or other public gathering place designed for occupation by more than 50 people.

(b) The area for use by motor vehicles, including storage, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

(c) All fuel pumps and associated canopy structures shall comply with both the limitations as to number and the location and design requirements otherwise set forth in above § 210-56E(5) of this article for convenience stores.

(d) Entrance and exit drives shall total not more than two in number and shall have an unrestricted width of not less than 24 feet nor more than 30 feet and be located not less than 15 feet to any side or rear lot line.

(e) Gasoline or flammable oils in bulk shall be stored fully underground, in accordance with New York State Environmental Conservation Law Part 614 Regulations, as administered by NYSDEC, and may not be closer than 25 feet to any lot or street line.

(f) All major repair work, storage of materials, supplies and parts shall be located within a structure fully enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be closed at all times.

(g) No inoperative motor vehicle shall be kept on the premises for longer than 14 calendar days except in instances where necessary repair parts have been ordered and delivery is awaited. The location of all such inoperative vehicles shall be suitably screened to obscure view from both neighboring properties and public rights-of-way and shall not be within the required front yard.

(h) In addition to other landscaping requirements established by this chapter, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen planting.

(i) The maximum number of fuel dispensing nozzles shall be 12.

(j) Each of the following criteria shall be met:

[1] There shall be safe entry and exit for motorists purchasing gasoline.

[2] Fuel pumps and associated canopy structures shall meet the dimensional limitations, design standards and restrictions as to number set forth below:

[a] No fuel pump or associated canopy structure shall either be located or otherwise project into a required side or rear yard or either be located or otherwise project within 40 feet of the front property line in the NC District.

[b] No canopy structure shall exceed 48 feet in length, 30 feet in width or the minimum height necessary to both accommodate vehicles in accordance with code requirements for vertical vehicular clearance and provide for a pleasing roof design.

[c] All canopy structures shall comply with the following design parameters:

[i] The design of the canopy structure shall relate in form and the use of materials and color to the principal structure(s) on the premises.

[ii] The design of the canopy shall include the use of natural finishes to the extent practicable in consideration of building and fire code requirements and shall exclude the use of reflective or glossy materials such as plastic, lacquers and shiny materials.

[iii] The design of the canopy shall employ colors that are harmonious and blend in with the rural character of the area.

[iv] The design of the canopy shall employ a nonilluminated fascia and shall display no advertising messages, corporate logos or similar features on such fascia.

[v] The design of the canopy shall include recessed lighting arranged, shall be dark sky compliant and shielded so as to reflect light downward with the direct sources of such illumination not visible from any public street or roadway or adjoining property. The lighting provided shall not exceed a footcandle rating of five footcandles on a horizontal plane three feet above the ground at any location beneath the canopy.

[vi] The design of the canopy structure shall accommodate concealed fire protection and suppression equipment in accordance with the New York State Uniform Fire Prevention and Building Code and pertinent NYSDEC and NFPA requirements.

[d] Not more than one canopy structure shall be located on any gasoline service premises.

[e] In order to maintain the neat and orderly appearance of the site, the following requirements shall be met:

[i] An enclosed and suitably screened trash dumpster shall be provided for use by store employees and other appropriate trash receptacles provided on the premises for use by customers.

[ii] All rooftop heating/ventilating/air conditioning or refrigeration units shall be directed away from adjacent residential properties.

[iii] There shall be no outdoor display of merchandise.

[iv] All vending machines shall be located within the building.

(7) Hotel or motel. Hotels and motels are not permitted uses in any zoning district.

(8) Inn. An inn shall be allowed by special permit in the RD10, RA5, RA3 and TC Districts, provided that:

(a) The inn shall be limited to a maximum of 10 guest rooms.

(b) The inn may provide dining facilities open to both guests and the general public as an accessory use. The total number of seats in its dining room, its outdoor dining areas and its lounge, if any, shall however not exceed 30 seats.

(c) The inn may not operate as a nightclub, as such use is defined in Article XII, § 210-86A, of this chapter.

(d) The inn shall be established through the adaptive reuse of either a residential or nonresidential structure existing on May 30, 2002, except in the TC District where adaptive reuse is encouraged but not required.

(e) The minimum lot area shall be 20 acres in either the RD10 or RA5 District and 10 acres in the RA3 District.

(f) Access to the facility shall be provided from a state or county highway or a through Town roadway other than a residential subdivision street.

(g) Adequate water supply and sanitary sewage disposal facilities shall be provided in accordance with the requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.

(h) No parking area or other improvement associated with the facility shall be located within 100 feet of any property line in the RD10 District or within 75 feet of any property line in the RA5 or RA3 Districts, or such greater distance as may be prescribed within the District Schedule of Area and Bulk Regulations. Screening shall be provided by intervening landform and/or vegetation to reduce visual and other impact on neighboring residential properties.

(9) Office building. An office building shall be allowed by special permit in the Airport (A) District, provided that the office building, whether as a separate use or in combination with an authorized trade shop or light manufacturing use, consists of not more than 10,000 square feet of gross floor area.

(10) [3]Restaurant, fast-food or drive-in facility. A fast-food or drive-in restaurant shall be allowed by special permit in the TC District, provided that:

(a) The standard design package for any franchise facility shall be subject to modification so as to comply with the architectural and site plan preferences of the Town of Union Vale so as to achieve the community's land use and design objectives as set forth in the Town Master Plan and embodied in this chapter.

(b) Vehicle stacking lanes for drive-in service shall be adequate so that adjacent pedestrian and vehicular ways will not be obstructed and that the safety of both pedestrians and motorists can be assured.

(c) The inclusion of accessory recreational facilities and similar amusement areas, including tot lots, video games, and the like, as part of the restaurant shall be strictly prohibited.

(d) Hours of operation shall be reviewed and approved by the Planning Board so as to be compatible with adjacent business and residential areas and to avoid the creation of any nuisance condition.

(e) No fast-food or drive-in restaurant shall be located within 5,000 feet of another fast-food or drive-in restaurant.

[3] Editor's Note: Former Subsection E(10), regarding office parks, was repealed 1-18-2023 by L.L. No. 1-2023. This local law also renumbered former Subsections E(11) through E(16) and Subsections E(12) through E(15).

(11) Riding academy. A riding academy shall be allowed by special permit in the RD10, RA5, and RA3 Districts, provided that:

(a) The minimum lot or parcel area shall be 20 acres.

(b) The maximum number of horses permitted shall be limited to the keeping of one horse per acre of lot or parcel area devoted to the riding academy use.

(c) Buildings or other fully enclosed structures associated with the facility shall be located not less than 100 feet from any property line nor less than 250 feet from any neighboring residence.

(d) Yard areas shall be landscaped and/or maintained in agricultural use and natural screening shall be provided, where necessary, to harmonize with the character of the neighborhood.

(e) No riding ring or manure storage areas shall be located within 100 feet of any lot line, nor shall any manure storage area be located within 100 feet of any stream or water body, within 150 feet of any well or spring providing a source of potable water or within 200 feet of the nearest neighboring residence.

(12) Shopping center. A shopping center, as defined within Article XII, § 210-86A, of this chapter, is not a permitted use in any zoning district.

(13) Veterinarian's office. A veterinarian's office shall be allowed by special permit in the RD10, RA5, NC and TC Districts, provided that:

(a) If located within either the RD10 or RA5 District, the facility be designed and maintained consistent with the architectural appearance of either a residence or a farm building.

(b) No services are provided for the boarding of cats, dogs or other domestic pets and/or animals of any type.

(14) Commercial nursery. A commercial nursery shall be allowed by special permit in the NC and TC Districts, provided that

(a) The establishment shall be limited to a maximum land area of three acres.

(b) There shall be neither any structures, except for permitted fences or walls, nor any service areas, equipment or other storage areas or any display of nursery stock, landscaping materials or any other commodity intended for either sale on the premises or use at a customer's property, except for design display areas that may be authorized by the Planning Board during the site plan review and approval process, within either 30 feet of a front or rear property line or 15 feet of a side property line.

(15) Kennel. A kennel shall be allowed by special permit in the RD10 District, provided that:

(a) The facility shall be located on a parcel of not less than 25 acres.

(b) The kennel area shall be fenced, suitably screened by natural vegetation and located not less than 250 feet from any roadway or neighboring residential property boundary.

(16) Food and grocery store. A food and grocery store shall be allowed by special permit in the TC district, provided that it is no larger than 4,000 square feet in size. To promote buildings that are in scale with village and hamlets, the dimensions of a food and grocery store structures shall be narrower and longer to the maximum extent feasible.

(17) Mixed use buildings. In the TC District, a building may be allowed to contain both a commercial use and a residential use with a special use permit and site plan approved of by the Planning Board.

(a) All such mixed use buildings shall meet all area, dimension, design, and other development requirements for the district in which it occurs.

(b) When two-story mixed use building is proposed, the commercial use shall occupy the first floor and shall have street frontage and the residential component shall be on the second floor. When a one-story mixed use building is proposed, the commercial use shall occupy the street frontage and the residential component shall be to the rear. No residential component of a mixed use building shall occupy street frontage.

F. Nonresidential principal uses/commercial, light industrial and transportation uses and establishments.

(1) Airport-related uses. Airport-related uses, to the extent such uses are specifically listed at Article V, § 210-47B, of this chapter, shall be allowed by special permit in the A District, provided that:

(a) Any limitations with respect to any of the specific uses set forth within the afore-cited § 210-47B are met.

(b) The Planning Board determines that all other applicable requirements of this chapter, including the supplementary regulations set forth for all Airport District uses within Article V, § 210-47, are met.

(2) Communication tower. A communication tower or other personal wireless service facility shall be allowed by special permit in the RD10, NC and Airport Districts upon approval of a special use permit by the Planning Board and provided that the specific standards, application requirements, and related administrative provisions set forth in § 210-57 of this article and chapter are met.

(3) Equipment rental and/or sales. Equipment rental and/or sales shall be allowed by special permit in the TC District, provided that:

(a) There be no outdoor display of equipment, whether available for rental or sale or otherwise located on the premises, within 25 feet of any side or rear property line or beyond any portion of the property approved for said purpose on the site plan reviewed and approved by the Planning Board which location(s) shall be adequately screened in the opinion of the Board by either intervening landform and/or natural vegetation from neighboring uses and public rights-of-way.

(b) To the extent any outdoor display of equipment may be authorized within the required front yard as established pursuant to the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, such display shall be limited the display within a suitably landscaped area of equipment available for either rental of sale, which display area shall be limited to a land area occupying not more than 10% of the front yard and situate not less than 40 feet from any public right-of-way.

(4) Extractive operation, including soil mining. An extractive operation, including soil mining, shall be allowed in the RD10, RA5, RA3, R1.5 and R1 Districts, provided that:

(a) The applicant demonstrates that contact has been established with the New York State Department of Environmental Conservation regarding the proposed extraction use and activity and that the intended use and activity shall comply fully with all applicable provisions of the New York State Mined Land Reclamation Law, Article 23, Title 27 of the Environmental Conservation Law, and related 6 NYCRR Parts 420 through 426, and other State and federal regulations controlling mining activity.

(b) A time schedule for completion of both the entire operation or, if the commercial extraction is to occur in phases, of each phase of the operation is submitted for the Planning Board's information.

(c) An operations plan, including the number and type of trucks and other machinery to be used at the site, including their respective noise levels, is submitted for the Planning Board's information.

(d) An overall mining location plan is submitted for the Planning Board's approval, with it required that said plan be designed to ensure the following criteria are met:

[1] Mining.

[a] The top and base of slope shall not be nearer than 100 feet to any right-of-way line of a public or private street or highway nor nearer than 200 feet to any property line, except in instances where greater proximity is required to carry out the intended rehabilitation plan and such greater proximity is both approved in writing by the owner or owners of the adjacent property and found acceptable by the Planning Board.

[b] The above notwithstanding, to the extent that such rehabilitation plan involves the restoration of the mining site for either a conservation pond or agricultural purposes within a period of five years from the time of the initiation of the mining activity, or within such additional period as the Planning Board may deem reasonable, approval of the owner or owners of the adjacent property shall not be required provided a minimum setback of 100 feet from the property boundary is maintained.

[2] That earthen berming, seeded and planted, the introduction of natural vegetation, the retention of existing vegetation and/or fencing shall be provided where deemed necessary by the Planning Board for either aesthetic purposes or to protect public health and safety

(e) Rehabilitation plan.

[1] A progressive restoration and rehabilitation plan depicting both existing contours and proposed final contours after the entire operation, or any applicable phase thereof, is completed is submitted for the Planning Board's approval.

[2] The rehabilitation plan shall be based on NYSDEC mining site rehabilitation criteria and such stricter guidelines and criteria that may be promulgated by the Town of Union Vale and include consideration of appropriate grading, management of storm water runoff, and seeding, planting and revegetation to prevent erosion, unsightliness and other detrimental impact on neighboring properties. The rehabilitation plan shall not include the deposition of either sanitary wastes or construction and demolition debris.

(f) A performance guaranty (performance bond or escrow deposit) is provided to ensure both rehabilitation of the site in accordance with said rehabilitation plan, or applicable portion thereof, and necessary repairs that may be required to the Town highway network to address damage incurred as a result of mining operations, with this performance guaranty to be in an amount and form satisfactory to the Town Attorney and the Town Board, with recommendation thereon provided by the Planning Board and the Town Engineer. This performance guaranty may be either in an amount supplemental to or for duration extending beyond any performance guaranty required by the New York State Department of Environmental Conservation. The amount of said performance guaranty, although established on a case-by-case basis, shall be within a range specified in the fee schedule established and annually reviewed by the Town Board.

(g) Conditions for ingress and egress to the mine site from the State, County or Town highway have been reviewed and deemed safe and adequate by the appropriate jurisdiction, i.e., the New York State Department of Transportation, the Dutchess County Department of Public Works or the Town Highway Superintendent, respectively.

(h) The intended routing of commercial vehicles associated with the extractive operation on any Town roads has been reviewed and approved by the Town Highway Superintendent, with routing through established residential areas discouraged to the extent practicable.

(i) The right of the Town to enforce or to cause the enforcement of mining permit requirements established by the New York State Department of Environmental Conservation is acknowledged by the applicant, with such requirements including but not limited to:

[1] Setbacks from property boundaries and public rights-of-way.

[2] Natural or man-made barriers to restrict access.

[3] Sediment and erosion control.

[4] Control of fugitive dust.

[5] Hours of operation.

(j) The right of the Town to enforce or to cause enforcement of the reclamation requirements imposed by NYSDEC through the mining permit is acknowledged by the applicant.

(k) Special use permit.

[1] The special use permit shall be limited to a period of three years, which time limit is not to be construed however as limiting the applicant's submission of subsequent requests for new or renewed permits.

[2] The above limitation notwithstanding, the Planning Board may authorize the special use permit for a period of up to 42 calendar months to provide that the termination date of any special permit issued by the Town of Union Vale shall be coincident with the termination date of any mining permit issued by NYSDEC.

(l) Should however the commercial extraction be projected to occur over more than a single special use permit term of between 36 and 42 calendar months as above provided, supplemental information shall be submitted as part of the application identifying the extent of extraction that will occur within the initial permit period and the extent of land area that will either have been rehabilitated or will be ready for rehabilitation at the close of the initial permit period.

(5) (Reserved)[4]

[4] Editor's Note: Former Subsection E(5), Light industrial park, was repealed 3-11-2010 by L.L. No. 12-2010.

(6) Light industry or manufacturing. Light industry or manufacturing, including associated office and storage facilities, shall be allowed by special permit in the A District, provided that:

(a) The individual light industry or manufacturing use or establishment is determined by the Planning Board to be consistent with the Airport District development and use standards set forth within Article V, § 210-47, of this chapter.

(b) The use is determined by the Planning Board to be consistent with the general performance standards set forth at § 210-24 of this chapter and found to both comply with all other pertinent use and development standards established by this chapter and related laws, codes, rules and regulations administered either by the Town, county, state or federal agencies of jurisdiction and be deemed suitable for the site without threat to public health or safety, loss of natural resources or diminution of real property values.

G. Nonresidential accessory uses.

(1) Accessory dwelling unit incidental to permitted business or institutional use. An accessory dwelling unit incidental to a permitted business or institutional use shall be allowed by special permit in all zoning districts, except A, provided that:

(a) The explicit written approval of the Town Code Enforcement Officer shall be obtained for the design, location, access and other safety-related elements of such dwelling unit in accordance with the applicable requirements of the New York State Uniform Fire Prevention and Building Code. No such dwelling unit shall be permitted on a second floor or other upper floor wholly or partially above a gasoline station, a store retailing flammable or fume-producing goods, a restaurant or any other place of business with a commercial kitchen, or other facilities producing intense heat.

(b) The habitable floor area of such dwelling unit shall be at least 750 square feet. The dwelling unit shall contain all services for safe and convenient habitation, meeting the applicable requirements of the New York State Uniform Fire Prevention and Building Code, and shall be served by water supply and sanitary sewage facilities acceptable to the Town of Union Vale and the Dutchess County Health Department.

(c) There shall be no more than one such dwelling unit created or maintained in a single building or on a single premise.

(d) The dwelling unit shall have a separate access to the outside of the building, which must be distinct from any exterior access to the business or institutional use.

(e) The dwelling unit shall have two reserved and appropriately designated off-street parking spaces meeting the standards set forth in Article V, § 210-25, of this chapter, conveniently located for access to the dwelling unit.

(f) A suitably landscaped, private outdoor open space of not less than 6,000 square feet shall be maintained for the use and beneficial enjoyment of the residents of the dwelling unit.

(g) Neither the dwelling unit nor any proprietary or other interest therein shall be sold to the tenant or any other party except as part of the sale of the entire building in which the dwelling unit is situated or of the premises in which such dwelling unit is located.

(2) Housing for farm principals and employees. Housing for farm principals and employees shall be allowed by special permit in any residential district, provided that the criteria set forth at Article V, § 210-42B, of this chapter are met.

(3) Farm industry. A farm industry shall be allowed by special permit in the RD10, RA5 and RA3 Districts, provided that the criteria set forth at Article V, § 210-42C, of this chapter are met.

(4) Accessory uses to golf course and/or country club. The below uses accessory to a golf course and/or country club development shall be allowed by special permit within the RD10, RA5 and RA3 Districts, provided that:

(a) The use is accessory to a golf course that is a regulation, minimum eighteen-hole facility open for play by the public and occupying a parcel of not less than 150 acres.

(b) The use is wholly managed and operated by the owner of the golf course and its employees and is neither managed nor operated on a concession basis.

(c) Except for occasional use of a tent or similar portable shelter to serve those attending a golf-related event, all activities associated with the use, including the conduct of all catered affairs, are conducted within the clubhouse or on its adjacent terrace and patio areas.

(d) No lodging accommodations may be provided on the golf course property in association with any of the components of the special permit use.

(e) To the extent authorization of any special permit use causes the golf course property to be illuminated at times that would not be associated with golf course operations, such lighting shall be provided only to the minimum extent necessary to meet public health and safety requirements and shall be shut down to the minimum level necessary for security purposes within 30 minutes of the closing of the public restaurant or the end of a catered banquet, meeting or other event.

(f) To the extent authorization of the special permit use causes a desire by the golf course owner for additional signage, any such message shall be incorporated within the signage otherwise authorized by type, number and square footage for the golf course.

(g) To the extent a public restaurant is included as one of the components of the special permit use, the following shall apply:

[1] Year-round operations may be authorized but shall be restricted to the hours of 11 a.m. through 10 p.m.

[2] Musical entertainment shall be restricted to a single piano player, vocalist or like performer who may entertain dinner guests but not within a nightclub atmosphere or in a situation where a cover charge is imposed.

[3] Adequate parking shall be provided for the patrons and employees of the restaurant with the Planning Board authorized to take into account to the extent it deems practicable joint use of parking spaces that may not be required for golf course operations during the hours of operation of the restaurant with due consideration to any simultaneous catered banquet, meeting or other event.

[4] Occupancy standards as established pursuant to the New York State Uniform Fire Prevention and Building Code, the Americans with Disabilities Act (ADA) and/or Health Department requirements regarding food service and other operations shall be met.

(h) To the extent that catering services for banquets, weddings and similar gatherings are included as one of the components of the special permit use, the following shall apply:

[1] Year-round operations may be authorized but shall be restricted to Friday, Saturday and Sunday between the hours of 12 noon and 12 midnight.

[2] Musical entertainment, both as authorized for the public restaurant and including bands, may be provided for guests, however strict consideration shall be afforded to the maintenance of ambient outdoor noise levels at both the property boundaries and at the various golf course greens.

[3] Adequate parking shall be provided for the guests of the catered event and those employed in support of the event with the Planning Board authorized to take into account to the extent it deems practicable joint use of parking spaces that may not be required for golf course, public restaurant or other operations during the time of catered events.

[4] Occupancy standards as established pursuant to the New York State Uniform Fire Prevention and Building Code, ADA and/or Health Department requirements regarding food service operations shall be met.

(i) To the extent golf course facilities are made available as one of the components of the special permit use for the conduct of meetings, business trade shows, seminars and similar events by public or private sector sponsors, both profit and not-for-profit, the following shall apply:

[1] Year-round daily operations may be authorized but shall be restricted to the hours of 8 a.m. through 10 p.m.

[2] Any such event must be open exclusively to an invited list of guests and must include the serving of not less than a continental breakfast or one or more fuller meals.

[3] Adequate parking as determined by the Planning Board in consideration of the above-stated parameters shall be provided to accommodate the parking requirements for attendees and support staff associated with any such meeting, business trade show, seminar or similar event.

[4] Occupancy standards and other requirements as stated above for public restaurant and catered events shall be met to the extent applicable.

(j) Any special use permit issued for such use shall be limited in the instance of the first permit to a time period of three calendar years and include provision for periodic monitoring of the use by the Code Enforcement Officer for conformity with the above standards, and any other mitigating conditions that may be imposed by the Planning Board upon consideration of the specific circumstances associated with the application for special use permit. Reports submitted to the Planning Board not less than annually by the Code Enforcement Officer shall be required and shall be taken into consideration at the time of request for renewal of the special use permit.

(5) Wind energy system. Windmills, wind turbines or similar components of a wind energy system shall be allowed by special permit in the A District, provided that:

(a) The wind energy system shall be incidental to and fully located on the same parcel as the residential, institutional, commercial, or other permitted principal use that will exclusively derive all or some portion of its energy supply from the wind source.

(b) No component of the wind energy system shall extend more than 80 feet above naturally occurring grade as measured from either the base of the windmill or other facility or at grade level of the building to which it is attached.

(c) No component of the wind energy system shall be located within 100 feet of a public or private roadway or property boundary.

(6) Ground-mounted solar systems. Accessory ground-mounted solar systems shall be allowed by special permit in NC and A commercial districts, provided that:

(a) Ground-mounted solar systems shall not be permitted in a front yard or within the area between the front wall of a commercial structure and the front property line, whichever is greater.

(b) Ground-mounted solar systems shall comply with the side and rear yard requirements of the zoning district in which the property is located.

(c) Ground-mounted solar systems shall not exceed the area dimensions of the principal structure located on the parcel.

(d) Ground-mounted solar systems shall not exceed 12 feet in height.

(e) Site plan approval is required.

(f) The Planning Board is authorized to require landscaping and/or fencing or a combination of both around the portion of the system between the panels and the ground to offset visual impacts to adjacent properties and roads. Plantings should consist of deciduous or evergreen plantings in order to achieve year-round screening.

(g) General placement of ground-mounted solar systems should be done in a manner which maximizes distance from adjacent properties to ensure that the installation does not seek to minimize impact to the applicant at the expense of adjacent properties. The Planning Board has authority to increase the setback requirements to accomplish this goal.

(h) Lot coverage. The surface area of a ground-mounted solar system shall be included in lot coverage and impervious surface calculations.

§ 210-57 Additional standards and requirements for communication (personal wireless service) facilities and towers.

[Amended 1-18-2023 by L.L. No. 1-2023]

A. Specific standards. Except for communication facilities and towers placed on municipal properties, the Town Planning Board shall apply the specific standards set forth below in its consideration of any application for special permit for a communication (personal wireless service) facility or tower:

(1) Shared use.

(a) Shared use of existing communication towers or the use of other existing structures shall be preferred to the erection or construction of new towers.

(b) Where shared use of an existing communication tower or other existing structure is a technologically feasible alternative, the applicant may be denied a special permit for erection or construction of a new tower.

(c) Determination of feasibility.

[1] In determining feasibility, the Planning Board shall also consider the comparative total costs to the applicant over a span of some five to 10 years of the following:

[a] Adapting an existing communication tower to shared use.

[b] Erecting a new communication tower.

[2] This assessment shall include consideration of all of the following:

[a] Work that may be required to adapt the communication tower to shared use, including structural reinforcement, preventing transmission or receiver interference, site landscaping and other physical changes that may be required to the tower and/or its site.

[b] Initial expenses involved in entering into a lease or similar agreement to accommodate shared use or acquiring another site for a new communication tower.

[c] Costs of maintaining either the shared use location or new communication tower.

[3] For the purposes of this determination, the total costs over a span of some five to 10 years associated with the shared use alternative shall be considered unreasonable if such costs exceed by more than 10% the costs of an otherwise proposed new communication tower at the same or another site.

(2) Compatibility with Federal Aviation Administration (FAA) navigational aids. The applicant must demonstrate that the proposed communication (personal wireless service) facility or tower will not interfere in any way with in-place VOR radio beacon navigational aids for aircraft, particularly in consideration of the location of Sky Acres Airport within the Town of Union Vale.

(3) Site requirements: area and bulk standards.

(a) Minimum lot area.

[1] The minimum lot area shall be 10 acres.

[2] The above notwithstanding, depending upon the configuration of the site and its relationship to neighboring properties, a site in excess of the minimum lot area may be required to ensure the protection of public health, safety and welfare through both substantial setback from neighboring properties, with special consideration given to properties on which preexisting residential dwellings are located, and proper visual screening of the proposed communication facility or tower from these properties.

(b) Minimum setbacks.

[1] In order to achieve the above-stated objectives, the minimum setback of a communication tower shall be 250 feet from any adjoining property line and 500 feet from any existing residential dwelling. In addition, the minimum separation of any structure or facility appurtenant to the tower shall be not less than 50% of the required tower setback.

[2] The above notwithstanding, in no event may the minimum setback of any new tower from any property line and/or vegetative screening be less than the sum of the height of the communication tower to be erected and an additional 30 feet.

[3] This minimum setback distance shall apply to all communication tower components, including guy wires, guy wire anchors and accessory or appurtenant facilities.

(4) Site requirements: design standards.

(a) Ability to accommodate shared use. Any new communication tower or major modification of an existing tower shall be designed so as to be structurally capable of accommodating shared use.

(b) Tower lighting. In addition to any beacon light, other type of illumination or warning device, if any, required by the FAA, any communication tower erected within the Town of Union Vale shall be equipped with a beacon light if deemed necessary by the Planning Board due to the proximity of the tower to the Sky Acres Airport or to movement of aircraft passing over elevated portions of the Town such as the ridge of West Clove Mountain.

(c) Scale and appearance.

[1] No communication tower or attachments thereto shall exceed 150 feet in height.

[2] The above provisions regarding height and lighting notwithstanding, any communication tower shall be sited and designed to be the minimum height necessary to fulfill its function and to avoid, whenever possible, compliance with additional FAA lighting and marking requirements based on tower height and location.

[3] Except as required by the FAA, no communication tower shall be painted in a color or colors not in harmony with its natural and man-made surroundings. In general, an unpainted galvanized tower is preferred, with light blue and light gray acceptable if painting of the tower is proposed.

[4] No communication tower shall support any advertising messages or other commercial signs. non-ionizing warning signs and other signs necessary to meet the legal requirements of the applicant's Federal Communications Commission (FCC) license to operate shall be permitted.

[5] A chain link fence not less than eight feet in height with locking gate(s) shall be installed to fully surround the base of any communication tower, including all of its components and any accessory buildings or other appurtenant facilities and improvements on the tower site.

[6] All communication towers and accessory buildings or other appurtenant facilities and improvements shall be sited to minimize any adverse visual effect on the environment. Accessory buildings or other facilities shall employ building materials, colors and textures that are both durable and selected to blend with the natural surroundings.

[7] Vegetation.

[a] Existing on-site vegetation shall be preserved to the maximum extent practicable to both mitigate the visual impact of the communication tower and related buildings and facilities and maintain the stability of soils within the project site.

[b] No cutting of trees exceeding four inches in diameter at breast height shall take place except as may be expressly authorized by the Planning Board as part of its issuance of a special permit and grant of site plan approval.

[8] Construction of access road.

[a] Adequate access to, and parking at, the communication tower site shall be provided for both service and emergency vehicles, with maximum use made of existing roadways, either public or private.

[b] Any access road shall be improved and maintained at not less than the design standards for a common driveway, as set by the Town of Union Vale within Town Code Chapter A215, Street Specifications, including in particular Figure A as set forth therein.

[c] Moreover, to the extent practicable, any roadway construction required to access a tower site shall be carried out in a manner that minimizes disturbance to the land, generally limiting grading and the cutting of vegetation to the more restrictive of the following: either the toe-of-slope in fill sections or the top-of-slope in cut sections, or a distance of 10 feet beyond the edge of the required twenty-foot wide cartway.

[d] In order to meet the above criteria, and otherwise both minimize adverse visual impact and reduce soil erosion potential, any access road shall closely follow natural contours.

[9] Maintenance of access road. As a condition of the special permit and as a requisite for maintaining a certificate of occupancy and/or certificate of compliance once issued, any access roadway shall be maintained throughout the useful life of the communication tower site in a workmanlike manner, including as pertinent the plowing of snow, periodic trimming of vegetation that may obstruct the cartway, and undertaking of repairs in a timely manner to address any roadway defects, drainage problems, erosion conditions or other circumstances that may develop, so as to ensure the roadway is at all times in a safe and passable condition for both service and emergency vehicles.

B. Application requirements. In addition to the more generic requirements otherwise set forth within § 210-59 of this article and chapter, all applications for issuance of a special permit and/or grant of site plan approval for a communication (personal wireless service) facility or tower shall be accompanied by maps, reports and other data presenting to the extent pertinent the following information:

(1) An existing site conditions map depicting the following:

(a) The location of all structures and other improvements within the project site and all structures and above-grade improvements on adjacent properties and located within 50 feet of the boundaries of the project site.

(b) The location, type. Approximate height and mass of all trees within the project site and within 100 feet of its boundaries.

(c) The topography of the project site and adjacent property within 100 feet thereof, based on either field survey or, where field survey information is not available, interpretation of United States Geological Survey (USGS) data.

(2) Manufacturer's data regarding the proposed communication (personal wireless service) facility or tower including but not limited to the following:

(a) Make and model of the communication tower to be erected or the equipment to be installed.

(b) Design data, installation instructions and construction plan.

(c) Identification of the cumulative levels of radiation emitted by or from both the communication tower and its appurtenant facilities and all other communication towers and facilities located within 1,000 feet thereof. This data shall specifically include:

[1] Frequencies in use.

[2] Effective radiated power.

[3] Calculated data demonstrating that all transmissions are in compliance with FCC regulations in effect at the time of application.

(d) Identification of the effects siting and operation of the communication tower and its appurtenant facilities will have on existing communication towers, antennas or other electromagnetic devices within 1,000 feet of the proposed installation.

(3) Proposed communication tower maintenance and inspection procedures and records system, including demonstration of how initial and continuing compliance with FCC and FAA standards will occur. A copy of each report filed with the FCC or FAA to comply with these standards shall be simultaneously filed with the Town Code Enforcement Officer and each such report shall be certified to be true, complete and accurate or otherwise subject to applicable penalty of law.

(4) A communication tower siting report shall also be submitted with regard to any proposed new tower. The report shall document the following:

(a) In accordance with above § 210-57A(1) of this article, good faith efforts to secure shared capacity from existing towers as well as capacity for future shared use of the proposed communication tower. The former demonstration shall include at least the following:

[1] Inventory of existing communication towers within a reasonable distance of the proposed site.

[2] Identification of opportunities for shared use of existing towers as an alternative to erection of a new communication tower.

[3] Copies of written requests made to, and responses received from, the owners of existing communication towers regarding shared use of their towers.

(b) A technical and visual impact analysis of other alternatives to the proposed communication tower at the location intended, including at least the following:

[1] Consideration of alternative new communication tower sites which could similarly satisfy the applicant's requirements.

[2] Consideration of the installation of towers, antenna or masts on existing buildings or other alternative structures, particularly for fill-in sites.

(c) Alternative designs for the communication tower, or rerad, including those that minimize adverse visual impact by using nontraditional design elements to blend more effectively with the natural and/or man-made surroundings.

(5) A compliance report on non-ionizing electromagnetic radiation (NIER) prepared by a qualified engineer and/or health physicist setting forth calculations regarding the maximum amount on non-ionizing electromagnetic radiation which will be emitted from the communication (personal wireless service) facility or tower and demonstrating compliance with the applicable NIER standards set forth below:

(a) The standards for public exposure to NIER established by the Institute of Electrical and Electronics Engineers, American National Standards Institute (ANSI).

(b) Any standard for NIER that may be promulgated by the FCC.

(6) A completed visual assessment form (EAF Visual Addendum) as part of the initial State Environmental Quality Review Act (SEQRA) submission. Upon its evaluation of the information provided by the Visual Addendum, the Planning Board may scope and require the submission of a more detailed visual assessment and analysis.

(7) Landscaping; buffering and screening.

(a) A detailed landscape plan addressing through initial and continuing maintenance of existing vegetation and the installation of new plantings the visibility of the communication (personal wireless service) facility or tower from adjacent properties and from other key viewing points identified during the visual assessment and analysis, including to the extent pertinent locations both within the Town and beyond its borders.

(b) With regard to mitigation of visual impact on immediately adjacent and other neighboring properties, not less than the planting or retention of native evergreen species capable of forming a continuous natural barrier at least 10 feet in height within 24 calendar months of communication tower construction shall be provided to effectively screen the tower base and accessory facilities from such properties.

(8) As part of the submission and as a condition precedent to the issuance of any special permit by the Planning Board for a communication (personal wireless service) facility or tower, either the applicant or both the applicant and the landowner should the applicant not be the landowner shall specifically recite and acknowledge in writing the provision of each of below § 210-57(C)(1) through (5) of this article.

C. Procedural and administrative matters.

(1) Evaluation by independent consultants. Upon submission of an application for special permit for a communication (personal wireless service) facility or tower, the Planning Board may retain an independent consultant, as a reasonable rate to be paid by the applicant, to assist the Planning Board and its usual consultants, the Town Planning Consultant and the Town Engineer, in technical review of the application. The consultant shall be a qualified professional in one or more of the following fields: telecommunications engineering, structural engineering, monitoring of electromagnetic fields, or other relevant field deemed essential by the Planning Board.

(2) Required inspections. Any communication (personal wireless service) tower erected within the Town of Union Vale shall be subject to the below structural inspection requirements:

(a) Biannual inspection; report.

[1] The applicant, or the applicant's successors, shall cause a biannual inspection of the communication tower and related accessory structures and improvements to be conducted by a qualified licensed professional engineer. The inspection shall specifically address whether the communication tower and related accessory structures and related improvements are being maintained in a structurally safe and skillful manner.

[2] A written report certified to by the inspecting professional engineer shall present information regarding the nature and timing of the inspection conducted, identify all deficiencies noted, proposed appropriate corrective action and include a schedule for carrying out the work.

(b) Such certified biannual report shall be filed with the Town Code Enforcement Officer within 60 calendar days of the first and each succeeding biannual anniversary of the issuance of the initial certificate of occupancy authorizing use of the facility site.

(c) Upon submission of such report, the applicant, or the applicant's successors, shall schedule with the Code Enforcement Officer an appointment for his inspection of the property.

(3) Additional requirements.

(a) As a condition of any special permit issued by the Planning Board for a communication (personal wireless service) facility or tower and in addition to the requirement set forth above in § 210-57C(2) of this article, the Planning Board may require future submission of reports and other documentation demonstrating continuing compliance with any of the regulations in effect at the time the special use permit was issued or any superseding or new regulations that may be adopted by either the FCC or other Federal regulating agency.

(b) Performance guaranty.

[1] As a condition of any special permit issued by the Planning Board for a communication (personal wireless service) facility or tower, the Planning Board shall require the posting of a suitable performance guarantee, the performance guarantee being at the Town's discretion either a performance bond or an irrevocable letter of credit with a specific schedule of payments if work is not completed to ensure either of the following:

[a] The completion of all work associated with the authorized facility installation or tower construction within the time frame specified by the building permit.

[b] Both removal of any facility installation or tower construction left incomplete and the restoration of the facility site to its prior state to the extent deemed practicable by the Planning Board. Except as may be authorized by the Planning Board in consideration of seasonal factors, all such removal and remediation shall occur within six calendar months of the cessation of work on the facility installation or tower construction. The date of such cessation of work shall be determined by the Code Enforcement Officer and set forth in a notice to the applicant or the applicant and landowner should he applicant not be the landowner.

[2] No building permit shall be issued until the Town Board has accepted such performance bond or similar guarantee. The Town Board shall employ the following criteria to determine the adequacy of the performance guarantee proposed by the applicant:

[a] The scope of work governed by the performance guarantee shall be the worst-case, or most extensive, scenario of removals and remediation defined by the Planning Board.

[b] The amount of the performance guarantee shall be based on an estimate for carrying out the above work, such estimate either prepared or reviewed and confirmed by the Town Engineer.

[c] The form of the performance guarantee shall be reviewed and approved by the Town Attorney.

(4) Abandonment and removal. Within 60 calendar days of receipt of written notice from the Code Enforcement Officer, either the applicant, the landowner or their successors shall cause the dismantling and removal of any communication (personal wireless service) facility or tower, whether erected prior to or subsequent to April 9, 1998, the date of enactment of L.L. No. 2-1998, the substantive provisions of which local law are incorporated within this chapter, as comprehensively amended in 2002, the use of which the Code Enforcement Officer has deemed to be discontinued or otherwise abandoned for the period specified below:

(a) Pertaining to a communication tower and related accessory structures and improvements, where operations have ceased for a period of 24 consecutive months, with intent to resume the use or operation not providing exemption from this requirement.

(b) Pertaining to any other facility, where the operation of such facility has ceased for a period of six consecutive months, with intent to resume its use or operation not providing exemption from this requirement.

(5) Certificate of insurance required.

(a) Adequate and sufficient liability insurance shall be maintained during the construction period and throughout the life of any communication (personal wireless service) tower erected within the Town of Union Vale. The minimum acceptable amount of liability insurance shall be established by the Planning Board in its review of the application for special use permit.

(b) Prior to the issuance of the special use permit, documentation that such liability insurance has been secured shall be submitted to the Town in the form of a certificate of insurance identifying the Town of Union Vale as a coinsured party and in at least the minimum amount specified by the Planning Board. Maintenance without interruption of liability insurance in like or greater amount and with the Town named as a coinsured party shall be required as a continuing condition of the special use permit and related certificate of occupancy and/or certificate of compliance.

(6) Partial exemption for amateur ham radio operations.

(a) For purposes of this chapter, communication (personal wireless service) facilities or towers in support of amateur ham radio operations shall, while subject to the requirement that a special use permit be secured for any communication tower in excess of the height and/or locational limitations set forth within Article V, § 210-44, of this chapter, be exempt from certain provisions within this section, as set forth in below § 210-57C(6)(b), provided that there is strict compliance with the following limitations:

[1] Not more than one such tower for the exclusive use of the owner of the residential premises shall be constructed on any parcel within a residential district.

[2] There shall be no sale or lease of space for commercial purposes on any tower erected and maintained on a residential parcel in support of amateur ham radio operations.

(b) For amateur ham radio operations satisfying with the above criteria, compliance is not required with the following:

[1] Within § 210-57A, Specific standards, Subsection A(1), relating to shared use in its entirety, and those site requirements: design standards set forth within Subsection A(4)(a), (b), (c)(5), (c)(8) and (c)(9).

[2] Within § 210-57B, Application requirements, as set forth within § 210-57B(3) through (7) and that portion of § 210-57B(8) dealing with required biannual inspection.

[3] Section 210-57C(2), Required inspections, in its entirety.

[4] Section 210-57C(5), Certificate of insurance required, in its entirety.

§ 210-58 Additional standards and requirements for development within Flood-Fringe Overlay (FF-O) District.

A. All uses proposed within the Flood-Fringe Overlay (FF-O) District shall be considered special permit uses subject to review by the Planning Board for compliance with the following design standards, as shall be certified by a registered architect or licensed professional engineer, and related additional submission requirements:

(1) Design standards.

(a) All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to floodwater-related forces.

(b) All construction materials and utility equipment used shall be resistant to flood damage.

(c) Construction practices and methods shall be employed which minimize potential flood damage, including the requirement that all structures and other improvements be designed to withstand hydrostatic pressure, erosion and seepage to an elevation not less than the one-hundred-year-flood elevation.

(d) Adequate drainage shall be provided to reduce flood hazard exposure.

(e) All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.

(f) All water supply and sanitary sewage systems shall be designed to minimize or eliminate water infiltration or discharges into the floodwaters, including the provision that on-site sewage systems shall be located so as to both avoid their impairment or contamination potential during flooding.

(g) All new residential construction or substantial improvements to existing residential structures shall have the lowest floor, including basement, elevated to at least two feet above the water level of the one-hundred-year flood.

(h) All new nonresidential construction or substantial improvements to existing nonresidential structures shall have their lowest floor, including basement, elevated to at least two feet above the water level of the one-hundred-year flood or, as an alternative, be flood-proofed up to the same water level, including attendant utility and sanitary facilities.

(i) No use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing and anticipated uses, will not raise the water level of the one-hundred-year flood more than one foot at any point.

(j) No storage of materials or equipment that are potentially buoyant, flammable or explosive or which could otherwise be injurious to human, animal or plant life, either terrestrial or aquatic, shall be permitted.

(2) Additional submission requirements. In addition to the submission of the forms, fees and other documentation set forth for all special permit uses at § 210-59 of this article and chapter, the following additional information shall accompany any Application to undertake work within the Flood-Fringe Overlay (FF-O) District:

(a) Record of the status of any other permit, approval or compliance determination that may be required from a state or county agency.

(b) Plans providing adequate detail to determine the suitability of the site for the proposed development or use which information shall include, but not be limited to, the following:

[1] The location of the lot or construction site in relation to affected watercourses or other bodies of water, boundaries of the Flood-Fringe Overlay (FF-O) District, topography of the site with elevations in relation to mean sea level, existing and proposed buildings and other structures, fill areas, drainage facilities and the location and description of any materials proposed to be stored within the FF-O District on either a permanent or temporary basis.

[2] The elevation in relation to mean sea level of the lowest floor, including basement, of all existing and proposed structures.

[3] The elevation in relation to mean sea level to which any nonresidential structure is proposed to be flood-proofed, together with its attendant utility and sanitary facilities.

[4] Details regarding how any nonresidential flood-proofed structure meets or exceeds essential flood-proofing standards, i.e., that flood-proofing occurs so well that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

[5] Documentation that any nonresidential structure or any residential structure intended for habitation, whether termed a principal structure or an accessory structure by this chapter, has at least one access route from a public road, street or highway which is wholly above the one-hundred-year flood elevation and which route can be safely used for access by emergency equipment and for the evacuation of persons.

[6] A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

B. Any special permit issued for a use proposed within the Flood-Fringe Overlay (FF-O) District shall satisfy any further criteria set forth in Chapter 135, Flood Damage Prevention, and shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Code Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. Any such certification shall be maintained by the Deputy Code Enforcement Official as a permanent record and be available for inspection.

§ 210-59 Application for special use permit and associated review procedures; fee.

A. Special use permit application procedure. The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:

(1) Application and fee. All applications made to the Planning Board shall be in writing, on forms and in accordance with the schedule prescribed by the Board, and, in order to be considered complete, except as may be waived by the Planning Board on a case-by-case basis due to the minor nature of the specific request, include the following which at a minimum shall be construed to require submission not less than 21 days prior to a regularly-scheduled meeting of the Planning Board and submission of 14 copies, consisting of three full-scale prints and 11 half-scale prints, and a portable document format (PDF) file of any site plan and building plans and elevations presented in satisfaction of below Subsection A(1)(a) and (b):

[Amended 3-11-2010 by L.L. No. 12-2010; 10-9-2014 by L.L. No. 5-2014]

(a) A preliminary site plan which demonstrates the overall site layout and building locations, access drives and parking areas, setbacks and buffer areas, lighting, landscaping and signage, and the location and extent of existing development on adjacent parcels.

(b) Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.

(c) Payment of the applicable application fee in accordance with the fee schedule established and annually reviewed by the Town Board.

(d) Either a short or full Environmental Assessment Form (EAF) as required by the Planning Board pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law and Title 6 Part 617 NYCRR.

(e) If the parcel subject of the special permit use lies partially, wholly or within 500 feet of either a certified agricultural district or land for which an individual commitment has been received pursuant to §§ 305 and 306 of the Agriculture and Markets Law of the State of New York, a complete application for special use permit shall also include an agricultural data statement in a form prescribed by the Planning Board.

(f) Any other information deemed helpful by the applicant or necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this chapter for special permit uses.

(2) Public notice and hearing.

(a) The Planning Board shall within 62 calendar days of the receipt of the complete application conduct a public hearing on any such special permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant, at which hearing, the applicant shall appear in person or by agent. The Board shall additionally provide notice as follows:

[1] By publishing at least five calendar days prior to the date thereof a legal notice in an official newspaper of the Town.

[2] By requiring the Clerk of the Planning Board to provide notice of the public hearing and data regarding the substance of the application by certified mail, return receipt requested, to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in the application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Clerk or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.

[a] The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.

[b] Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special use permit.

[3] Posting a conspicuous sign on its road frontage indicating the parcel is subject of a pending proceeding before the Planning Board for a period of not less than five calendar days prior to the public hearing and in such manner as otherwise specified by the Planning Board at the time of acceptance of the application for special use permit.

[Added 3-11-2010 by L.L. No. 12-2010]

(b) If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Clerk of the Planning Board shall also mail at least five calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of the public hearing.

(3) Consultant review. In its review of an application for special use permit the Planning Board may consult with the Town Code Enforcement Officer and/or Deputy Code Enforcement Official, the Superintendent of Highways, the Conservation Advisory Council, the Design Review Committee, the Dutchess County Health Department, other local and county officials and its designated private planning, legal and engineering consultants, in addition to representatives of New York State agencies including but not limited to the Department of Transportation, the Health Department and the Department of Environmental Conservation.

[Amended 3-11-2010 by L.L. No. 12-2010]

(4) Required referral. A full statement of any special use permit application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. The Planning Board shall take no action on such application until an advisory recommendation has been received from the County Department of Planning or 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning recommends disapproval or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members adopting a resolution fully setting forth the reasons for the contrary action. Within seven calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning.

(5) Waiver of requirements. The Planning Board may waive upon written request of the applicant and as an integral part of its decision on the application any of the additional specific standards and requirements set forth in §§ 210-56 and 210-57 of this article and chapter for the approval of a particular special use permit. The grant of any such waiver shall be accompanied by a finding that compliance with the additional requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the circumstances of the particular special permit use. The finding shall also be supported by a determination under SEQRA that the grant of such waiver will not cause any significant adverse environmental effect that would have been avoided or more fully mitigated were there compliance with the requirement.

(6) Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 calendar days of the public hearing, which resolution shall clearly state the decision, including findings made, any waivers granted and any modifications or conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five business days thereof. Certified copies shall also be sent to the applicant and to the Town Code Enforcement Officer.

§ 210-60 Other administrative provisions.

A. Reimbursable costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 210-59 above. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.

B. Effect of special use permit approval.

(1) In addition to compliance with all other applicable sections of this chapter, and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer, such resolution accompanied as may be pertinent by a letter from the Planning Board Chairperson advising that any conditions set forth within the resolution have been satisfied.

(2) No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special use permit approval and other applicable requirements of this chapter.

(3) Any use for which a special use permit may be granted shall be deemed a conforming use in the district in which it is located provided that such permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.

(4) The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after a public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are no longer being, complied with by person responsible for conduct of the use. In such cases, the applicant shall be granted a period of 60 calendar days for full compliance prior to revocation of the special use permit.

(5) The granting of a special use permit in the Flood Fringe Overlay (FF-O) District shall not be held to constitute a representation, guarantee or warranty of any kind by the Town of Union Vale or any employee or official thereof, or consultant thereto, regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon, or cause of action against, such public body, official or employee for any damage that may result pursuant to such development or use.

C. Expiration of special use permit. A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the special permit and shall expire if the special use permit activity is not commenced and diligently pursued within six calendar months of the date of issuance of the special use permit. Upon prior written request to the Planning Board, the time period for initiation of the special permit use may be extended for a maximum period of one calendar year from its otherwise specified termination date.

D. Revocation of special use permit. In all instances, including those cited in above § 210-60B(4) of this article, a special use permit may be revoked by the Planning Board, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said special permit.

E. Integration of procedures. Whenever a particular action requires both the consideration of an application for special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this chapter, with the site plan review and approval process. Such integration of procedures may require, upon mutual consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this article for consideration of an application for special use permit or in Article VII of this chapter, as related to site plan review and approval.

F. Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be subject to the provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.