Article V Special Use Permits

A property shall only be used in strict compliance with, consistent with and subject to all conditions of special permit approval where the same is required. No property shall be used for purposes not specified in the special permit approval where the same is required pursuant to this chapter.

Any substantial violation of conditions of a special permit shall be enforceable by the Building Inspector who shall issue a violation notice to require correction of the same. After due written notice by certified mail, return receipt requested, being served upon the owner and occupant of the property and on others pursuant to the procedures as set forth in Subsection C(2)(b), the Town Board shall have the authority to convene a public hearing for the purposes of considering revocation of the special permit approval. Following the closure of a public hearing scheduled upon the same, the Town Board may revoke such special permit approval if no correction of the same is initiated within a period of 60 days after the Building Inspector has issued such a notice of violation. However, such sixty-day time period shall be shortened to such a period of time as the circumstances shall require in the event that an emergency condition exists as a result of said violation.

Notwithstanding the revocation procedure set forth above, nothing in this section shall restrict the enforcement of such violations by any other additional lawful means including, but not limited to, the measures set forth in § 150-31 of this chapter.

Procedure.

Applications. Applicants for special use permits shall submit a sketch plan. Such sketch plan need not fulfill all requirements of § 150-16, but shall, at a minimum, indicate the location of the property, its ownership and Tax Map designation; zoning district and any applicable overlay district pursuant to this chapter; abutting property owners; and any significant natural features, along with an indication of the existing and/or proposed use(s), structures and uses not requiring structures, sufficient to give the Town Board a clear illustration of the proposed special use and its relation to the proposed site. Sufficient copies of such plan, with any necessary attachments, shall be submitted for the use of the Town Board, for referral to the Planning Board, any involved municipal planning, engineering, or other consultants and for any other agencies from which a permit is required for such special permit use. Such plans shall be submitted to the Town Clerk at least 15 days prior to the Town Board meeting at which approval is being requested. The Town Clerk shall certify whether such application includes all materials and requirements listed in this chapter at least seven days prior to the date of the Town Board meeting at which approval is requested. The Town Board shall be empowered to request reasonable additional features to be shown on the sketch plan if it deems the same to be necessary to provide sufficient information for said Board to make an informed decision on concept approval.

[Amended 7-6-2015 by L.L. No. 1-2015]

Concept review procedure.[1]

Prior to applying for approval of a special use permit, an applicant shall submit a sketch plan and data as described in Subsection C(1) above. The applicant shall discuss the sketch plan with the Town Board with regard to conformance to zoning requirements, including applicable criteria of § 150-15; existing and proposed public and private improvements and facilities and the adequacy thereof; conformance to the Master Plan; zoning district and any applicable overlay district(s) affecting the same; and the relation of the plan to the principles and standards set forth in Subsection A and § 150-14.

Prior to taking action on concept review for any special use permit, the Town Board shall hold a public hearing after public notice has been published at least once in the official newspaper of the Town at least five days prior to the date on which the meeting will be held. Notice of hearing shall also be delivered by the applicant by certified mail to all landowners within 500 feet of the entire tax parcel on which such requested use is proposed to take place, and also to such others as the Town Board may reasonably deem to be necessary. The text of said hearing notice shall be approved by the Town Board. An applicant shall provide the Town Board with an affidavit of mailing to said landowners, accompanied by a legible copy of relevant Tax Map sections showing the names of said landowners corresponding to their appropriate Tax Map parcel numbers. No action shall be taken until all interested parties shall be given an opportunity to be heard.

At least 10 days prior to the date of such hearing, the Town Board shall mail notice thereof to the County Planning Agency, as required by § 239-m of the General Municipal Law or as may be otherwise required in accordance with any agreements between the Town and the county relating thereto, which notice shall be accompanied by a full statement of the matter under consideration, as defined in § 239-m of the General Municipal Law.

Following conceptual review for a special use permit, the Town Board shall refer such application to the Planning Board for site plan review and recommendation. In its referral, the Town Board shall list any specific environmental or other concerns that have been identified in the concept review process and which may require further and more detailed consideration during the site plan review and special permit review process. Said Planning Board shall, in its site plan review, comply with the provisions of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and its implementing regulations under Title 6, Part 617 of the New York Code of Rules and Regulations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 150-14 General standards and objectives; findings.

Special permit procedure. Following the grant of site plan approval to a special use permit application by the Planning Board and the conclusion of the SEQR process, said special use permit application shall be reviewed by the Town Board prior to its granting said special permit with or without conditions as set forth in Subsection A.

Expiration. A special use permit authorization by the Town Board shall expire within 180 days of the date of approval of the special permit for such use in the event that a building permit has not been applied for within such period and granted within an additional sixty-day period, except that the Town Board shall have the power to extend a special use permit authorization for a period of up to two years from the date of the original resolution of approval, upon request.

Neighborhood character. For every special use permit granted, the Town Board shall make a specific finding that such use will not be prejudicial to the character of the neighborhood nor will it unreasonably hinder or discourage the legal and appropriate development and use of adjacent land and buildings.

Traffic. For every special use permit granted, the Town Board shall make a specific finding that such use, taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden on available access street(s). To achieve this objective, said Board may establish conditions reasonably related to the project's traffic impacts, including, but not limited to, the installation of turning lanes, consolidation of curb cuts or other measures in conformance with recognized engineering standards, such as those of the AASHTO (the American Association of State Highway and Transportation Officials), where permitted by the appropriate agencies having jurisdiction over such access street(s).

Lighting. For every special use permit which involves the installation of exterior lighting, the Town Board shall determine that such lighting will not shine directly on any abutting property. No unshielded lights shall be permitted.

Noise and aesthetics. For every special use permit granted, the Town Board shall make a specific finding addressing concerns relating to the time of day and volume of noise generation, as well as aesthetic design concerns relating to the compatibility of a proposed use, including any screening, grade changes or landscaping associated with such use, with surrounding structures and screening.

§ 150-15 Special criteria applicable to certain uses.

Day-care centers or facilities, nursery schools.

Operating standards.

The maximum number of children who may be in the care of the day-care center or nursery school at any one time shall be the number of children specified in the operating certificate granted by the New York State Department of Social Services or, if appropriate, the maximum capacity of children that may be served in a nonpublic nursery school or kindergarten pursuant to the standards set forth in § 125.1(b) of Regulations for Voluntary Registration of Nonpublic Nursery Schools and Kindergartens by the State Education Department.

The center or nursery school shall comply with all requirements of Part 418 of New York State Department of Social Services Regulations in regard to admission of children, the physical plant, required minimum interior room space of 35 square feet per child, toilet facilities, sanitation, safety requirements, staff-to-child ratios, maximum group size and other physical operating standards.

Play areas.

A usable outdoor play area shall be provided with a minimum of 50 square feet per child which plans to use such play area at any one time. Usable play area which is not proposed to be paved shall be well-drained or of a moderately well-drained soil type or stabilized clean fill material with equivalent drainage characteristics pursuant to soil conservation service guidelines, free of rock outcrops, boulders or large stones and having no more than 6% slope on average.

Such outdoor play area shall be fenced to protect the safety of the children and the general public. Fences to be provided shall be secure, sturdily and permanently mounted, free of splinters or rough wooden members and exposed nails and no less than four feet high. Chain link construction is preferable. Gates shall be secured so as to be resistant to opening by a child.

Such outdoor play area shall be set back a minimum of 50 feet from any street line and a minimum of 20 feet from any side or rear lot line. Where play areas are set back less than 30 feet from any adjoining property line, such setback areas shall be landscaped between the lot line and the fence with shrubs that are not less than the height of the fence, planted at no more than ten-foot intervals on center, except that in no case shall landscape plantings create an interference with lines of sight for entry and exit drives. For a play area located in the front yard, the Town may require the placement of bollards or other barriers to protect play areas from traffic hazards where deemed necessary.

Outdoor play areas shall include turf grass areas and space for play equipment and circulation. Paved areas may be included where safe and appropriate.

Multiple-dwelling residences.

Number of dwelling units.

The number of multiple-dwelling residence units on a site shall be four units per buildable acre, except that any permitted senior citizen and/or affordable housing density bonuses that an applicant may be granted shall increase the maximum permitted number of dwelling units accordingly. For efficiency, one- , two- and three-bedroom units which are designed and reserved by covenant for a period of at least 20 calendar years for use and occupancy by senior citizens and/or reserved for use and occupancy by persons meeting the affordable housing guidelines noted in the definition in § 150-2 of this chapter, up to an additional 30% of the base number of units permitted pursuant to this chapter may be permitted, provided that such additional units are reserved for senior citizen or affordable housing use. The placement of such additional bonus housing shall be integrated into the development phasing, subject to review and approval by the Planning Board.

Buildable acres for multiple residence density calculation shall be determined by deducting all of the following lands which may not be used for construction purposes from the gross total acreage of a site:

Existing easements which preclude development.

Any land underwater.

Any land that lies within the jurisdiction of the New York State Department of Environmental Conservation (DEC) pursuant to Article 24, the Freshwater Wetland Act,[1] and/or within the jurisdiction of the Army Corps of Engineers and/or other federal agencies pursuant to § 404 of the Clean Water Act, except where such land has received a permit for such use by either DEC and/or the Army Corps of Engineers and/or others as applicable.

Editor's Note: See Environmental Conservation Law § 24-0101 et. seq.

Any lands subject to flooding pursuant to § 150-9A(2) of this chapter shall be treated in accordance with § 150-9A(4)(c) for purposes of considering the allowable number of dwelling units at a density of four per acre of such lands.

The requirements of the Gateway Road Overlay District pursuant to § 150-9C shall apply within the multiple-dwelling group where so indicated on the Zoning Map.

[Amended 9-2-2003 by L.L. No. 2-2003]

Development standards. Access to and from the proposed development shall be on a public road. Access drives serving such development shall be separated by at least 125 feet from the center line of any intersection and shall at minimum have the American Association of State Highway and Transportation Officials' (AASHTO) recommended sight distance in both directions for its intersection with said public road. Any turning lanes shall be provided as needed, subject to approval by the appropriate highway authorities, in accordance with AASHTO recommendations based on current and projected traffic flow conditions for the development completion date. Future provision of the same must be conditionally provided for where the same is projected to be needed at some future phase of development based on projected traffic flows, where approved by the appropriate agency having jurisdiction over said access road.

Design and siting requirements.

No roofline of any structure shall exceed 40 feet without an offset of at least 15% of the building width.

No structure shall exceed 160 feet in total length.

All structures on all sides shall be separated from one another by at least 50 feet.

Provision for secure and sanitary garbage storage and collection shall be made.

Recreational space meeting the definitions of usable open space as defined herein shall be provided, with 100 square feet of total usable recreation area per bedroom provided. Required buffer yards shall not be included in the recreational area calculations, nor shall any active recreational uses be placed within any required yard. All such lands shall be in single or common ownership and shall be maintained by a single entity.

(f)

Internal walkways shall be provided throughout the development to ensure that the use of drives shall not be required for pedestrian circulation.

(g)

Exterior lighting shall be provided for parking areas, garbage storage areas, along walkways and near building entrances. Lighting of at least 0.5 footcandle shall be provided at ground level within such areas. However, intersections of proposed internal public and/or private development roads and access and egress locations to the development or other areas as specified by the Planning Board pursuant to site plan review may be required to provide more intense lighting up to a limit of three footcandles, as specified by the Planning Board in the site plan approval. Lighting patterns shall be arranged so that no exterior development lighting spills over the property line, except where specifically approved at the project access and egress location(s).

(h)

Construction materials shall be of a color and texture compatible with the character of adjoining residential development.

(i)

Parking areas shall be located within 300 feet of the units they are intended to serve. Large unbroken concentrations of parking areas shall be avoided, and the Planning Board can opt to require planting strips or areas of up to 5% of the total parking area at its discretion.

(j)

All lands and structures within a multiple residence development shall be in single or common ownership and shall be governed and maintained consistent with its site plan approval by a single entity.

(k)

Screening, whether fencing or planting of vegetation, may be required within required yards in order to protect adjoining land uses.

Auto repair shops and gas stations.

[Amended 9-2-2003 by L.L. No. 2-2003]

1. No such use shall be permitted to be established on a lot that is within five hundred (500) feet of another lot on which there is an existing automotive use or for which a building permit has been issued for the construction of an automotive use. Said distance is to be measured in a straight line between the nearest points of each of the lots or leased areas.

All service or repair of motor vehicles, except for the sale of fuel and lubricants, shall be conducted entirely within a building enclosed on all sides and shall be performed only between the hours of 7:00 a.m. and 7:00 p.m. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

Not more than one motor vehicle for every 2,000 square feet of lot area or not more than a number of motor vehicles equivalent to the number or parking spaces specified in § 150-22B of this chapter, whichever is less, shall be stored outside at any time. Further, there shall be no outdoor storage of parts or partially dismantled or wrecked motor vehicles. All parking, including the parking of tow trucks and other commercial vehicles, shall take place only in approved parking areas.

Fuel pumps shall be set back from the front property line at least 25 feet. All buildings and structures shall be set back at least 50 feet from the lot line of a contiguous lot in a residence district. No fuel pump shall be closer than 20 feet to any building.

Between an automotive use and a contiguous lot in a residence district, an area at least 10 feet wide with landscape screening shall be provided. Such planting shall be coniferous, shall have an initial height of at least five feet and shall be planted close enough together to adequately screen the automotive use from the view of the abutting land in the residence district. A wall or fence, suitable in appearance to the surrounding area, may be substituted for or required in addition to the landscape planting. Proper maintenance of landscaping shall be required.

There shall be no more than one driveway for each 75 feet of street frontage. Such driveway shall be not more than 30 feet wide, not less than 20 feet wide and not closer together than 30 feet at any point.

(7)

All driveways, parking and standing areas shall be permanently improved with a paved surface and shall have curbing at their edges. Adequate provision shall be made for the collection and disposal of stormwater runoff. All driveways and parking areas shall be so laid out as to avoid the necessity of any vehicle backing out into any public roadway or right-of-way.

(8)

All areas, except those which are paved, shall be landscaped. All parking areas shall be screened from adjoining streets and lots with coniferous planting having an initial height of at least five feet and planted close enough together to form a visual barrier. Other landscaping shall include the treatment of open space with shrubs, trees, lawn or flowers to present an attractive, well-kept appearance and the retention of natural wooded areas. Proper maintenance of landscaping shall be required. Fences or walls may be substituted for or required in addition to landscape planting.

(9)

All driveways, pump islands, other structures and landscaping shall be located so that there will be adequate sight distance of vehicles and pedestrians for the vehicles entering and leaving the premises.

(10)

The storage of gasoline or flammable liquids in bulk shall not exceed 10,000 gallons, shall be located fully underground and not nearer than 35 feet to any property line. There shall be no storage of waste materials, such as grease, oil or flammable liquids, except in a closed, underground receptacle or vaulted area.

Nonnuisance industry.

Requirements. Nonnuisance industry shall conform to the following restrictions set forth in this subsection.

Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and these shall be limited as follows:

Explosives. Activities involving the wholesale storage and/or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the appropriate licensing agency. The list of materials or products which decompose by detonation when in sufficient concentrations, includes, but is not limited to, the following:

Acetylides.

Azides.

Chlorates.

Dynamite.

Blasting gelatin.

Fulminates.

Anhydrous hydrazine.

Ammonium nitrates.

Dinitroresorcinol.

Dinitrotoluene.

Guanidine nitrate.

Gun cotton (cellulose nitrate with nitrogen content in excess of 12.2% or pyroxyline).

[13]

Hexamine.

[14]

Nitroglycerin.

[15]

PETN (pentaerythritol tetranitrate).

[16]

Picric acid.

[17]

Tetryl (trinitrophenylmethylnitramine).

[18]

Cyclonite or hexogen (cyclo-trimethylene-trinatramine).

[19]

Dinol.

[20]

Petryl.

[21]

TNT (trinitrotoluene).

[22]

Perchlorates (when mixed with carbonaceous materials).

Black powder.

Fireworks.

Greek fire.

Permanganates.

Peroxides (except hydrogen peroxide in concentrations of 35% or less in aqueous solution).

Fire hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire, and shall be provided with adequate fire-fighting and fire-suppression equipment and devices standard to such industry. Burning of waste materials in open fires is prohibited. All other relevant provisions of federal, state and local laws and regulations shall also apply.

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbance (except from household appliances and from communications equipment subject to the control of the Federal Communications Commission or appropriate federal agencies) which adversely affects at any point the operation of any equipment other than that of the creator of such disturbance.

Smoke. No emission shall be permitted at any point from any chimney, stack or other point of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used). This provision applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution which can cause damage to the health of humans, animals, vegetation or property or which can cause any excessive soiling at any point shall be permitted at any point, and in no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500º F. and 50% excess air.

(f)

Liquid or solid wastes or other materials. No discharge shall be permitted at any point into any private on-site sewage disposal system or into any stream or onto the ground of any material(s) in such a way or of such nature or temperature as can contaminate any surface or groundwater supply or otherwise cause the emission of dangerous or objectionable elements, except in accordance with standards approved by the New York State Health Department or County Health Department or Department of Environmental Conservation, where such requirements may be applicable. No discharge of such materials shall be permitted into a publicly or privately owned or operated central sewage treatment plant in such a way or of such nature or temperature as to interfere with the normal operating of such plant nor so as to pass through the system and be discharged in such a way as to contaminate any surface or groundwater supply. No accumulation of wastes or other materials conducive to the breeding of rodents or insects shall be permitted.

Measurement at the lot line. The existence of the following dangerous and/or objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line, and these shall be limited as follows:

Noise. At the specified points of measurement, the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound-level meter, and an octave band analyzer conforming to specifications prescribed by the American Standards Association, Inc., New York, New York (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, § 224.3 - 1944, American Standards Association, Inc., New York, New York, and American Specification for an Octave Band Filter Set for the Analysis of Noise and other Sounds, § 224.10 - 1953, American Standards Association, Inc., New York, New York, or the latest approved revisions thereof or successors thereto) shall be used.

Maximum permissible sound pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 7:00 p.m. and 7:00 a.m.

	TABLE I
	Frequency Ranges Containing Standard Octave Bands in Cycles per Second	Octave Band Sound-Pressure Level in Decibels re 0.0002 dyne/cm
	20 to 75	67
	75 to 150	66
	150 to 300	61
	300 to 600	54
	600 to 1,200	47
	1,200 to 2,400	39
	2,400 to 4,800	29
	4,800 to 10,000	20

If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be made to each of the decibel levels given above in Table I.

	TABLE II
	Type of Operation or Character of Noise	Correction in Decibels
	Daytime operation only	+5
	Noise source operates less than 20% of any one-hour period	+5*
	Noise source operates less than 5% of any one-hour period	+10*
	Noise of impulsive or periodic character (hammering, etc.)	-5
	NOTES: *Apply one of these corrections only.

Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three or more minutes' duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or for 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 1/10 gravity or result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual (Copyright 1951 by the Manufacturing Chemists' Association, Inc., Washington, D.C.).

Mining, quarrying and extraction.

Permitted operations. Mining, quarrying or excavation of natural mineral deposits, as defined in this chapter, may be permitted in certain districts as set forth in Article III of this chapter. Unless otherwise specified, such mining or excavation shall be strictly limited to the removal of the material and its loading for transportation. No washing, screening, crushing or other processing shall be permitted at the site except where specifically provided for in Article III and by special use permit approval of the Town Board. To the extent permitted pursuant to § 23-2703 et seq. of the New York State Environmental Conservation Law, the Town Board may subject approval of mining and/or processing operations to reasonable conditions which, in the opinion of the Town Board, will:

Protect adjoining property owners and other property owners that may be impacted by continuous or explosive noise, dirt, airborne materials, traffic generation and other unreasonable nuisances and/or hazards during the period of operations; and

When said mine is not regulated by the New York State Department of Environmental Conservation, to ensure such final grading, stabilization, revegetation and other treatment as will produce a safe and usable area that does not pose any undue threat to public health, safety and welfare and is aesthetically compatible with the character of the surrounding neighborhood.

Bonding. Such conditions may include, where applicable and among other things, the filing of a bond in a form acceptable to the Town in order to repair damage to municipal property or improvements.

Procedure. Before any mining or quarrying operation, as defined in this chapter, is commenced and prior to the extraction of any materials for any purpose, the owner or designated agent of such premises shall determine whether such mining or quarrying operation is regulated by the New York State Department of Environmental Conservation pursuant to § 23-2703 et seq. of the New York State Environmental Conservation Law. If not, the following procedures apply in obtaining a special use permit from the Town Board:

Plans of the proposed excavation shall be provided drawn to scale of not less than one inch to 20 feet, in compliance with site plan requirements of Article VI of this chapter. Such plans shall show any and all proposed phasing of excavations and any proposed permanent or temporary stabilization methods, structures, walls or barriers. Structural or nonstructural loading areas shall also be shown. Areas for stockpiling topsoil and cover material, if applicable, shall be indicated.

A detailed reclamation program shall be provided, as well as all proposed phasing of reclamation plans. No garbage or organic fill material shall be used in reclamation, filling or grading operations. Generally, reclamation plans shall provide finished angles of repose on all slopes in unconsolidated material that do not exceed a 1:3 vertical to horizontal grade, except that the Town Board may seek the advice and input of the Soil Conservation Service or other qualified soils engineers in order to determine a suitable grade and stabilization plans for the soils materials on any given site so as to avoid long-term erosion which may create water pollution, damage other properties, make the subject site unusable or harm the aesthetic character of the community. On areas to be revegetated, finished soil cover material shall be suitable to support and maintain the proposed vegetative plantings. Secure fencing at least six feet in height may be required to protect open excavation areas that will be more than six feet deep with side slopes that are steeper than 1:3.

Additional criteria.

Noise levels shall not exceed 65 dBA (decibels) at any residential boundary line of the property or boundary line of a residential zone.

The top of the natural slope in any excavation cuts shall be no less than 50 feet from any lot line, except the Town Board may delete such setback provision along any road frontage where the same would be compatible with the slope and drainage patterns of such road and also where the same would be compatible with the aesthetic environment of the adjoining properties.

No mining operation shall adversely affect adjoining properties in any way, including such items as drainage or drainage patterns, structural integrity of existing structures or their lateral support on other properties and the integrity of soil stability or wells.

No special use permit for mining shall be issued for a period exceeding three years, although the same may be renewed after review by the Town Board.

Exceptions. Nothing contained in this section shall require a person to obtain a special use permit for the following:

Excavations or grade changes to create any type of pond for any purpose; also any agricultural soil conservation measures installed in accordance with a written conservation plan approved by the Soil Conservation Service for a bona fide agricultural use.

Routine minor grade changes or excavations made for the purposes of farming an active agricultural property, landscaping an existing lot or made strictly for the purpose of developing a property in accordance with an approved subdivision or site plan, except that in no case shall any grade change on any property involve landfill of garbage or organic materials.

Mines subject to state jurisdiction.

Mines, quarries or extractive operations subject to regulation by the New York State Department of Environmental Conservation (DEC) pursuant to § 23-2703 et seq. of the New York State Environmental Conservation Law shall be subject to special use permit by the Town Board as set forth in § 150-15E, subject to the following:

Ingress and egress to Town roads and also routing of mineral transport vehicles on Town roads.

Requirements and conditions as specified in the permit issued by DEC regarding setbacks from property boundaries and public roads, natural or man-made barriers to restrict access, dust control and hours of operation, pursuant to the requirements set forth in this section at Subsection E(4) as such requirements may be applicable.

Enforcement of reclamation requirements contained in mined land reclamation permits issued by DEC.

Special use permit conditions may be placed with regard to the above listed items and may include the filing of a bond in a form acceptable to the Town in order to repair damage to municipal property and improvements.

Outdoor storage of nonhazardous material. Outdoor storage of nonhazardous materials may be permitted in certain districts as set forth in Article III. The Town Board may subject approval of such storage to reasonable conditions which, in the opinion of said Board, will:

Protect adjoining property owners and other impacted property owners from odors, fire hazard or other nuisance elements or safety hazards that may be created by such storage; and

Ensure such storage is secured so as not to pose any undue threat to public health, safety and welfare and is aesthetically compatible with the character of the surrounding neighborhood.

Coordinated business parks. Coordinated business parks shall be permitted as a special exception use by the Town Board, with subdivision and site plan approval for specific uses to be approved by the Planning Board. Within the coordinated business park, additional uses that may be permitted subject to all applicable requirements of this chapter include the following: gasoline filling stations; restaurants (including fast-food restaurants); personal service shops, such as beauty shops, barbershops, dry cleaners and the like; retail stores; permitted commercial indoor recreation, including bowling alleys, pools, indoor tennis courts and indoor skating rinks; health clubs; medical or dental clinics for outpatient care; nonresidential hotels/motels (with or without conference centers); and retail bank operations. Bulk requirements applicable to these uses shall be the same as in the HCR-4 District. Nontransient living accommodations or dwelling units are expressly prohibited within the coordinated business park.

Criteria for coordinated business park. The applicant shall present the Town Board with evidence of a comprehensive planned development, including general reservation of certain areas for similar land uses; sufficient road access and planned circulation patterns throughout the park; and controlling aesthetic and design features of structures, landscaping, maintenance and operations of uses within the proposed park by means of covenants and similar agreements. Such plan may involve phased development, including phased development of public or private improvements, such as roads, drainage features, water and sewer services.[2]

Editor's Note: Former § 85-15(7)B, regarding review procedures, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Expiration. If, within a period of three years from the date of granting the special use permit authorizing construction of a coordinated business park, less than 30% of the projected square footage to be constructed within said park has been completed, the special use permit authorization shall expire. Such authorization may be renewed for a period not to exceed one year upon approval of the Town Board.

Modification. The Town Board recognizes that market conditions that affect needs, uses and demands within a coordinated business park may change over time. Therefore, the Town Board may, upon written request by the applicant, modify the provisions of and conditions pertaining to its special exception approval for a coordinated business park, pursuant to the same review and comment provisions set forth in this subsection.

Hotels and motels.

Restrictions. Hotel and motel facilities shall be strictly for transient use and shall not contain kitchen facilities within transient rooms.

Interior connections. Hotel and motel units may provide interior connections such that a maximum of up to two rooms can be connected.

Usable area per room. Each hotel or motel room shall have a usable area of at least 240 square feet; and rooms containing bathroom and enclosed closet facilities shall have a usable area of at least 300 square feet. Each hotel or motel room shall have a private shower or bath facility, toilet and lavatory.

Office/registration facilities. Hotel or motel facilities must have office or other registration facilities.

Permitted accessory uses. Hotel or motel facilities may have the following accessory uses as specified below:

Not more than one accessory dwelling unit with full kitchen facilities, solely for the use of the resident owner, operator or manager of the hotel or motel facility, as follows:

A permitted accessory use in the HCR-4 District;

By special authorization of the Town Board in the NB District; and

By special authorization of the Planning Board in the OH-C District.

For hotels or motels with more than 12 rental rooms, one restaurant (except no drive-through facilities), cafeteria, dining room, food vending area or accessory on-site retail and/or service used for sale of candy, snacks and/or gift items with a square footage not to exceed the total area of the rooms or 5,000 square feet, whichever is less.

Recreational facilities for the exclusive use of hotel guests and their invited guests, including swimming pool, sauna, sunrooms, exercise rooms, tennis courts, children's playground, picnic tables and game rooms.

Additional accessory uses. Where specified in Article III, a hotel or motel may have accessory conference room facilities; associated food service or banquet facilities; and office facilities provided for use of hotel or motel guests only and not for long-term lease or commercial rental. Hotels or motels equipped with accessory conference room facilities shall also be permitted to have an accessory on-site retail and/or service use(s) for sale of candy, snacks or gift items up to a gross total of 5,000 square feet.

Nursing homes, convalescent homes, senior living and care communities and/or affordable senior living and care communities.

[Amended 3-4-2013 by L.L. No. 1-2013]

Criteria. Nursing homes or convalescent homes for the aged or senior citizens, senior living and care communities and/or affordable senior living and care communities, are permitted by special permit of the Town Board, in full compliance with these requirements. The Town Board may subject approval of such facilities to reasonable conditions which, in the opinion of the Town Board, will:

Protect adjoining property owners and the surrounding community from potential nuisance elements and threats to the public health, safety and welfare; and

Ensure that such facility is aesthetically compatible with the character of the surrounding neighborhood.

Density. With respect to senior living and care communities and/or affordable senior living and care communities, the number of dwelling units allowed is limited to 7.28 dwelling units per acre of land included within the property (including open space) which is allocable to the particular senior living and care community and/or affordable senior living and care community, as reduced by areas of wetlands and other environmental development constraints, if any.

With respect to senior living and care communities and/or affordable senior living and care communities, dwelling units of all types are permitted.

Independent and congregate living residences may include a mixture of one and two bedrooms, with or without dens.

Enriched housing units may include a mixture of one and two bedrooms, with or without dens and studio apartments.

Enhanced assisted living residences may include a mixture of companion suites and studio apartments.

Special needs assisted living residences may include a mixture of companion suites and studio apartments.

Filling stations. These regulations shall apply to all filling stations, whether the same are present singly or in combination with some other use, such as convenience retail stores, auto repair shops, a car wash or other uses.

Additional setbacks. Pumps shall be set back at least 25 feet from the edge of any road right-of-way.

Outside storage or display. Any and all incidental outside storage or display of items for sale must be part of any approved site plan.

Self-service stations. Self-service stations shall be open only during hours when an attendant is on duty and shall have pumps that only permit manual activation such that the pump shall not operate if not so activated. Such pumps shall be located in view of said attendant.

Parking and circulation. Where such facilities are present in conjunction with another use, such as a convenience retail store, whether either use is as an accessory or not, such uses shall permit adequate parking for all such conjoined uses, along with adequate separation and circulation space to meet the separate and combined needs of both uses without impeding traffic flows on a public street or highway.

Fuel storage. Filling stations shall be required to meet all current state and/or federal regulations applicable to underground fuel storage and sale and/or dispensing of such fuels.[3]

Editor's Note: Former § 85-15a, Incentive Zoning, added 11-15-1994 by L.L. No. 5-1994, which immediately followed this section, was repealed 4-30-1996 by L.L. No. 1-1996.

Active-adult, age-restricted housing. No special use permit shall be issued for the development of active-adult, age-restricted housing unless the Town Board shall find, in addition to the other requirements of this article, that the proposed use satisfactorily meets all of the following standards and conditions:

[Added 9-2-2003 by L.L. No. 2-2003]

Upon referral of the application to the Planning Board in accordance with § 150-13 herein, the Planning Board shall assist the Town Board, as necessary, in the review of the application with regard to the State Environmental Quality Review Act (SEQRA). The special use permit application shall be amended as necessary to enable the Planning Board to make a recommendation to the Town Board regarding a determination of significance. Site plan approval by the Planning Board shall be a condition of the issuance of any special use permit by the Town Board.

The active-adult, age-restricted housing shall have a net lot area of not less than 20 acres.

Number of housing units; net lot area.

The number of active-adult, age restricted housing units on a site shall be determined by dividing the net lot area by the minimum lot area required for single-family dwellings in the zoning district in which it is located, multiplying that result by four and rounding down to the nearest whole number.

Net lot area shall be defined as the gross lot area excluding the following percentages of environmentally sensitive lands (land that has two or more coterminous areas of environmentally sensitive lands shall be calculated at the most restrictive percentage):

Wetlands: 100%.

One-hundred-year floodplain: 75%.

Very steep slopes (equal to or greater than 25%): 75%.

There shall be no more than 400 dwelling units permitted in any active-adult, age restricted housing development.

Maximum building coverage limitations, as applied to the gross lot area of the active-adult, age-restricted housing site shall be 15%.

The active-adult, age-restricted housing plan shall maintain a minimum of 50% of the gross acreage as open space. A suitable landscaped buffer area of a size to be determined to be adequate by the Planning Board based upon considerations of topography, adjoining land use and site design, but generally not less than 100 feet in width shall be provided along all property boundaries. Such landscaped buffer area shall contribute to the satisfaction of the open space requirement of 50%.

(7)

The active-adult, age-restricted housing plan shall provide 300 square feet per dwelling unit of recreation facilities, subject to the satisfaction of the Planning Board, which normally consists of, at a minimum, a swimming pool and clubhouse. Such recreational facilities may contribute to the satisfaction of the open space requirement of 50%.

(8)

Active-adult, age-restricted dwelling units may be located in attached or detached structures, provided, however, that there shall be no more than four dwelling units in any one building. No building shall be closer than 50 feet from another building.

(9)

All dwelling units shall be permitted a maximum building height of 35 feet and 2 1/2 stories.

(10)

Each active-adult, age-restricted dwelling unit, excluding private garage space and any enclosable porch, shall have a minimum of at least 1,500 square feet of habitable floor area.

(11)

Except for the unit reserved for the resident manager as described in Subsection K(18)(f), all housing units shall be owner-occupied.

(12)

The developer shall provide covenants to the satisfaction of the Town Attorney ensuring that the active-adult, age-restricted housing project shall be developed in accordance with all applicable provisions of this chapter and that all amenities agreed upon by the developer and the Town of Hamptonburgh shall be completed prior to the issuance of any certificate of occupancy for the project.

(13)

The site shall have direct access from a public road.

(14)

Common indoor and outdoor recreational facilities shall be provided on site in lieu of recreation fees. Such facilities shall be as determined adequate by the Planning Board. Safety shall be emphasized in the design and particular attention given to pedestrian use. Vehicular circulation drives shall be separated from pedestrian walks. Abrupt changes in grade shall be avoided and all changes in grade in the walk system shall be accomplished by both ramps and stairs. Such facilities, where needed, shall be built to ANSI (American National Standards Institute) specifications.

(15)

All active-adult, age-restricted dwelling units shall be adaptable to ANSI for the handicapped.

(16)

There shall be provided a minimum of not less than two private garage spaces, plus 0.5 outdoor, unreserved parking spaces available for visitor use, for each active-adult, age restricted dwelling unit.

(17)

All active-adult, age-restricted dwelling units shall be serviced by public or private central sewerage and water supply facilities.

(18)

A homeowners' association shall be formed for purposes of owning, operating and maintaining all common land areas and all common facilities on the site, including the internal pedestrian and vehicular circulation system. All dwelling unit owners must be members of the association and shall share in all costs incurred by the association on an equitable basis. The applicant shall execute and file with the Town such documents as, in the opinion of the Town Attorney, will be sufficient to create a homeowners' association responsible for the continued ownership, use and maintenance of all common land areas and facilities in accordance with the following requirements and any other conditions and limitations deemed appropriate by the Town to assure that the interests of the Town and of the future homeowners will be adequately protected. In addition to all other purposes, the association shall establish necessary rules and regulations from time to time which shall be consistent with the purposes of this chapter and govern the use of premises authorized hereunder.

Membership in the association must be mandatory for each homeowner within the development and for any successive homeowners.

All restrictions on the use and maintenance of the common lands and facilities must be perpetual.

The association must be responsible for liability insurance, local taxes and maintenance of the common land areas and facilities.

Each homeowner within the development shall be made responsible for his proportionate share of the association's expenses, including taxes, and all assessments levied by the association shall become a lien on his property if not paid.