There is no limitation on the number of agricultural vehicles permitted accessory to farm use.

The storage of not more than one camping trailer or recreational vehicle and not more than one boat is permitted, provided that no such trailer, recreational vehicle or boat is stored within a required front yard setback.

All such facilities shall be on the same lot as the use to which they are accessory. However, such facilities may be designed to serve two or more establishments on the same lot.

Such facilities shall not be located in a required front yard or in a side yard adjacent to a residential district.

Unobstructed access at least 12 feet wide shall be provided between any loading facility and a street.

No access for any such facility shall be located within 50 feet of any street intersection.

All such facilities shall conform to the minimum required setbacks for the district in which they are situated, and they shall be screened from view from any residential district. All screening shall be in accordance with the standards and requirements contained in § 185-21.

Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:

Accessory off-street parking spaces, either outdoors or enclosed, shall be provided according to the Schedule of Off-Street Parking Space Requirements for Residential or Nonresidential Uses. A variation of these requirements may be necessary for the applicant to comply with this section. To assist the applicant and the Planning Board in determining parking requirements not covered by the schedule, the standards cited in the most recent edition of the Institute of Traffic Engineers' publication Parking Generation (see Chart 1 included at the end of this chapter) and the completion of the applicable portions by the applicant of Chart 3[1] may be necessary.

The Planning Board's determination of the minimum required number of parking spaces for any use shall include all spaces required by state law to serve handicapped persons.

For the purpose of determining the parking requirements for structures, any land developed as a unit, under single ownership and control, shall be considered a single lot.

In addition to the minimum required number of off-street parking spaces, the Planning Board may require a reserve area of up to 20% of the total area required for off-street parking to provide for additional parking, should future demand for parking spaces exceed the number of spaces provided. Such reserve area, which shall not reduce the maximum permitted percent of lot coverage, must be graded and available for parking use if required but need not be surfaced or otherwise developed for parking use until such area is required as determined by reconsideration of the minimum required off-street parking spaces by the Planning Board.

For any public assembly or restaurant use where a maximum occupancy figure is posted by the Code Enforcement Officer, one space shall be provided for every four persons up to the maximum occupancy if this figure is known at the time of site plan approval.

Areas which may be considered. Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, other than a street. A driveway within a required front yard setback area in a residence district may be counted as one space.

Location of parking spaces. Required accessory parking spaces, open and enclosed, may be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 500 feet of walking distance of such use or intended use. In all cases such parking spaces shall conform to all the regulations of the district in which they are located, and in no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such districts or by permission of the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory or leased for not less than 50 years, and said owner or lessee shall maintain the required number of spaces available either throughout the existence of such use or until such spaces are provided elsewhere.

Availability of spaces. All required parking spaces shall be available for the use to which they are related and shall not be otherwise used for long-term parking, parking unrelated to the use of the lot or storage.

Parking for handicapped drivers. Parking areas and parking garages shall provide parking spaces for handicapped drivers with dimensions, locations and number as required by applicable provisions of the New York State Uniform Fire Prevention and Building Code.

Parking space size. The minimum parking space width shall be nine feet, and the minimum length shall be 18 feet. Each space shall be delineated on the surface of the parking area by two painted lines parallel to the longest dimension of the space, each of which lines shall be four inches in width and beginning eight inches and ending 12 inches inside both dividing lines of the space. See Sketch B below.

Access to street.

Surface. All open parking areas shall be constantly maintained so as to prevent potholes and to retain the clarity of all required markings. They shall also be properly drained with a dustless surface. All parking areas in regular usage shall be paved with a year-round surface of oil and stone, asphalt or concrete.

Combined parking areas.

Landscaping.

The vehicle is engaged in the provision of service, delivery or pickup at a residence.

The vehicle is on a private lot, other than those cited in Subsection E(1) above, and is operated by an occupant of the principal building and the commercial vehicle is totally contained within a garage or carport. Notwithstanding the foregoing and the provisions of § 185-46, one commercial vehicle having a gross vehicle weight of not more than 16,500 pounds, operated by an occupant of the principal building, and not contained in a garage or carport, is permitted to be parked on a private lot, provided that any other commercial vehicle within a carport on the lot is completely screened from view.

Farm and agriculturally related commercial vehicles located on agricultural residential parcels are exempt from these regulations.

Campers or recreational vehicles, camper trailers and utility trailers may not be parked in a residential district in a required front yard setback nor between the street line and the principal building other than those cited in Subsection A(2) above. In no event shall such parked vehicles be used for residential purposes.

The following types of signs may be permitted as indicated in Article IV, Schedules of District Regulations, Use Table, Column A, of this chapter:

The following types of signs may be permitted in any district:

Flashing signs, including any sign or device on which artificial light is not maintained stationary and constant in intensity and color.

Any sign for which illumination provided is not diffused or indirect or which is arranged so as to directly illuminate neighboring properties in residential districts or any public street. The prohibition on illumination which is not diffused or indirect shall not be deemed to include the following:

Signs which may compete with or be mistaken for a traffic signal.

The outlining of the perimeter of the building by direct illumination of all or part of a building.

Signs not permanently affixed to a permitted building or structure.

Any sign, advertising display or structure permitted under this chapter exceeding 40 feet in height.

Such building, except for farm purposes, shall not exceed 15 feet in height.

Such building shall be set back at least five feet from any side or rear lot line and at least 10 feet from the main building.

Such building shall not occupy more than 10% of the required yard area in which it is proposed to be situated.

An accessory use to a principal residential use, as listed in Article IV, Schedules of District Regulations, Use Table, Column A, that is housed within an accessory building shall be limited to a maximum of 1,000 square feet or to a lower number as may be determined by the following formula:

Yards having a line bounding on the right-of-way of Interstate Route 87 or Interstate Route 84 shall not be considered front yards for purposes of this § 185-15.

The placement of a cargo container as an accessory storage use is limited to the following zoning districts and overlay district:

The placement of cargo containers for storage is further limited to lots in the above-identified zoning districts only if the lot upon which the cargo container is proposed to be located falls within a use classification in the applicable Table of Use and Bulk Requirements[1] for which cargo storage container is identified as a permitted accessory use and does not contain an accessory storage building.

Such cargo storage container shall not exceed 10 feet in height.

Such cargo storage container shall be set back at least 20 feet from any side or rear lot line or 50 feet from a side or rear lot line adjacent to a residence district or lot in residential use and at least 10 feet from the main building.

Such cargo storage container shall not occupy more than 10% of the required yard area in which it is proposed to be situated.

A maximum of one cargo storage container shall be permitted on each lot.

Accessory cargo storage containers shall have a maximum of 320 square feet of floor area.

Yards having a line bounding on the right-of-way of Interstate 87 or Interstate Route 84 shall not be considered front yards for purposes of this § 185-15.1.

If visible from any adjoining lot or any bounding street right-of-way at any time during the year, an accessory cargo storage container shall be appropriately screened with either landscaping, so as to provide an opaque sight barrier at least equal to the height of the container, or by an opaque fence or similar barrier of equal height.

A solid, firm base surface shall be provided for the cargo storage container capable of sustaining the load of the cargo storage container and its contents.

The cargo storage container shall have exterior doors or a roll-up door which shall be kept closed except during the placement and removal of stored items.

The siting of the cargo storage container shall comply with Chapter 157, Stormwater Management, and the cargo storage container shall not be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows.

No additions or attachments shall be affixed to the cargo storage container, including but not limited to decks or lean-tos.

The color of the exterior walls of the cargo storage container shall closely resemble the main color of the principal building.

The cargo storage container shall not be used to store hazardous materials, and no refuse or debris shall be placed in, against, on or under the cargo storage container.

The cargo storage container may not occupy any required off-street parking spaces or loading/unloading areas or fire lanes in any district.

Five copies of a detailed plan showing the proposed location of the accessory cargo storage container, including, but not limited to, setbacks from the property lines and other structures on the property.

Details regarding the cargo container, including, but not limited to, height, width, length, floor area and color.

Method of screening.

Such other information as the Code Compliance Supervisor may require to adequately review an application.

Permit fee, as adopted by resolution of the Town Board.

Existing lots. Nothing shall prohibit the use of a lot of less than the prescribed area or width when such lot is owned individually and separate from any adjoining tract at the time of enactment of this chapter, provided that all other provisions of this chapter are met.

Subdivisions.[1] Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision which was approved by the Planning Board prior to the effective date of this chapter shall have three years from the effective date of this chapter to obtain a building permit.

Future amendments.[2] In the event of a change or an amendment to this chapter, the provisions of which establish or increase either lot area or lot dimensions to exceed the lot areas or the lot dimensions of the lots shown and delineated on a subdivision plat of land into lots for residential use, and which said subdivision plat also shows and delineates one or more new streets, roads or highways in addition to lot lines and dimensions of the lots thereon delineated and which said subdivision plat has been duly approved by the Planning Board and which said subdivision plat or the first section thereof has been duly filed in the office of the County Clerk of the County of Orange, or the provisions of which establish or increase side, rear or front yard or setback requirements to exceed those applicable to the building plots under the provisions of the Zoning Law in force and in effect at the time of the filing of said subdivision plat or the first section thereof, then the lots contained therein shall have three years from the effective date of such change or amendment to obtain a building permit. Following such a three-year period, said subdivision, part or lots thereof not subject to a valid building permit shall be resubmitted to the Planning Board for approval in full conformity with the provisions of this chapter.

Yard requirements shall not apply to:

If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and district, said proposed dwelling need not have a front yard greater than the average setback of all existing dwellings so located.

The minimum width of each required side yard for a residential use on an existing lot providing less than the required lot width shall be reduced by 15 feet for lots in the R-1, AR and RR Districts and reduced by five feet for lots in the R-2 and R-3 Districts.

Additional yard requirements.

Additional side and rear yard requirements for lots adjacent to residence districts.

Alterations. A nonconforming use shall not be enlarged, extended, reconstructed or restored, except in accordance with Subsection B(2) herein, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.

Displacement. A nonconforming use shall not be extended to displace a conforming use.

Changes in use. A nonconforming use shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a more restricted nature.

Discontinuance. A nonconforming use shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

District changes. Whenever a zoning district boundary shall be changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses existing therein or to any uses that may become nonconforming thereby.

Relocation. A nonconforming building or structure shall not be moved to another location where such building or structure would also be nonconforming, unless such movement would decrease the nonconformity.

Restoration after damage. A nonconforming building shall not be restored for other than a conforming use after damage of more than 50% from any cause, unless a prior nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, any prior nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of the building. No enlargement of a nonconforming building shall be permitted as part of an allowed restoration.

Maintenance, repair, structural alteration, relocation, reconstruction or enlargement. Normal maintenance and repair, structural alteration, relocation, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to district regulations for lot area, lot width, lot depth, front, side or rear yards, building height, lot coverage, habitable floor area or other such dimensional regulation, is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such buildings.

Change in use. A change of use to a conforming use subject to site plan review of the Planning Board of a building which remains nonconforming as to the district regulations for bulk shall not be permitted without an area variance from the Zoning Board of Appeals and site plan approval by the Planning Board in accordance with the requirements of this chapter. All other changes in use of existing sites or buildings to a use subject to site plan review by the Planning Board shall not be permitted without site plan approval, except that for buildings or areas under 2,500 square feet, it shall be the Planning Board's determination as to whether a review by the Planning Board is or is not required. Such determination shall be made by resolution of the Planning Board following a discussion during a scheduled meeting or work session.

A building which received a certificate of occupancy on or before January 1, 2007, and which does not house a nonconforming use, but is nonconforming only as to district regulations for additional side or rear yard dimensions pursuant to § 185-18C or buffers pursuant to § 185-21 is permitted to be enlarged so long as the expansion is no closer to the boundary with the residential district than the existing building, the expansion has obtained all required approvals from the Planning Board on or before January 1, 2012, and is subject to buffer requirements imposed by the Planning Board pursuant to § 185-21C(6). Such a building expansion shall not be deemed an increase in the nonconformity of the building.

Nonconforming uses of open land.

Nonconforming signs. In any district, any sign not of a type permitted, or of a permitted type but greater than the maximum permitted size, may be continued for a period of one year following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming sign shall be terminated.

Individual mobile homes. In any district, any nonconforming use of an individual mobile home on its own lot may be continued after the effective date of this chapter, provided that said mobile home is not replaced by another mobile home.

Nonconforming mobile home courts. In any district, any mobile home court not in full conformity with the provisions of § 185-23B of this chapter may be continued for 10 years following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated unless the mobile home court has been brought into full conformity with the provisions of § 185-23B of this chapter in all respects except area of the overall parcel of the mobile home court.

Nonconforming petroleum bulk storage facilities. In any district, any petroleum bulk storage facility not in full conformance with the provisions of Article IV, Schedules of District Regulations, of this chapter may be continued for five years following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated unless the facility has been brought into full conformity with the provisions of § 185-39 of this chapter and the Zoning Board of Appeals has granted a variance for any noncompliance with Article IV, Schedules of District Regulations, of this chapter.

Rooftop and ground-level mechanical equipment shall be screened from view through the use of landscaping and/or building design where the Planning Board determines it appropriate.

Screening of playgrounds, parking and service areas, loading facilities, outdoor storage areas, hotels, motels and their accessory restaurants' parking, garage areas, delivery or service yards and outdoor active recreation areas shall comply with the requirements set forth elsewhere in this chapter and the standards herein. The Planning Board may in its discretion require proposed dumpster locations, garbage collection areas, utility boxes and similar site elements to be appropriately screened. In addition to the screening requirements set forth in § 185-57I(5), the Planning Board shall have authority in its discretion to require reasonable screening of parking and service areas from other public points of view and nearby residences, and to require the division of a proposed parking area into smaller parking areas with perimeter plantings around each area.

Cellular towers, accessory structures that house the backup to such towers, and public utility transformers shall be screened and landscaped with a minimum of 10 feet on all sides (see Chapter 168).

Vegetative screening at least 10 feet in width shall be provided adjoining the public thoroughfare from which no access is planned or permitted for any lot for single-family or multiple-family use having both its front and rear lot lines abutting a public thoroughfare, subject to the requirements of § 185-17 for corner lots.

Residential uses that are required to be buffered from other residential uses, as listed in § 185-21D(3) below, and which contain yards adjacent to a state or County highway or a Town collector road shall include a minimum of 50 feet of vegetative screening in the area of the yard closest to the highway or collector road and shall be bermed when the Planning Board determines it appropriate in order to protect the residents from highway noise, headlight glare or auto exhaust.

Stormwater management areas such as detention and retention basins shall be fenced. Stormwater management areas shall also be reasonably screened from public roads and adjacent residences unless designed to appear naturalistic in appearance. The Planning Board shall have authority to designate the type of fencing.

A buffer must be provided between any nonresidential and residential use, and between single-family and multiple-family uses.

No use or structure (except for those expressly authorized in this section), parking, light, sign, or outdoor storage shall be located within the buffer area. Fences, walls, barriers, underground infrastructure, provided it does not prevent surface vegetation growth, landscaping, paved pedestrian and vehicular site access, driveways and related traffic control signs, curbs, railings and streetlighting meeting the requirements of § 185-21E(10) below and as perpendicular to the buffer as feasible, are permitted within the buffer area.

Landscaped areas contained within required buffers may be used in meeting the landscaping requirements of this chapter, except internal parking area landscaping required pursuant to § 185-13D(9).

The Planning Board, at its discretion, may determine that preservation and maintenance of existing vegetation within the minimum buffer will satisfy the requirements of this section, provided the existing vegetation provides as great or greater density and screening than the guidelines for suggested buffer materials referred to in § 185-21E at full growth. The Planning Board may rely upon a certification by an arborist who has demonstrated knowledge and competency through obtainment of the current International Society of Arborculture arborist certification or who is a member of the American Society of Consulting Arborists or by a licensed landscape architect, provided such arborist's or landscape architect's experience and qualifications are acceptable to the Planning Board, that the existing vegetation provides greater density and screening than the guidelines for suggested buffer materials referred to in § 185-21E at full growth in making its determination.

As part of a site plan or plat, an alternative buffer may be reviewed and approved by the Planning Board, provided that it meets the intent of this section while recognizing unique conditions such as the actual proposed layout of building and parking areas, site conditions (for example, existing trees, topography or wetlands), and use of the property and adjacent properties. The Planning Board, however, shall have no authority pursuant to this section to reduce the required width of the buffer or the height, length or useful life of barriers or alternative structures utilized to reduce minimum yard requirements or those buffer requirements which are otherwise subject to the Planning Board's discretion.

As part of an amendment to a previously approved site plan or plat, the Planning Board may, at its discretion, require some or all of the buffering standards.

Buffer materials (including topography and where berms are proposed) are to be illustrated on an approved plan, within the dimensions of the permanent buffer area.

Buffers are to be installed as soon as possible, so plants can be established and screening achieved. The Planning Board shall require that buffer landscaping be secured in accordance with § 185-57L.

Gaps in buffers may be provided in the minimum width necessary for safety purposes for driveways and entry roads, provided that the requirements of § 185-21E(12) below are met.

No grading or other development activity which destroys vegetation shall be performed in required buffers unless for a use or structure permitted in the buffer pursuant to § 185-21C(2) above and conducted with the permission of the Planning Board.

Plans for landscaped areas within buffers shall be prepared by a licensed landscape architect or an arborist who has demonstrated knowledge and competency through obtainment of the current International Society of Arborculture arborist certification or who is a member of the American Society of Consulting Arborists, unless the Planning Board waives such requirement.

This subsection presents two tables setting forth minimum buffer widths. The Minimum Buffer Strip Requirement Table sets forth minimum buffer widths for zones abutting residential zones and the Buffer Requirements from Residential Uses in Residential Districts for Separate Land Uses Table sets forth minimum buffer widths for certain uses abutting residential uses. The larger of the two width requirements shall be used in determining the minimum buffer width for property boundaries which are subject to both requirements, unless a width is otherwise specified elsewhere in this chapter.

The Minimum Buffer Strip Requirement Table presents the minimum buffer widths that are required between differing districts.

The Buffer Width Requirements from Residential Uses in Residence Districts for Separate Land Uses Table presents buffer widths between specific land uses and residential uses. Section 185-25E below addresses vegetation and material requirements within buffers.

Barrier criteria.

Variety in species and design are encouraged.

The Planning Board, working with the applicant/developer, will determine the required type and number of buffer materials.

Existing vegetation shall be preserved wherever possible and all trees with a dbh eight inches or over within the minimum buffer shall be maintained unless their removal is approved by the Planning Board due to the location of permitted uses or structures within or crossing the buffer. The Planning Board shall require the submission of a tree protection plan prepared by an arborist who has demonstrated knowledge and competency through obtainment of the current International Society of Arborculture arborist certification or who is a member of the American Society of Consulting Arborists or by a licensed landscape architect. Unless the Planning Board, for good cause, determines otherwise, all trees and shrubs specifically required or designated to be preserved by the Planning Board shall be guarded as follows: a) for trees or shrubs with a crown spread of eight feet or less, a fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; b) For a tree with a crown spread over eight feet, a fence not less than four feet high shall be placed at least at the tree's dripline marking the outer edges of the branches or at a distance otherwise prescribed by the Planning Board. Fencing shall at a minimum be constructed of orange nylon-type material and stakes. Fencing and other barriers shall be erected before site preparation begins and remain in place until granting of the certificate of occupancy, except for work specifically required in the tree protection area in the approved plans. The owner or contractor shall submit written verification to the Code Compliance Department that required tree barriers are in place prior to demolition or building permit issuance. Every effort to avoid compaction of soil porosity within the tree protection area shall be taken at all times as mitigation against injury. All building material, soil or debris shall be kept outside these barriers and water shall not be permitted to accumulate near the base of the tree. Roads and driveways shall be located as far from protected tree areas as possible. If a temporary driveway is needed in the root zone of a protected tree, 12 inches of wood chips shall be used as a base for the equipment to drive on. Trees designated for protection shall not be damaged during site preparation activities or removed without the prior consent of the Planning Board. In the event that such trees specifically designated for protection are damaged during site preparation activities or removed without prior consent of the Planning Board, such trees shall be replaced by trees guaranteed and maintained for a period of two years. Preservation and replacement criteria shall not apply to the location of a barrier or berm within the buffer area. Unless the Planning Board, for good cause, determines otherwise, damaged, destroyed or removed protected trees shall be replaced by the caliper inch, such that for every inch of diameter (dbh) removed, an equal number of caliper inches shall be replaced (for example, the unauthorized removal of one twelve-inch-dbh tree shall necessitate the planting of six two-inch-dbh trees or four three-inch-dbh trees, etc.) until the approved buffer plantings densities have been achieved. Until such trees have been replaced, the bond or letter of credit posted by the developer for such tree replacement value shall not be reduced. Notwithstanding the foregoing, this section shall only apply to the extent that destruction of trees designated for protection results in a final buffer planting that is less than the approved plan's densities. Unless the Town holds an adequate landscaping performance security ensuring the replacement of the damaged or destroyed protected vegetation in addition to the initial approved plantings, no site plan approval, special permit, building permit, certificate of occupancy, variance, or other Town permit or approval shall be issued by any Town agency for said property until such replacement has been completed and approved by the appropriate Town official or consultant. The requirement for approval established by the previous sentence supersedes other provisions of the Town of Newburgh Municipal Code; the Town Law of the State of New York including but not limited to Sections 267-a, 267-b, 274-a, 274-b and 276; and any other applicable New York State laws that are subject to the Town Board's municipal home rule authority.

The Planning Board may require additional screening if existing vegetation is not thick enough to provide adequate screening.

Guidelines for the suggested number and composition of buffer materials for each minimum buffer width are presented in the table entitled Suggested Mix of Vegetative Buffer Materials at the end of this chapter. The table provides a guideline only and, pursuant to §§ 185-21E(2), (3) and (4) above, the Planning Board shall have authority to require greater density design and planting or less density design and planting when existing vegetation provides at least as great a density as landscaping planted in accordance with the guidelines will at full growth. Buffer design shall take into account the conditions and circumstances of the site and the proposed use. The table entitled Suggested Mix of Vegetative Buffer Materials at the end of this chapter provides guidelines for the suggested size and condition of buffer materials at installation and is also subject to Planning Board discretionary authority, provided at least as great a density as landscaping planted in accordance with the guidelines will be achieved at full growth.

Where a required buffer exceeds 60 feet in width, the 60 feet closest to the building(s) on the site shall be enhanced by the planting of dense buffer landscaping materials. The remaining buffer width closest to the property boundary shall remain undisturbed and maintained in its existing vegetative state.

All plant material shall meet American Association of Nurserymen Standards.

All plantings and existing trees designated for preservation that die or are destroyed within two years must be replaced.

Nonvegetative buffering, such as walls or fences, shall be installed so as to cause minimal disturbance to existing vegetation or topography and shall be located so as to provide an effective visual screen.

Along edges that abut residential districts or uses, driveways and entry roads within the required buffer area shall be additionally buffered with sound barriers if the access use creates noise impacts, as determined through the environmental review process.

An illustrative example of minimum yard, buffer width and material requirements is found with the tables at the end of this chapter.

Where two different zoning districts or land uses requiring a buffer between them are both in an existing improved condition, the buffer requirement is not retroactive. However, the provisions of § 185-19C apply in the event that any or all of the improved property is abandoned or demolished for the purpose of renewal or redevelopment; that portion of such property being renewed or redeveloped shall conform to the provisions of this chapter and the applicant and redeveloper of such property shall assume the burden unless otherwise provided herein.

Where both a non-single-family residential district or use and a single-family residential district or use requiring a buffer between them are vacant or undeveloped, the burden shall be assumed by the owner and developer, if other than the owner, of the non-single-family residential development, unless otherwise specified herein. The property owner and his or her agent is responsible for continuing maintenance of the buffer and any sound barrier or fence including prompt removal of graffiti and cleaning. Succeeding owners, lessees, and agents must also maintain the buffer, barrier or fence.

Where a single-family residential use is proposed adjacent to an existing non-single-family residential use or a nonresidential use, screening shall be provided by the owner and developer, if other than the owner, of the single-family residential development through the use of additional landscaping and planting within the required setback areas. In the event the owner and developer are applying for subdivision approval, the Planning Board may require the submission of a landscaping plan for such screening in the setback areas.

Failure to install or maintain a required buffer, barrier or fence in accordance with the requirements of this chapter shall be an offense subject to the enforcement measures and penalties set forth in Article VII.

In all residential zoning districts, maintenance of the buffer on single-family and two-family residential lots shall be at the discretion of the individual homeowner after the developer provides the buffer during initial development of the parcel and upon the expiration of any applicable landscaping maintenance security period. For multiple-family, townhouse, clustered developments and in condominiums in residential zoning districts, however, buffers shall be required to be maintained by the property owner, agent, sponsor, board of managers, condominium or homeowners' association upon its establishment and assumption of responsibility and ownership of common land areas, as the case may be.

All one-hundred-year floodplains shall be subject to the following regulations:

The following structures and uses are prohibited as new structures or uses within a one-hundred-year floodplain and five-hundred-year floodplain except if a variance has been granted pursuant to Chapter 109:

No structure or filling of land shall be permitted within a protected wetland that will result in a reduction of the runoff storage capacity of the wetland or the elimination of any indicator vegetation association from the protected wetland.

Any proposed structure, road or utility line within a protected wetland shall be of floodproof construction. The lowest floor or basement elevation and all road elevations shall be above the elevation of the one-hundred-year water surface elevation. All drainage structures shall be sized to pass a one-hundred-year discharge.

No septic tank or leaching field shall be located within a protected wetland.

No active recreational facilities included as part of a cluster development, a multiple-family residence or a mobile home court shall be located within a protected wetland.

Any use conducted within or adjacent to a protected wetland shall make long-term provisions for the control of erosion and the transport of silt and debris to the protected wetland so that said wetland will not be subjected to unnecessary accretion of sediments.

Any construction within a protected wetland shall conform to all permit requirements of the New York State Department of Environmental Conservation and/or United States Army Corps of Engineers and other federal agency requirements when applicable pertaining to such areas.

Chadwick Lake Critical Area of Environmental Concern. The following standards shall apply to all development proposed within the Chadwick Lake Critical Area of Environmental Concern: