Town of Newburgh, NY Supplementary Regulations Applicable to All Districts

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.

Permitted accessory loading facilities. Accessory on-street loading facilities are not permitted. Off-street loading facilities are permitted accessory to any use except residential, according to the Schedule of Off-Street Truck Loading Space Facilities Requirements and subject to the following conditions:

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.

[Amended 3-5-2007 by L.L. No. 1-2007]

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:

	Schedule of Off-Street Truck Loading Space Facilities Requirements
	Floor Area (square feet)	Number of Spaces
	Under 25,000	1
	25,000 to 39,999	2
	40,000 or more	1 additional space for each 40,000 square feet in addition to the first 40,000 square feet

Minimum required off-street parking spaces.

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.

Off-street parking for residential uses.

	Schedule of Off-Street Parking Space Requirements for Residential Uses
	Use	Number Of Spaces
	Single-family and 2-family dwelling unit	2 per dwelling unit
	Multiple dwelling	2 per dwelling unit
	Residential membership club or fraternity	1 per residence unit plus 1 per each 2 employees on the premises at 1 time
	Senior assisted-care facility [Added 9-23-1998 by L.L. No. 10-1998]	1 per employee on the premises at any one time, plus 1 per 2 to 4 dwelling units or partial units (with or without kitchen), depending on the precise nature of the facility

Off-street parking for nonresidential uses.

[Amended 9-23-1998 by L.L. No. 10-1998; 1-23-2023 by L.L. No. 1-2023]

Schedule of Off-Street Parking Space Requirements for Nonresidential Uses
Use	Number of Spaces
Animal hospital	1 per 200 square feet of floor area
Auditorium, church, convention hall, stadium, theater, studio or other place of public assembly not otherwise classified	1 per 3 permanent seats or 1 per each 40 square feet of seating area where fixed seating is not provided
Bank or savings and loan association	See "office"
Bowling alley	3 per alley
Cannabis distribution facility	2 per 3 employees on the premises at any 1 period of time, with a minimum of 2 spaces or as required by the Planning Board
Cannabis medical dispensary	1 per 150 square feet of gross leasable floor area or as required by the Planning Board
Cannabis microbusiness facility	2 per 3 employees or as required by the Planning Board for premises demonstrating greater or lesser parking space needs in the judgment of the Planning Board or as required by the Planning Board
Cannabis on-site consumption premises	1 per 4 seats, or per 40 square feet of seating area or as required by the Planning Board for premises demonstrating greater parking space needs in the judgment of the Planning Board or as required by the Planning Board
Cannabis processing facility	2 per 3 employees on the premises at any 1 period of time, with a minimum of 2 spaces or as required by the Planning Board
Cannabis retail dispensary	1 per 150 square feet of gross leasable floor area or as required by the Planning Board
Drive-in facility or outdoor sales lot	1 per each 600 square feet of lot area devoted to outdoor sales or display. Drive-in facilities will be dealt with in terms of parking requirements based on their basic use, plus the additional spaces for the drive-up window(s)
Funeral home	1 per 40 square feet of public room floor area
Furniture and heavy appliance store	1 per 500 square feet of gross leasable floor area
Gasoline station, parking garage or repair garage	Sufficient parking spaces for all vehicles stored or being serviced at any 1 period of time plus a minimum of 5 additional spaces
Home occupation or home professional office	2 per 150 square feet of area given over to this component of the land use plus 1 for each additional 150 square feet or fraction thereof, but in no case fewer than 2 spaces
Hospital	1 1/4 per bed plus 1 per each 2 employees on the premises at any 1 period of time
Hotel or motel	1 per guest bedroom plus 1 per each 2 employees on the premises at any 1 period of time
Manufacturing or industrial establishment, research institute or laboratory	Parking area reservation equivalent to the total ground coverage of the building, with a minimum of 2 improved spaces per 3 employees on the premises at any 1 period of time, with a minimum of 2 spaces
Nursing home	1 per each 3 beds plus 1 per each 2 employees on the premises at any 1 time
Office or office building	1 per 200 square feet of floor area for the first 20,000 square feet of floor area, and then 1 per 300 square feet of any additional floor area
Public or semipublic art gallery, library or museum	See "auditorium" etc.
Restaurant, club, eating or drinking place, including fast-food and drive-thru facilities	1 per 4 seats, or per 40 square feet of seating area or as required by the Planning Board for restaurants demonstrating greater parking space needs in the judgment of the Planning Board
Retail store, shopping center and personal service store	1 per 150 square feet of gross leasable floor space
Retail store in excess of 25,000 square feet of gross leasable floor area	1 per 200 square feet of gross leasable floor area
School	1 per employee plus 1 per each 8 students in the 12th grade or above or the parking requirement for the auditorium or gymnasium component of the use, whichever is the greater
Shop for custom work	1 per 250 square feet of floor area
Shopping center in excess of 25,000 square feet of gross leasable floor area	1 per 225 square feet of gross leasable floor area
Trucking station	Sufficient parking spaces for all trucks stored or being serviced at any period of time plus 2 per 3 employees on duty or on the premises at any 1 time
Wholesale establishment or warehouse	See "manufacturing or industrial establishment"

Development characteristics. The development characteristics shall be as set forth in Chart 2, included at the end of this chapter.

[Amended 11-6-1995 by L.L. No. 7-1995]

Editor's Note: Chart 3 is included at the end of this chapter.

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.

[Added 9-23-1998 by L.L. No. 10-1998]

Parking space standards.

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.

	Sketch B
	Typical Parking Space Scale: 1/8 - 1 - 0	Detail @ Parking Space Scale: 3/4 - 0

Access to street.

Unobstructed access to and from a street shall be provided. Such access shall consist of at least two lanes of ten-foot width apiece.

No entrance or exit for an accessory off-street parking area with over 10 parking spaces or any loading berth shall be located within 150 feet of a street intersection.

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.

Required parking spaces may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, and the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.

When any lot contains two or more uses having different parking requirements, the minimum parking requirement for each use shall apply to the extent of that use. Where it can be reasonably demonstrated, based on Chart 3 (see end of chapter), that one or more such uses will generate a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may adjust the number of parking spaces required.

Landscaping.

All open parking areas shall be suitably landscaped. In parking lots with more than 20 spaces, at least 5% of the area of the parking lot shall be devoted to landscaping within the interior of the parking lot. Such landscaping shall be in addition to that which may be required along the street line, the lot lines or the building foundation. In all parking lots providing eight or more off-street parking spaces, one shade or flowering ornamental tree shall be planted for each eight parking spaces and any additional number thereof, said tree or trees to be planted in median dividers, islands or such other locations as may be acceptable to the Planning Board.

All planting beds, landscaped islands and pedestrian walkways, if provided, shall be protected by curbs, sturdy posts, rails or walls 1 1/2 to two feet in height or other protective devices and shall be of sufficient width to prevent damage or injury to both plant materials and pedestrians. Additional barriers may be required by the Planning Board to give better protection and to improve pedestrian and vehicular circulation.

Off-street parking of commercial and recreation vehicles in all residential districts. Commercial vehicles may be parked off street in residential districts, provided that:

[Amended 9-23-1998 by L.L. No. 10-1998; 3-3-2014 by L.L. No. 3-2014]

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.

§ 185-14 Sign regulations.

[Amended 5-18-2009 by L.L. No. 5-2009; 4-9-2018 by L.L. No. 3-2018]

Intent.

This section regulates signs which are visible from the right-of-way and from beyond the property where erected. These regulations balance the need to protect the public safety and welfare, the need for a well-maintained and attractive community and the need for adequate identification, communication and advertising for all land uses. At no time should these provisions be interpreted to regulate any aspect of the content of any sign. The regulations for signs have the following specific objectives:

To ensure that signs are designed, constructed, installed and maintained so that public safety and traffic safety are not compromised.

To allow and promote positive conditions for meeting a sign user's needs, while at the same time avoiding nuisances to nearby properties and promoting an attractive environment.

To reflect and support the desired character and development patterns of the various districts.

To allow for adequate and effective signs in commercial and industrial districts while preventing signs from dominating the visual appearance of the area.

These regulations allow for adequate and multiple types of signs for a site. The provisions do not necessarily assure or provide for a property owner's desired level of visibility for the signs.

Applicability and scope. This section regulates the number, size, placement and physical characteristics of signs. The regulations are not intended to and do not restrict, limit or control the content or message of signs. The regulations of this section apply to all districts in the Town. Notwithstanding anything to the contrary herein, "noncommercial" signs, including those expressing some personal, political or religious view, are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this section.

Conformance. No sign may be erected unless it conforms to the regulations of this section. Sign permits must be approved prior to erection of the sign.

Exempt signs.

The following signs are exempt from the provisions of this section but may be subject to other portions of the Town Code:

Signs inside a building, not governed by § 185-14J(6), pertaining to window signs, except for strobe lights visible from a right-of-way, private or public road or other private property.

Building numbers.

Signs carved into or part of materials which are on an integral and permanent part of the building, not to exceed four feet in total area on any one building.

Painted wall decorations and painted wall highlights that present no message or indication of a use and are meant strictly for artistic, decorative or design use or enhancement, provided such decorations, scenes or highlights have been presented to, reviewed and approved by the ARB.

Public and/or governmental signs, including traffic or similar regulatory devices and signs required to be posted by governmental regulation.

Flags and insignia of any government, except when displayed in connection with a commercial promotion.

Nonilluminated warning, "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.

Temporary nonilluminated signs on premises being offered "for sale" or "for rent" subject to the following regulations:

One attached wall or freestanding sign per street frontage will be permitted.

Signs shall be no closer than 10 feet from any property line.

Area and height.

For improved single- and two-family residential properties, the maximum area per sign shall be 12 square feet with a maximum height of six feet.

For improved multifamily residential properties, the maximum area per sign shall be 15 square feet with a maximum height of eight feet.

For improved nonresidential properties, the maximum area per sign shall be 24 square feet with a maximum height of eight feet.

[d]

For unimproved properties not exceeding two acres in size, the maximum area per sign shall be 32 square feet with a maximum height of 10 feet.

[e]

For unimproved properties exceeding two acres in size, the maximum area per sign shall be 60 square feet with a maximum height of 10 feet.

[f]

Signs shall not be illuminated.

[g]

All such signs shall be removed within three days after the ending of the listing period or the sale, lease or rental of the premises, as the case may be.

(i)

Temporary, nonilluminated window signs and posters not exceeding 10% of the window surface.

(j)

One temporary sign at a seasonal roadside stand selling agricultural produce grown on the premises, provided that such sign shall not exceed six feet and shall be set back a minimum of 10 feet from any property line. Any such sign shall only remain on the site for that portion of the year that the stand is active.

(k)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, nonilluminated, not exceeding four square feet per face and six feet above the ground.

(l)

Temporary, nonilluminated, noncommercial signs with fixed messages displayed for periods not to exceed 120 days in any calendar year, not exceeding nine square feet in total area and no more than 48 inches above grade. The date the signs are erected shall be legibly labelled on such signs with lettering no less than 2.5 inches in height. A maximum of four identical signs shall be placed within 200 feet of each other.

The Building and Code Enforcement Officer shall have the same authority with respect to exempt, temporary signs which do not meet or continue to meet the criteria for exemption as he or she has under § 185-14E(11) with respect to signs on lampposts, traffic light poles and utility poles whether or not attached or freestanding.

Prohibited signs. The following signs are prohibited and shall be removed.

Strobe lights and signs containing strobe lights which are visible from the exterior of the building.

Signs placed or painted on a vehicle, trailer or truck trailer and parked with the primary purpose of providing a sign for commercial purposes.

Animated signs. See § 185-14P.

A sign which copies or imitates or in any way approximates an official highway sign or carries the words "STOP," "DANGER," "GO SLOW," "CAUTION," "WARNING," etc.

Any sign in or projecting into a public right-of-way, except exempt, temporary, noncommercial signs permitted pursuant to § 185-14D(10).

A sign or illumination that causes any direct glare into or upon any building or street, other than the building to which the sign may be accessory.

"Abandoned signs," defined as those signs which do not pertain to a use for which the premises have been used for at least 360 days or which refer to an off-premises use which has not existed for at least 180 days.

Any sign which impairs or causes confusion to vehicular or pedestrian traffic in its design, color or placement.

Any sign mounted or attached to a tree, lamppost, traffic signal post, utility pole, etc.

Roof signs.

With the exception of any sign erected by the Town, county, state or other governmental authority or public utility, all signs pertaining to traffic regulations, parking regulations and fire zones which are subject to the rules and regulations of the New York State Vehicle and Traffic Law and warning, entry prohibition and safety signs, signs located upon lampposts, traffic light poles or upon utility poles without the express written permission of the utility company. It shall be presumed that any person, business or entity identified on any sign, poster, sticker or advertising device regulated by this section, or the owner, agent, registrant, manager, business, entity or person in charge of any telephone number, web site, entity, business or address identified on any sign, poster, sticker or advertising device regulated under this chapter is responsible for the placement of that sign, poster, sticker or advertising device. This presumption shall be rebuttable. The Building and Code Enforcement Officer shall prepare a notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation is not corrected within 20 days, the sign shall be removed in accordance with the provisions of this section; provided, however, that in the event the sign is clearly of a temporary and insubstantial value, including but not limited to paper, cloth, flags or cardboard signs, the Building and Code Enforcement Officer may direct the immediate removal of such signs upon 48 hours' notice. All notices mailed by the Building and Code Enforcement Officer shall be sent by certified mail, return receipt requested. Any time periods provided in this subsection shall be deemed to commence on the date of the mailing of the certified mail. The notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. Any person having an interest in the property on which the sign is located may appeal the determination of the Building and Code Enforcement Officer ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 10 days after receipt of the notice.

[Added 4-9-2018 by L.L. No. 6-2018]

(12)

Any sign which is not included under the types of signs permitted in specific district regulations or in this section.

Sign measurement.

Sign face area.

The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet surrounding the sign face. Sign area does not include foundations, supports and other essential structures which are not serving as a backdrop or border to the sign. Only one side of a double-faced sign is counted.

When a sign is on a base material and attached without a frame, such as a wood or plexiglass panel, the dimensions of the base material are to be used unless it is clear that part of the base contains no sign, related display or decoration.

When signs are constructed of individual pieces or letters attached to a building wall, the sign area is determined by a perimeter drawn around all the pieces or letters.

For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face.

The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.

Height of signs. The overall height of a sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure.

Nonconforming signs.

The lawful use of a sign or signs existing at the time of adoption of this chapter may be continued, even though the sign does not conform to the regulations and limitations of this section, until one or more of the following occurs:

The structure, size, location or accessories of any or all signs previously granted approval and permits are altered, modified, changed, reconstructed or moved.

The structure, size, location, lettering, color scheme or accessories of any or all signs on the property for which approval and/or permits have not been granted are altered, modified, changed, reconstructed or moved.

Buildings, structures or site improvements on the property upon which the sign is placed are altered in such a way as to require approval pursuant to Article IX of this chapter.

Any or all signs on the property are damaged or destroyed by fire, explosion or act of God to the extent of more than 60% of the actual value thereof.

Any or all signs on the property are abandoned.

Any or all signs on the property fall into a state of disrepair or become unsafe.

Nonconforming signs are not subject to the provisions of § 185-19, Nonconforming buildings and uses, of this chapter.

Ordinary maintenance and repairs may be made to any nonconforming sign, provided that the structure, lettering, color scheme or accessories are not altered, modified, changed, reconstructed or moved, and provided that such ordinary maintenance and repairs do not exceed 20% of the value of the sign in any one-year period.

Nothing contained in this section shall be deemed to require any change in the plans or construction of any sign upon which actual construction was lawfully initiated prior to the effective date of this section. "Actual construction" is hereby defined as the actual placing of the sign and/or structure materials in their permanent position in compliance with the previously obtained approval and permits.

General design criteria.

Where more than one sign is permitted for the same activity, all signs should be coordinated with respect to color, letter style, illumination and other graphic features.

In multiple owner/tenant occupancies, the various signs required for identification of different activities should be coordinated with respect to placement on the building facade, legibility and illumination and should express uniformity of design and create a sense of harmonious appearance.

All signs should be legible and visible for the purpose and circumstances in which they are used.

Sign(s) shall be considered a site plan and architectural feature of the proposed development and, as such, should be coordinated in size, height, color, illumination, location, graphic design and finish detailing with the building(s), landscaping, area lighting and vehicular and pedestrian circulation and shall be shown on and approved with the use where Planning Board or Architectural Review Board approval is required.

Where different uses are permitted side-by-side or on adjoining properties, signs permitted for one property or tenancy should not adversely affect the identification and reasonable use of the neighboring property or tenancy.

In general, changeable copy area of any sign should occupy no more than 1/3 of the area of said sign. See § 185-14P with regard to electronic message displays.

All limited access highway-oriented signs and billboards shall not be of changeable copy type and shall conform to applicable New York State Thruway Authority regulations and other state and federal laws and regulations.

Where signs are to be placed near residential uses, sign height, size, location and illumination should be adjusted for minimum impact to the residential uses.

Sign content should be orderly, and graphics should be of simple shapes, such as rectangles, circles or ovals.

No more than two typefaces shall be used on any one sign or group of signs.

The number of colors used should be the minimum consistent with the design.

(12)

Illumination. Where illumination of signs is permitted, such illumination may only be between sundown and 11:00 p.m. (or close of business). Illumination shall only be of an even intensity at all times. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or it may be indirect (when the light source is not visible from any adjoining property or street and is directed upon the sign) as specified in § 185-14P.

Illumination should be appropriate to the character of the sign and its surroundings and shall not adversely shine on or impact surrounding properties, uses or streets and roads.

No sign or similar advertisement shall be illuminated in such a manner so as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

(13)

Any tenant or user making an application for a sign permit shall submit with his application evidence that the landlord and owner of the building has approved the particular signage.

General construction and placement criteria.

All signs installed after the effective date of this section shall have attached to the sign a nameplate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined herein.

All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of the Underwriters' Laboratories Inc., and bear the seal of the Underwriters' Laboratories label. The sign shall be inspected and certified by an electrical inspection agency approved by the Town.

All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.

All signs, including attached wall, projecting and suspended wall signs, shall be securely anchored and shall not swing or move in any manner.

All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.

All signs shall be painted and/or fabricated in accordance with generally accepted sign industry standards.

All signs and sign structures shall be erected and attached totally within the site.

Vision clearance area. No sign may be located within the triangular area on corner lots determined in accordance with § 185-17B. No support structure(s) for a sign may be located in said area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less.

Vehicle area clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign shall be at least 14 feet above the grade. Vehicle areas include driveways, alleys, parking lots, loading, maneuvering areas, etc.

Pedestrian area clearances. When a sign extends over private sidewalks, walkways or other spaces accessible to pedestrians, the bottom of the sign shall be at least 8 1/2 feet above the grade.

Signs may be erected in required yards and setback areas, but not in buffer areas, unless otherwise specified in this chapter.

Specific regulations; sign types.

Attached wall sign: any sign posted, painted or constructed, attached and parallel to the plane of the building wall, facade, marquee or porch of any structure.

An attached wall sign shall be flush and flat throughout its length and height to the face of the wall to which it is mounted.

An attached wall sign shall not extend beyond the ends or over the top of the wall to which it is mounted.

In multistory buildings, it shall be located no higher than the first floor.

Its length shall not exceed 70% of the width of the tenancy or building wall to which it is mounted.

Attached wall signs may only be directly illuminated.

Attached wall signs shall not be located on the rear of a building.

Suspended wall sign: any sign which is suspended from a building wall, facade, marquee or porch by means of brackets, hooks, chains, etc., and whose face is parallel to the plane of said building wall, facade, marquee or porch.

A suspended wall sign shall not project more than 12 inches from the face of the wall to which it is mounted.

A suspended wall sign shall not extend beyond the ends or over the top of the wall to which it is mounted.

In multistory buildings, it shall be located no higher than the first floor.

Its length shall not exceed 70% of the width of the tenancy or building wall to which it is mounted.

Suspended wall signs may only be directly illuminated.

Suspended wall signs shall not be located on the rear of a building.

Projecting sign: a sign which is attached to a building wall, facade, marquee or porch and which extends more than 12 inches from the face of such building wall, facade, marquee or porch.

Projecting signs shall not have more than two faces.

The exterior edge of a projecting sign shall not extend more than five feet from the building wall, facade, marquee or porch to which it is mounted.

No part of a projecting sign shall extend into vehicular traffic areas.

Projecting signs may only be directly illuminated.

Under-canopy sign: a projecting sign placed at a ninety-degree angle to the building facade of a retail establishment and attached to the ceiling of a canopy or covered walkway or attached to the storefront or building facade to facilitate identification of the particular retail store or tenant.

The location of such sign shall be at least nine feet above the finished floor grade.

The area of under-canopy signs shall not be counted as part of the total allowable sign area for all permanent signs on the site.

Freestanding sign: a sign standing on the ground and usually, but not necessarily, supported from the ground by one or more poles, posts or similar uprights, with or without braces, and advertising products or uses made, sold, used or served on the premises displaying such sign.

No freestanding sign shall be located less than 15 feet from any front or side property line, or a distance equal to the height of said sign, whichever is greater.

A freestanding sign shall be located no less than 10 feet from any building, or equal to the height of the sign, whichever is greater.

A freestanding sign shall be no more than 35 feet in height above finished grade. Signs which exceed 14 feet in height shall be designed and constructed to withstand winds of 100 miles per hour, and such shall be certified to by a professional engineer or registered architect licensed to practice in the State of New York.

A freestanding sign shall not overhang any property lines.

Masonry-wall-type signs shall not exceed four feet in height above finished grade and shall not be placed so as to impair the visibility of motorists.

All freestanding signs must be protected from vehicular damage by a poured-in-place concrete curb or planter.

Freestanding signs may either be directly or indirectly illuminated.

Window sign: a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

The area of a window covered by window signs shall not exceed 25% of the area of said window.

Window signs may only be directly illuminated.

Awning sign: a sign mounted or painted on or attached to an awning or canopy.

No sign shall project out from, above, below or beyond the awning or canopy.

An awning sign shall only indicate the name and/or address of the use or premises.

Awning signs may not be illuminated.

Fence signs.

No sign or banner shall be placed on any fence which will impede the vision of pedestrians and/or motorists.

All signs or banners placed on fences must be attached securely to prevent them from interfering with pedestrians and/or motorists' safety.

All signs and banners shall be kept and maintained in a clean, legible manner.

Signs permitted in all districts. The following signs shall be permitted within any district in the Town:

On lots fronting on roads providing access to an existing residential subdivision. In conjunction with an existing development or neighborhood, signs may be placed, subject to the following conditions:

A maximum of two single-faced freestanding signs shall be permitted per development or neighborhood.

The maximum area per sign shall be 16 square feet. Only one sign shall be placed per intersection.

Such signs shall only be indirectly illuminated.

If such signs are freestanding, the maximum height shall be 48 inches above the finished grade.

On lots containing multiple-family uses. In conjunction with an existing multiple-family development having 20 units or more, on-site signs may be placed subject to the following conditions:

One freestanding, attached wall or suspended wall sign, single- or double-faced, shall be allowed per street frontage from which vehicles gain access to the development.

The maximum area per sign shall be 20 square feet.

If such signs are freestanding, the maximum height shall be 48 inches above the finished grade.

If freestanding, such signs shall only be indirectly illuminated.

Signs and banners generally.

All signs and banners must be legible, clean, orderly and maintained.

Banners shall not exceed 70% of the width of the building wall to which they are mounted.

Banners shall not be illuminated.

Banners shall not extend beyond the side of the wall to which they are mounted.

Long-term temporary signs.

On-site construction signs. In conjunction with a use that has an approved building permit for a project or a development, construction signs may be placed subject to the following regulations:

There shall not be more than one such single-faced, freestanding sign for each project or development.

Such sign shall be no larger than 32 square feet in total area and no more than 10 feet in height.

Construction signs shall not be illuminated.

Construction signs may be erected and maintained for a period not to exceed 14 days prior to the commencement of construction and shall be removed within 14 days of the termination of construction of the project or development.

Short-term temporary signs.

Temporary noncommercial signs. Signs for noncommercial purposes may be placed subject to the following regulations:

There shall not be more than one such sign for each tax lot. If the sign is not to be placed on property owned by the applicant for the permit, then the permit applicant shall present written consents from all the property owners on whose property the sign is to be located.

Such signs may be freestanding or attached wall signs.

Such signs shall not be illuminated, shall not exceed 32 square feet in total area and, if freestanding, shall be no more than eight feet in height.

Temporary, noncommercial signs may be erected and maintained for a period not to exceed 30 days.

Temporary on-site commercial signs. Signs, banners, posters and other similar devices pertaining to on-premises commercial uses may be placed subject to the following regulations:

No single sign shall exceed 32 square feet in total area nor exceed an aggregate total area of 64 square feet for the parcel.

If freestanding, no sign shall exceed 10 feet in height.

Permits for such temporary commercial signs shall not be issued more than twice for the same parcel within one calendar year.

All such signs shall be erected and maintained for a period not to exceed 30 days.

Off-premises signs at intersections on state highways. Off-premises signs pertaining to uses on intersecting streets within 0.5 mile of the intersection shall be permitted to be placed within 100 feet of the intersection subject to the following regulations:

The lot on which the sign is placed shall be otherwise vacant when the permit for the sign is issued.

One sign per lot shall be permitted.

No sign shall exceed 24 square feet in total area.

No sign shall exceed 10 feet in height.

No sign shall be placed in the triangular area on corner lots determined in accordance with § 185-17B.

The square footage of the sign shall count towards the total sign area allowed for the lot in the event the lot is developed in the future and the sign remains in place.

Signs permitted in the RR, AR, R-1, R-2 and R-3 Districts. In addition to signs permitted in all districts, the following signs shall be permitted within any residential district in the Town:

On a lot containing an approved home occupation or professional office, one nonilluminated, attached wall, suspended or freestanding sign may be placed on the premises subject to the following conditions:

Such sign shall not exceed four square feet in total area.

If freestanding, such sign shall not exceed six feet in height.

Signs permitted in the B District. The following signs shall be permitted within the B District:

Attached wall, suspended wall, projecting, window and awning signs may be placed on the premises subject to the following conditions:

The total allowable sign area for all permanent signs on the site, except freestanding signs, shall be as follows:

If there is no freestanding sign on the site, then one square foot of sign area per linear foot of building wall that fronts on a street is allowed.

If there is a freestanding sign on the site, then 3/4 square foot of sign area per linear foot of building wall that fronts on a street is allowed.

There is no limit on the number of such signs on a site so long as their aggregate square footage is within the total allowable area limit.

One freestanding sign may be placed on the premises subject to the following:

Such sign shall only be allowed if the building on the site is set back a minimum of 35 feet from the front property line.

On lots with a lot width of 100 feet or less, the maximum sign area shall be 40 square feet. On lots with a lot width of more than 100 feet, the maximum sign area shall be 60 square feet.

The maximum height shall be 14 feet.

Signs permitted in IB and I Districts. The following signs shall be permitted within the IB and I Districts in the Town:

Attached wall, suspended wall, projecting, window, awning signs and billboards may be placed on the premises, subject to the following conditions:

The total allowable sign area for all permanent signs on the site, except freestanding signs, shall be as follows:

If there is no freestanding sign on the site, then 1 1/4 square feet of sign area per linear foot of building wall that fronts on a street is allowed.

If there is a freestanding sign on the site, then one square foot of sign area per linear foot of building wall that fronts on a street is allowed.

There is no limit on the number of such signs on a site so long as their aggregate square footage is within the total allowable area limit.

One freestanding sign may be placed on the premises subject to the following conditions:

The maximum aggregate sign area shall be 250 square feet, with no individual sign face exceeding 150 square feet.

The maximum height shall not exceed the maximum permitted building height in the district in which the property is located.

Signs permitted for specific uses. Regardless of the district in which it is located, for the uses listed below, the signs permitted on the site shall be governed by the following:

Shopping centers. See § 185-14.1.

Mini-malls. Mini-malls shall be subject to the same regulations as shopping centers pursuant to § 185-14.1, except that only one freestanding sign shall be permitted.

Convenience stores with gasoline filling stations. Convenience stores with gasoline filling station signs shall be subject to the following:

One attached wall, suspended wall or projecting sign may be placed on the principal building, except that where the building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted. The maximum allowable sign area for the sign shall be 1/2 square foot of sign area per linear foot of building wall that fronts on a street.

One freestanding sign may be placed on the premises subject to the following:

The maximum sign area shall be 75 square feet.

The maximum height shall not exceed the maximum permitted building height in the district in which the property is located.

Service island identification signs. Service island identification signs indicating the price of gasoline, other relevant information or directions to persons using the facility, but containing no advertising material, shall be allowed subject to the following:

There shall be no more than one such sign for each service island located on the premises.

The maximum allowable sign area for each such sign shall not exceed six square feet.

Such signs may only be located attached directly to the service island structure, if any, or pump.

Such signs shall not project higher than the service island structure, if any, or pump, whichever is higher.

Motor vehicle service stations. Motor vehicle service station signs shall be subject to the following:

One freestanding sign may be placed on the premises subject to the following:

The maximum sign area shall be 75 square feet.

The maximum height shall not exceed the maximum permitted building height in the district in which the property is located. In the Office and Research District, the maximum height shall not exceed 35 feet.

Service island identification signs. Service island identification signs (for gasoline service stations only) indicating the price of gasoline, type of service offered, other relevant information or directions to persons using the facility, but containing no advertising material, shall be allowed subject to the following:

There shall be no more than one such sign for each service island located on the premises.

The maximum allowable sign area for each such sign shall not exceed six square feet.

Such signs may only be located attached directly to the service island, if any, or pump.

Such signs shall not project higher than the service island structure, if any, or pump, whichever is higher.

Service bay identification signs. Service bay identification signs providing direction or instruction to persons using the facility, but containing no advertising of any kind, shall be subject to the following:

One attached wall or suspended wall sign may be placed on the principal building for each service bay.

The maximum sign area for each such sign shall be 10 square feet.

Such signs shall be located either adjacent to or over a service bay entrance.

Electronic and illuminated signs.

[Added 4-9-2018 by L.L. No. 4-2018]

ELECTRONIC MESSAGE DISPLAY

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

ANIMATED SIGN

Any sign that uses movement or change of lighting or color to depict action or give the sense of motion, including animated graphics and video. "Electronic message displays" and "time, temperature or price signs" are not animated signs for purposes of this chapter. Animated signs are not permitted in any zoning district.

DISSOLVE

A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

A sign or portion of a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. A sign on which the message changes more than one time per 1/2 hour shall be considered an animated sign and not an electronic message display for purposes of this chapter. A "time, temperature or price sign" shall not be considered an electronic message display for purposes of this chapter.

ELECTRONIC SIGN

Any sign, video display, projected image, or similar device or portions thereof with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light-emitting diodes (LED), liquid crystal displays (LCD), plasma displays, fiber optics, or other technology that results in bright, high-resolution text, images, and graphics.

FADE

A mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

FLASHING

A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully nonilluminated for the purpose of drawing attention to the sign. Flashing is not permitted in any zoning district.

FRAME

A complete, static display screen on an electronic message display.

FRAME EFFECT

A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.

ILLUMINATED SIGN

Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

NITS

A unit of measure of brightness or luminance. One nit is equal to one candela per square meter.

SCROLL

A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.

TIME, TEMPERATURE OR PRICE SIGN

A sign on which the only copy that changes is an electronic or mechanical indication of the following functional information: time, temperature and/or price. A time, temperature or price sign shall not be considered as having an electronic message display or as an animated sign for purposes of this chapter.

TRANSITION

A visual effect used on an electronic message display to change from one message to another.

TRANSITION DURATION

The time interval it takes the display to change from one complete static message to another complete static message.

TRAVEL

A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.

Electronic message display standards and requirements. Electronic message displays may be permitted with the approval of a special use permit from the Planning Board in the B, IB and I Zoning Districts and on properties fronting on New York State highways in the RR, AR, R-1, R-2 and R-3 Zoning Districts, subject to the following standards and requirements:

Operational limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity.

Minimum display time. Each message on the sign must be displayed for a minimum of 1/2 hour.

Message change sequence. The change of messages transition duration must be accomplished within four seconds.

Number of electronic message displays per site. Only one electronic message display is permitted per site for each street frontage on which the site fronts and the sign is visible from a public right-of-way.

No special effects. No special visual effects of any kind such as moving toward or away from the viewer, expanding or contracting, bouncing, rotating, spinning, twisting, or otherwise portraying movement or animation as the message is displayed on the screen or to accompany the transition between any successive messages are permitted.

Electronic message display area. The electronic message display shall not exceed 50% of the total sign area permitted on the site.

Types of signs on which permitted. An electronic message display may be utilized on any permitted freestanding or monument sign provided that the sign is at least 200 linear feet in any direction from any other sign that uses electronic display in the B, IB and I Zoning Districts and 300 linear feet in the RR, AR, R-1, R-2 and R-3 Zoning Districts, and is 90° perpendicular to the flow of traffic.

Manufacturer's manual to be provided. Permit applications must include a copy of the manufacturer's operating manual, which includes the manufacturer's recommended standards for light levels, scrolling or traveling speed and other display operations.

(i)

Electronic message display required to go dark. Permitted electronic message displays shall be equipped to go dark in the event of a malfunction.

Standards applicable to all electronic signs and illuminated signs.

Permitted zoning districts. Electronic signs are permitted in the B, IB and I Zoning Districts, and in the RR, AR, R-1, R-2 and R-3 Zoning Districts only on properties having frontage on New York State highways and provided that the sign is oriented towards the fronting state highway.

Electronic signs which do not have electronic message displays shall utilize lights, including but not limited to LEDs and LCDs, which are stationary and constant in intensity and color.

Automatic dimming. Electronic signs shall be equipped with an automatic dimming photocell which adjusts the display's brightness based on ambient light conditions.

Adjacent and nearby residentially zoned property. Electronic sign faces shall be oriented away from areas zoned for residential use. Electronic signs located on a lot adjacent to any residentially zoned lot and within 100 linear feet of the lot boundary shall be turned off between the hours of 11:00 p.m. and 6:00 a.m. Electronic signs shall be located at least 200 linear feet from any residence on a residentially zoned lot.

Brightness.

Brightness levels of electronic signs cannot exceed the following footcandles (fc) by zone, measured within 100 feet of the sign.

Zoning District	Footcandles
B, RR, AR, R-1, R-2 and R-3	0.3
IB and I	0.5
	0.8
Source: Illuminating Engineering Society (IES)

No electronic sign shall be illuminated to a degree of brightness greater than necessary for adequate visibility or a maximum of 300 nits between sunrise and sunset, 5,000 nits during daylight hours, or the minimum standards set by the Federal Highway Administration, whichever is more restrictive.

Certification must be provided to the Town demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. In the event of receipt of a complaint, the Code Compliance Department may require reinspection and recalibration in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.

Nonelectronic illuminated signs. The illumination provided shall be diffused or indirect and arranged so as not to directly illuminate neighboring properties in residential districts and any public street. Front lighting of carved wood and raised letter signs is permitted so long as the lighting does not illuminate neighboring properties or the public street. See § 185-14H(12) for design criteria for illumination.

Permits.

Permit required. Except for the following, no person may erect, alter or relocate within the Town any sign without first obtaining a building permit for the sign:

Exempt signs as specified in § 185-14D.

Routine maintenance or changing of the parts of a sign, provided that the maintenance or change of parts does not alter the surface area, height or otherwise render the sign nonconforming.

Sign permit applications. Each sign being applied for shall require the filing of a separate permit application. Applications for sign permits shall be submitted to the Code Compliance Department on forms prescribed and provided by the Town and shall contain or have attached thereto the following information:

The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed and the person or company to be erecting or affixing the sign.

The location of the building, structure or lot on which the sign is to be erected or affixed.

A site plan of the parcel involved, showing all structures and the exact location of the proposed sign.

Two sets of plans and specifications of the sign to be erected or affixed and its method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color and weight.

If necessary, a certification from a professional engineer or registered architect licensed to practice in the State of New York indicating that the sign is designed to withstand winds of at least 100 miles per hour.

The written consent of the owner of the building, structure or property on which the sign is to be erected or affixed.

The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the electrical permit related to the electrical connection.

Such other information as the Code Compliance Department may require to determine full compliance with this and other applicable ordinances and regulations of the Town.

Issuance of permits. Upon the filing of an application for a sign permit, the Code Compliance Department shall examine the plans, specifications and other submitted data and the premises upon which the sign is proposed to be erected or affixed. If it appears that the proposed sign is in compliance with all the requirements of this chapter and other applicable ordinances of the Town and if the application is complete and the appropriate permit fee has been paid, the Code Compliance Department shall, within 30 days, issue a permit for the proposed sign. The issuance of a permit shall not excuse the applicant from conforming to the other laws, ordinances or regulations of the Town. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, but may be renewed within 15 days prior to the expiration, for good cause shown, for an additional 90 days, upon payment of 1/2 of the original permit fee.

Permit fees. At the time of filing a sign permit application, said application shall be accompanied by an appropriate application fee. Said application fees shall be established by Town Board resolution or in Chapter 104, Fees.

Review of existing signs.

Nonrequested inspections. The Code Compliance Department or his authorized representative shall have the authority, without a formal request, to inspect any sign for the purpose of identifying those signs which are not in compliance with the provisions of this chapter.

Requests for inspections. Any person may file a written request with the Code Compliance Department requesting an inspection of one or more existing signs as identified in the request and accompanied by a fee which the Town Board may establish by resolution from time to time. In each such instance, the Code Compliance Department shall promptly inspect such sign(s) to determine compliance with the provisions of this chapter. Following the inspection, the Code Compliance Department shall make a written report indicating the findings of the inspections to both the owner of the inspected sign and to the person filing the request for inspection.

Notice of violation. The Code Compliance Department shall notify, in writing, each owner of an existing sign found to be in violation of any provision of this chapter pursuant to inspections made under this subsection. The notice shall specifically refer to each section of this chapter under which a violation has been found to exist and thereupon describe the features of the inspected sign found to be deficient.

Effect of notice. Upon receipt of a notice of violation for an existing sign, except a legal nonconforming sign as specified in § 185-14G above, the owner of said sign shall have 15 days to correct the violation(s). If the violation(s) is not corrected after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed or repaired forthwith at the expense of the owner of the building or premises on which such sign is located.

Removal of certain signs.

Nonconforming signs. If the Code Compliance Department shall find that any nonconforming sign, except for those legal nonconforming signs as specified in § 185-14G, is displayed, the Code Compliance Supervisor or his designee shall give written notice to the owner of the premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.

Obsolete signs. Any sign, whether existing on or erected after the effective date of this chapter, which advertises or identifies a commercial use no longer being conducted on the premises on which the sign is located, shall be removed within 30 days upon cessation of such business or sale of such product by the owner of the building or premises on which such sign is located. If the Code Compliance Department shall find that any such obsolete sign has not been removed within 30 days upon the cessation of such business or sale of such product, he shall give written notice to the owner of the building or premises on which such sign is located. Removal of the sign shall be effected within 15 days after receipt of the notice. If such sign is not removed after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located.

Unsafe signs. If the Code Compliance Department shall find that any sign is unsafe, insecure or is a menace to the public, it shall give written notice to the owner of the building or premises on which such sign is located. Correction of the condition which caused the Code Compliance Department to give such notice shall be effected within 15 days after receipt of the notice. If such condition is not corrected after the conclusion of such fifteen-day period, the Code Compliance Department is hereby authorized to cause the sign to be removed forthwith at the expense of the owner of the building or premises on which such sign is located. Notwithstanding the foregoing provision, the Code Compliance Department is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner of the building or premises on which such sign is located, whenever it determines that such sign is an immediate peril to persons or property.

§ 185-14.1 Sign regulations for shopping centers.

[Added 4-9-2018 by L.L. No. 5-2018]

Intent. It is the intent of these regulations to address signage in shopping centers located in the Town of Newburgh. Because shopping centers contain multiple commercial users operating as a unit under single ownership in both individual and adjoining structures and because commercial users of shopping centers have varied signage needs and requirements, it is important to establish comprehensive signage regulations to ensure that there is a balanced and appropriate quantity and quality of signage and that such signage presents a uniformity of design and pleasant appearance. These regulations are the exclusive regulations governing signage for shopping centers in the Town of Newburgh. In the event of a conflict between these regulations and any other regulations governing signage, these regulations shall control.

Shopping center signage regulation. Attached wall, suspended wall, freestanding ground, awning, under canopy and directory signs may be placed within a shopping center subject to the following conditions:

Attached wall or suspended wall signage (permanent wall signage): Attached wall or suspended wall signage are signs attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall. Wall signs (attached or suspended).

Sign area for attached wall or suspended wall signs shall be the area contained within sign panel signboard (the flat surface of material upon which letters or other graphic content of a sign are displayed or, if no signboard or panel is present, the area contained entirely within the smallest rectangle or geometric shape which completely encloses the outer extremities of all graphic material of the sign. Where more than one sign is to be placed on a wall, the total sign area shall be calculated by applying the method outlined in Subsection B(1)(d), below, to each sign.

There shall be no limit on the number of the above signs on a site provided that their aggregate square footage is within the total allowable area.

Permanent wall signage may be internally or externally illuminated. If externally illuminated, light shall be shielded to prevent direct view of the light source.

The maximum allowable sign area for permanent wall signs (attached or suspended) within the shopping center site (which does not include freestanding ground signs, vehicular and pedestrian directory signs, awning signs and under-canopy signs) shall be two square feet of sign area per linear foot of building facade or front building wall (i.e., wall facing the designated primary access drive or parking area) for each specific business/store except that any business/store over 20,000 square feet may exceed this ratio up to an additional 0.5 square feet of signage for each lineal foot of building facade or front building wall so long as additional square footage is deducted from the allowable sign area for wall signs on sides and rear building walls.

In addition, permanent wall signs on sides and rear building walls shall be allowed up to one square foot of sign area for each lineal foot of building wall width (1:1 ratio) measured along those building walls. See Illustration Figure 1.[1]

Editor's Note: Said illustration is on file in the Town offices.

The methodology for calculation of total allowable sign areas as follows and illustrated in Figures la, 1b, 1c and 1d:

Front wall/facades: 2.0 square feet multiplied by front wall/facade length (linear feet) of the business/store = maximum allowable signage area for the front facade of that business/store.

For business/stores 20,000 square feet of floor area or greater, additional sign area for the front wall/facade is permitted as follows: 2.5 square feet multiplied by front wall/facade length (linear feet) = maximum allowable sign area for the front wall/facade. The additional sign area shall be deducted from the maximum allowable sign area from the side and/or rear walls.

Side and rear walls: 1.0 square feet multiplied by side and/or rear wall length (linear feet) = maximum allowable sign area for the side and/or rear walls for each business/store.

Blade signs and under-canopy signs: Blade signs are projecting signs mounted on a building facade/wall or an armature with the surface perpendicular to the normal flow of traffic (pedestrian or vehicular). Under-canopy signs are signs attached to building canopy or awning. See Illustration Figures 2 and 3.[2]

The maximum sign area per side of a blade or under-canopy sign shall not exceed four square feet. The overall area of blade or under-canopy signs shall not be included in the maximum allowable sign area for permanent signage as noted in Subsection B(2)(d).

One blade or under-canopy sign shall be allowed for each public entrance into an individual business.

Blade or under-canopy signs may identify the business and may include logos.

Blade or under-canopy signs shall provide a minimum clearance of seven feet four inches between the sidewalk surface and the bottom of the sign.

Blade signs may extend a maximum of 42 inches from the building.

Blade or under-canopy signs may be nonilluminated or internally or externally illuminated. If externally illuminated, lighting shall be shielded to prevent a direct view of the light source.

Editor's Note: Said illustration is on file in the Town offices.

Awning signs: Awning signs are signs mounted or painted on or attached to an awning or canopy. Awning signage shall not be included in the maximum allowable sign area for permanent wall sign signage as noted in Subsection B(1)(d) above.

Awning signs may be nonilluminated or internally or externally illuminated. If externally illuminated, lighting shall be shielded to prevent a direct view of the light source.

Freestanding ground signage: A freestanding ground sign is a sign erected on or permanently affixed directly to the land.

Freestanding ground signage area. The area of a freestanding ground sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting framework, open or enclosed, may be part of the design, but for the purpose of this chapter shall not be considered part of the sign area unless used for lettering, wording, or symbols. Only one side of the freestanding ground sign is used for the calculation of sign area. The area of freestanding ground signage shall not be included in the sign area calculations for any other type of signage.

There are two types of freestanding ground signage:

Pylon signs: Pylon signs are high-profile freestanding ground signage. The sign is supported by uprights, columns or braces placed upon or into the ground and detached from any building. Pylon signs shall include identification panels for individual tenants and shall identify the project as a whole as illustrated on Figure 4a.[3] Pylon signs shall meet the following criteria:

The maximum allowable sign area for each pylon sign shall be 450 square feet per side.

The maximum allowable height of a pylon sign shall not exceed the maximum permitted building height for any building in the district in which the property is located except no sign shall exceed 40 feet in height.

Up to two pylon signs may be placed on the property. One pylon sign shall be located at the main entrance drive for the shopping center. If a second pylon sign is installed, it must be located within the property and shall not be installed at a secondary entrance drive if any. However, the second pylon sign may be visible from surrounding streets or highways. Locations of pylon signs shall be as shown on the Master Signage Plan.

Editor's Note: Said figure is on file in the Town offices.

Monument signs: Monument signs are lower-profile freestanding ground signage as compared to pylon signs and are permanently affixed to the ground at its base and not mounted on a pole or exposed columns. Monument signs may identify the shopping center as a whole and/or individual tenants as illustrated on Figure 4b.[4] Monument signs shall meet the following criteria:

The maximum allowable sign area for each monument sign shall be 200 square feet (per side).

The maximum allowable height for a monument sign shall be 13 feet.

Monument signs shall not include exposed columns for the support of the sign face. The base of such sign shall be at least 50% of the dimension of the width of the sign face.

[d]

One monument sign per each shopping center entrance driveway is permitted except that when there is more than one driveway on the same street, no monument sign shall be permitted on a secondary driveway if located less than 200 feet from the primary driveway on that street unless Planning Board deems a monument sign is acceptable due to site specific conditions. Additionally, no monument sign shall be located at a main entrance driveway where a pylon sign is located. Locations shall be as shown on the Master Signage Plan.

Editor's Note: Said figure is on file in the Town offices.

Vehicular directory signage: Vehicular directory signage are signs which list the names, use, and/or location of the businesses or activities conducted within the shopping center buildings and which are intended to provide directional information for customers in vehicles; vehicular directory signage shall not be included in the maximum allowable sign area for permanent wall sign signage as noted in Subsection B(1)(d) above.

Maximum height: eight feet.

Maximum sign area shall not exceed 30 square feet (excluding architectural or structural features) per side.

Signs may be internally or externally illuminated subject to the illumination standards of this chapter. If externally illuminated, lighting shall be shielded to prevent a direct view of the light source.

Vehicular directory sign locations shall be shown on the Master Signage Plan.

Vehicular directory signs shall be located so as not to impede traffic on public rights-of-way and the driveways and entrances serving the shopping center.

Pedestrian directory signage: Pedestrian directory signage are signs which list the names, use and/or location of the businesses or activities conducted within the shopping center buildings and which are intended to provide directional information for customers on foot. Pedestrian directory signage shall not be included in the maximum allowable sign area for permanent wall signage as noted in Subsection B(1)(d) above.

Maximum height: eight feet.

Maximum sign area shall not exceed 20 square feet (excluding architectural or structural features) per side.

Signs may be internally or externally illuminated. If externally illuminated, lighting shall be shielded to prevent a direct view of the light source.

Pedestrian directory sign locations shall be shown on the Master Signage Plan.

Motor vehicle service stations signage within shopping centers. Motor vehicle service station signs shall be subject to the following:

One attached wall, suspended wall or projecting sign may be placed on each building wall or canopy wall. The maximum allowable sign area for the sign shall be one square foot of sign area per linear foot of building wall or canopy face.

One freestanding ground sign may be placed on the premises subject to the following:

The maximum sign area shall be 100 square feet per side.

The maximum height shall not exceed the maximum permitted building height in the district in which the property is located but shall not exceed 40 feet.

The freestanding sign for the motor vehicle service station shall be in addition to the quantity of freestanding ground signs permitted under these regulations.

There shall be no more than one such sign for each service island located on the premises.

The maximum allowable sign area for each such sign shall not exceed eight square feet.

Such signs may only be located attached directly to the service island structure, if any, or pump.

Such signs shall not project higher than the service island structure, if any, or pump, whichever is higher.

Temporary nonilluminated banners, signs for promotional or special events, temporary decorative signs, and banners and pennant signs which do not include tenant names, products, services or advertisement, subject to the following conditions:

A maximum of one such temporary banner, sign or pennant per customer entrance to the building shall be permitted.

Each such temporary sign shall be erected for a maximum total time period of 20 days in any one calendar year and shall thereafter be immediately removed.

Such temporary signs are in addition to the other signs permitted pursuant to these regulations.

Such temporary signs need not be included in the comprehensive sign plan submitted to the Planning Board and will not require Planning Board or Architectural Review Board approval. A building permit is, however, required for such signs.

Master Signage Plan.

A comprehensive sign plan shall be submitted to the Planning Board as part of its site plan and/or special permit approval process for any shopping center and shall be reviewed and conceptually approved in conjunction with the Architectural Review Board process. The comprehensive sign plan shall include sign area boxes representing the wall sign area for each business or tenant, the design and location of freestanding signage and directory signage (except specific copy on panels is not required to be shown). Specific wall sign designs may be included in the comprehensive sign plan but is not required.

Any retail store or tenant making an application for a sign permit shall submit with such application evidence that the landlord or owner of the shopping center has approved the particular signage.

Exempt signage. The following signs are exempt from the provisions of this section:

Signs inside a building, except for strobe lights visible from a right-of-way, private or public road or other private property.

Building numbers.

Signs carved into or part of materials which are on an integral and permanent part of the building, noting the name of the building and its date of erection.

Painted wall decorations, painted scenes and painted wall highlights that present no message or indication of a use and are meant strictly for artistic, decorative or design use or enhancement, provided such decorations, scenes or highlights have been presented to, reviewed and approved by the ARB.

Public and/or governmental signs, including traffic control or similar regulatory devices.

Flags and insignia of any government, except when displayed in connection with a commercial promotion.

Nonilluminated warning signs, not exceeding two square feet per face.

Temporary nonilluminated "for sale" or "for rent" real estate signs concerning the premises upon which the sign is located:

One such sign will be permitted for each street frontage per property, not exceeding six square feet per side; the top of the sign shall be no higher than six feet above the ground, and it shall be no closer than 10 feet to any property line.

All such signs shall be removed within three days after the sale, lease or rental of the premises.

Holiday decorations, displayed for a period of not more than seven consecutive weeks and not more than 10 weeks in total during any calendar year.

Temporary, nonilluminated window signs and posters not exceeding 30% of the window surface.

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, handicap parking, special parking zones, one-way, truck routes, etc., entrances and exits and similar signs, nonilluminated, not exceeding four square feet per face and six feet above the ground, except in cases where such sign is regulated by local, county, state or federal regulation such regulation shall govern.

§ 185-15 Accessory buildings.

[Amended 8-16-2010 by L.L. No. 6-2010]

A permitted accessory building may be located in any required side or rear yard, provided that:

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:

A + (B X C) = D 100
Where:
	A	=	Gross area of lot in square feet.
	B	=	Livable floor area of residence in square feet.
	C	=	Minimum requirement in the zoning district for one side yard, in feet.
	D	=	Total square footage permitted for all accessory buildings.

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.

No such building shall project closer to the fronting street than the front of the main building. This regulation shall not apply when the fronting street is the right-of-way of Interstate Route 87 or Interstate Route 84.

§ 185-15.1 Cargo container use for storage.

[Added 2-10-2014 by L.L. No. 2-2014]

Permitted locations.

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

Business (B).

Interchange Business (IB).

Industrial (I).

Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay (LHI).

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.

Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.

Cargo containers are not permitted to be used for accessory storage on property zoned residential or on property, the primary use of which is residential.

Notwithstanding the provisions set forth in Subsection B of this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties, the primary use of which are residential, for the limited purpose of loading and unloading household contents, shall be permitted for a period of time not exceeding 90 days per residence in any one calendar year.

Notwithstanding the provisions set forth in Subsections A, B and C of this section, construction contractors may use cargo containers for the temporary location of an equipment and/or materials storage structure during the period the contractor is engaged in construction on the property where the cargo container is located. If construction ceases or is abandoned, the cargo container must be removed from the property.

A permitted accessory cargo storage container may be located in any required side or rear yard, provided that:

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.

(12)

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

(13)

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.

(14)

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

A permit shall be required prior to the placement of an accessory cargo storage container on a lot, except for the temporary placement of transport containers and/or portable site storage containers on properties, the primary uses of which are residential, for the limited purpose of loading and unloading household contents pursuant to Subsection C above. An application for a permit shall be made to the Code Compliance Department. The application shall be accompanied by the following:

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.

Nothing herein shall be construed to restrict the use or cargo containers for agricultural operations.

§ 185-16 Fences and walls.

Fences and walls shall be permitted in any yard or along the edge of a yard; however, no fence shall be erected within the right-of-way of a public road.

Within any residence district, fences or walls within required front or side yard areas shall not exceed six feet in height from ground level.

No fences and walls shall be permitted in locations where they will interfere with adequate sight distance for vehicles exiting from a driveway on the parcel where the wall or fence is to be constructed or from driveways on neighboring property.

Fences and walls shall conform to corner lot requirements where applicable (see § 185-17, Corner lots, of this chapter).

With the exception of Subsection D of this section, there shall be no restriction on the type and height of a fence or wall in a nonresidence district.

§ 185-17 Corner lots.

Front yard setbacks are required on both street frontages, and one yard other than such front yards shall be deemed to be the rear yard, and the other yard shall be the side yard.

At all street intersections no obstructions to vision, such as but not limited to shrubbery, low-branching trees, finished grade of earth, earthwork in progress, berms, fences, walls, signs or vehicles shall be erected or permitted to a height in excess of two feet within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 40 feet distant from their point of intersection. Existing trees with branches which are trimmed away to a point up to 10 feet above the ground area may be allowed in this area. Tree branches 10 feet above the ground and higher may also be allowed to encroach on the area.

[Amended 9-23-1998 by L.L. No. 10-1998]

"A" equals street lines extended. If the radius of the street corner is greater or less than 20 feet, the length "B" shall be reduced or increased by an equal amount such that length "C" remains constant at 40 feet.

§ 185-18 Exceptions to district regulations.

Nonconforming lots of record.

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.

Editor's Note: See also Ch. 163, Subdivision of Land.

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.

Editor's Note: See also §§ 185-5 and 185-64.

Height regulations. The height limitations of these regulations may be waived for structures such as, but not limited to, silos and private home antennas and for the following roof-mounted facilities, provided that such facilities do not cover in excess of 10% of the total area of the roof on which they are situated: flagpoles, spires, belfries, chimneys, transmission towers, skylights, water or cooling towers and elevator penthouses.

Yard requirements.

[Amended 3-5-2007 by L.L. No. 1-2007]

Yard requirements shall not apply to:

Chimneys, open trellises, unroofed steps or terraces not higher than one foot from ground level.

Overhanging roof that does not project into the required yard over 10% of the required setback distance.

Awning or movable canopy that does not project over 10 feet into a required yard area.

Fences or walls.

Infrastructure installed in connection with an approved site plan including walkways, curbs, fire lanes, driveways and other site access, railings, pump stations, meter pits, septic systems, lighting, electrical service equipment, stormwater management facilities, including but not limited to detention basins, dumpster enclosures, traffic control signs and similar facilities.

Off-street parking except where otherwise prohibited.

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.

No building or structure shall be placed within 80 feet of the center line of Rock Cut Road, Drury Lane, Forest Road, Union Avenue (from the New Windsor line north to Union Avenue Extension), Union Avenue Extension or Plattekill Turnpike.

Front yards abutting all county and state highways shall be at least 60 feet in depth, except where the majority of existing buildings on either side of the road within 300 feet from the intersection of the nearest property line and street line are of a lesser average depth. In such case, the front yard depth shall be 50 feet or the average of all lot depths within said 300 feet, whichever is greater.

For all new development projects, the first 35 feet of the front yards of all properties fronting on Route I7K from the City of Newburgh west to the Town of Montgomery shall be landscaped. Private service or marginal roads (except for access driveways) and parking of vehicles shall not be permitted in these landscaped areas. The thirty-five-foot dimension shall be expanded to 45 feet for all properties on Route 17K which lie within 350 feet of the intersections of center lines of intersecting streets.

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

A side or rear yard in the B, IB and I Districts adjacent to a residence district and required to contain a buffer shall have a minimum width or depth in accordance with the following table, which supersedes the Table of Use and Bulk Requirements.[3] The Planning Board shall have the authority in its reasonable discretion to increase the minimum yard width or depth set forth in the following table if it determines a proposed use will have adverse effects on an existing residential neighborhood.

Minimum Adjacent Side and Rear Yard Requirements Table for Lots in the B, IB and I Zones Abutting Residential Zones
	Minimum Side/Rear Yard Adjacent to Residential Zone
Building size***		B	IB and I
	Total building floor area less than 30,000 sq. ft.	The greater of the minimum required yard set forth in the B District Table of Bulk and Use Requirements - Schedule 7, or 25 feet*	100 feet*
	Total building floor area 30,000 to 49,999 sq. ft.	75 feet*	125 feet*
	Total building floor area 50,000 to 74,999 sq. ft.	100 feet*	125 feet*
	Total building floor area 75,000 to 99,999 sq. ft.	125 feet*	150 feet*
	Total building floor area 100,000 to 124,999 sq. ft.**	175 feet*	175 feet*
	Total building floor area 125,000 to 249,999 sq. ft.**	185 feet*	185 feet*
	Total building floor area 250,000 to 500,000 sq. ft.**	200 feet*	200 feet*
	Total building floor area greater than 500,000 sq. ft.**	225 feet*	225 feet*

	NOTES:
	*	Add two feet to the minimum side/rear yard setback for each one foot in height above 35 feet. If there is more than one building on the lot, the height of the tallest building within 250 feet of the residential zone shall be utilized in the calculation.
	**	If a barrier conforming to § 185-21D(4) below is provided, the minimum side or rear yard setback for the yards containing the barrier abutting residential zones is 150 feet.
	***	Total building floor area shall mean the aggregate floor area of all buildings, including accessory buildings, on the lot, or in the case of shopping centers, retail stores, restaurants, eating and drinking places, offices and business parks, the floor area of all buildings on the lot and on lots with adjoining parking areas, where any portion of the building is within 250 feet of a residential district boundary. For purposes of this provision, adjoining parking areas shall mean parking areas with lanes or spaces within 50 linear feet of each other, connected by easement or right-of-way or under common management or control.

Editor's Note: Said Table is included at the end of this chapter.

Exceptions.

Residential uses permitted or permitted subject to site plan review in the B, IB and I Districts, including but not limited to active adult communities, assisted living facilities, independent living facilities and continuing care retirement communities, and abutting residential districts shall be subject to a minimum setback equal to the lesser of the minimum setbacks set forth in the Table in § 185-18C(5)(a) above or 75 feet in the B District and 90 feet in the IB and I Districts; provided, however, that if the building height exceeds 40 feet, the minimum setback shall be 75 feet. Affordable senior housing in the B, IB and I shall be subject to a minimum setback equal to the lesser of the minimum setbacks set forth in the Table in § 185-18C(5)(a) above or 65 feet; provided, however, that if the building height exceeds 40 feet, the minimum setback shall be 75 feet.

Notwithstanding anything to the contrary herein, townhouses accessory to marinas shall be subject to the same bulk requirements as marinas.

The additional side and rear yard requirements set forth herein for lots adjacent to residential districts shall not apply to the boundaries with one or more parcel(s) in a residence district if:

The abutting residentially zoned parcel is owned by a federal, state or municipal government and not utilized for housing, or

The abutting residentially zoned parcel is used solely for nonconforming business or industrial uses. Nonconforming business or industrial uses shall not be deemed to include vacant, undeveloped land, agricultural uses or partial residential uses; or

The adjacent yard of the abutting residentially zoned parcel contains protected wetlands which exceed the width of the additional side or rear yard requirement so that no residence can be constructed at a distance closer than the additional yard requirement plus the residence district's minimum yard requirement.

If a parcel is divided by the boundary of a residence district, the required additional side or rear yard shall be measured from the parcel boundary rather than the district boundary, provided the residential portion is restricted from future residential development.

No accessory uses or structures shall be permitted in the minimum setback area of such side and rear yards except those items set forth in § 185-C(1) above. Required buffers within those minimum setback areas, however, shall be subject to the additional restrictions set forth in § 185-21C(2) below.

Temporary construction office. A permit may be issued by the Building and Code Enforcement Officer upon application for permission to use a transportable or wheeled office on any premises for the exclusive use of personnel engaged in the construction of any structure or site improvement on the premises and for the storage of tools, materials and equipment, provided that a valid building permit for said construction has been previously issued and is still in force, and provided further that said office shall not be used for sleeping or living quarters or any purpose other than that related to said construction. Said permit shall expire six months from the date of issuance but may be renewed for two additional six-month periods if the Building and Code Enforcement Officer finds that construction has been diligently pursued and circumstances justify an extension.

Single-family detached dwelling wheelchair ramps. Notwithstanding any other provision of this Chapter, the front yard, rear yard, side yard, building coverage, lot surface coverage and other bulk requirements of this Code shall not apply to wheelchair ramps and appurtenant handrails and grab bars serving a single-family detached dwelling, provided that the distance between the most proximate point of the base of the wheelchair ramp at grade and the nearest edge of pavement of any street shall not be less than 10 feet.

[Added 4-5-2004 by L.L. No. 2-2004]

§ 185-19 Nonconforming buildings and uses.

The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, unless otherwise provided, which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses.

Nonconforming uses. A nonconforming use may continue indefinitely, subject to the following provisions:

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.

Nonconforming buildings. A nonconforming building or a building housing a nonconforming use shall not be modified in any way described below, except as provided in Subsection C below:

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.

Nonconformity with bulk requirements.

[Amended 9-23-1998 by L.L. No. 10-1998]

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.

[Added 3-5-2007 by L.L. No. 1-2007]

Normal maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alteration or demolition in the interest of public safety. In granting such a permit the Building and Code Enforcement Officer shall state the precise reason why such alteration or demolition was deemed necessary.

Cessation. Each of the nonconforming uses specified below is deemed to jeopardize the safety of neighbors, the orderly, proper development and maintenance of adjacent neighborhoods or the established character and the objectives of the Master Plan of the Town for the district within which such use is located and is, therefore, injurious to the general welfare of the district and the Town. Each such nonconforming use shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value of such use, if any:

Nonconforming uses of open land.

In any district, any preexisting nonconforming use of open land, including but not limited to such uses as borrow pits, dumps, filling of land, fuel tanks, junkyards and motor vehicle junkyards, motor vehicle leasing, motor vehicle sales, off-street parking, outdoor storage of motor vehicles, trailers, building supplies, raw materials, finished products or machinery and equipment, quarrying, removal of sand and gravel, stripping of land and transportation facilities, including truck and bus terminals, may be continued for three years after the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated. Specifically exempt from this requirement are the following uses: agricultural operations, outdoor storage of farm equipment and cemeteries.

In any district, any permitted use of open land that is not screened with dense evergreen plantings or an opaque fence according to the requirements of this chapter, including but not limited to such uses as borrow pits, dumps, filling of land, fuel tanks, junkyards and motor vehicle junkyards, motor vehicle leasing, motor vehicle sales, off-street parking, outdoor storage of motor vehicles, trailers, building supplies, raw materials, finished products or machinery and equipment, quarrying, removal of sand and gravel, stripping of land, transportation facilities, including truck and bus terminals, and interchange business district and industrial business district uses adjacent to a residence district may be continued for three years after the effective date of this chapter, provided that, after the expiration of that period, such use with nonconforming screening or buffering shall be terminated unless the Planning Board determines that adequate screening of such use has been provided prior to that time. Specifically exempt from this requirement are the following uses: agricultural operations, outdoor storage of farm equipment and cemeteries.

Notwithstanding anything to the contrary herein, new standards and requirements for screening and buffers established by the amendment to this Code enacted as Local Law No. 1 of 2007 shall not apply to existing uses of open land, including but not limited to off-street parking and outdoor storage, which are in conformity with this Code immediately prior to the date of enactment of said local law, and site plans finally approved and filed in accordance with § 185-58 prior to the effective date of said local law, provided such approval has not lapsed.

[Added 3-5-2007 by L.L. No. 1-2007]

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.

§ 185-20 Privately owned utility systems.

Any privately owned water supply, storm drainage or sewage disposal system shall be constructed in strict compliance with the requirements of the Orange County Department of Health, the New York State Department of Environmental Conservation and all other applicable agencies, with the following procedures:

When a well is proposed to supply a privately owned water system serving more than one home, all existing wells within 500 feet shall be monitored, if possible, during any required pumping test. In the event of interference, adequate mitigating measures shall be the responsibility of the applicant.

Design and construction of any privately owned community water supply or sewer system shall conform to the requirements of the Town Engineer as to adequacy for a municipal system and compatibility with other systems. A program for regular maintenance and inspection shall be included.

The ownership, organization and operating program for any privately owned water or sewer system not offered for dedication to the Town shall be approved by the Town Board. Any such system shall be required to post performance and maintenance bonds as determined by the Town Board.

Sewer and water service areas and potential districts shall be determined for any such privately owned system for the benefit of the Town, in the event that such system should become a municipal system.

§ 185-21 Buffer strips and screening.

[Amended 7-10-2000 by L.L. No. 3-2000; 3-5-2007 by L.L. No. 1-2007]

Purposes. Buffers and screening allow for the more orderly transition from residential uses to nonresidential uses which are adjacent or in proximity and between different types of residential uses. In addition, they protect the public health, safety, and general welfare by minimizing noise, air, dust, and visual pollution, reduce the heat and glare absorbed and radiated by development, preserve property values and the character of neighborhoods, help to control soil erosion and stormwater runoff, and improve the aesthetic appeal of the Town. Furthermore, in the community's experience, noise generated by parking areas, including car door slammings, engine start-ups, car pass-bys, slow-moving delivery trucks, customers conversing, car stereos, occasional car alarms and horns, as well as maintenance activities such as sweeping and snow removal, becomes cumulatively excessive and offensive to nearby residences, particularly in evening hours, as the size of the parking area expands. Similarly, headlight glare increases with the size of the parking area as well as levels of usage. Large parking areas can also be large generators of auto exhaust as people search for parking spaces. Accordingly, this section also requires additional buffering to adjacent residential uses when parking area sizes reach certain levels.

Screening requirements. Screening requirements shall apply as follows:

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.

Applicability and general standards for buffers. Where vacant land is developed or reuse is proposed, buffers shall be required between dissimilar districts or uses.

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.

Buffer width requirements.

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.

Minimum Buffer Strip Requirement Table*
	Abutting Zone
Zoning Districts Requiring Buffers	Residential Districts	Residential Districts
	Business (B) District	1/2 the minimum rear or side yard setback of the yard containing the buffer up to a maximum of 50 feet
	Interchange Business (IB) District	75 feet
	Industrial Business (I) District	75 feet

	NOTE:
	*	Refer to the Buffer Width Requirements from Residential Uses for Separate Land Uses Table for minimum buffer widths between specific uses and residential uses.

Exceptions.

Residential uses permitted or permitted subject to site plan review in the B, IB and I Districts shall be subject to a minimum buffer width requirement for rear and side yards which is the same as for multifamily dwellings in the R-3 District.

No buffer shall be required for boundaries with properties in residence districts if:

The abutting residentially zoned parcel is owned by a federal, state or municipal government and not utilized for housing; or

The abutting residentially zoned parcel is used solely for nonconforming business or industrial uses. Nonconforming business or industrial uses shall not be deemed to include vacant land, agricultural uses or partial residential uses; or

The adjacent yard of the abutting residentially zoned parcel contains protected wetlands which exceed the width of the additional side or rear yard requirement so that no residence can be developed at a distance closer than the additional yard requirement plus the residence district's minimum yard requirement.

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.

[Amended 8-27-2008 by L.L. No. 5-2008; 6-7-2010 by L.L. No. 4-2010]

	Buffer Width Requirements from Residential Uses in Residential Districts for Separate Land Uses Table
	Buffer Width From Residential Uses* (feet)	Separate Land Use Descriptions
	30	Golf courses; single-family dwelling cluster developments; places of worship
	40	Public facilities including playgrounds; recreational facilities; multiple-family dwellings and townhouses**; active adult communities; assisted living facilities; continuing care retirement communities single-family attached, two-family and multifamily dwelling cluster developments; affordable senior citizen housing; community residences for the disabled; townhouses accessory to marina uses; membership clubs (nonrecreational)
	50	Public swimming pools; day-care facilities; landscape and wholesale plant nurseries; funeral homes; and marinas
	60	Commercial uses with higher vehicle activities, including but not limited to vehicle repair, vehicle sales and service stations; facilities with drive-up windows; car washes; hotels and motels; shopping centers; light manufacturing and research facilities; mobile home courts; education facilities in the Education Facility Overlay District; membership clubs (with recreational facilities); veterinarians' offices, commercial kennels; any nonresidential use with parking for between 250 and 400 vehicles; self-storage facilities in the Self-Storage Center Overlay District
	85	Nonresidential uses associated with cluster developments; hospitals and nursing homes; substance abuse rehabilitation homes; any nonresidential use with parking for between 400 and 500 vehicles
	100	Heavy industrial uses; heavy manufacturing; truck terminals; vehicular sales; equipment sales; facilities with outdoor storage; any use with parking for more than 500 vehicles; facilities with more than one loading dock within 200 feet and facing a yard adjacent to residential; public utility plants and substations; buildings over 50,000 sq. ft. in area; light and heavy industrial equipment and recreational vehicle sales, service and repair

	NOTES:
	*	For uses on lots in the B District, the required buffer width shall not exceed the minimum required side or rear yard dimension.
	**	This forty-foot buffer width requirement for multiple-family dwellings and townhouses applies to single-family and two-family residential uses and vacant lands in all residential districts. For the buffer requirements from abutting multiple-family dwelling or townhouse use properties, see § 185-25C(10) below.

Barrier criteria.

In the event a barrier is proposed to be utilized to reduce minimum yard requirements or those buffer requirements which are subject to the Planning Board's discretion, the barrier shall be at least 50 feet longer than the length of each building on the lot within the reduced setback area facing the residential district boundary and there shall be no gaps. If the yard on that side of the building contains a paved area such as a fire lane, loading area or parking area which extends beyond the sides of the building, the barrier length shall be extended to 50 feet beyond the edge of pavement of the paved area in order to minimize flanking impacts.

The barrier proposed to be utilized to reduce minimum yard requirements or those buffer requirements which are subject to the Planning Board's discretion shall be in no event less than 10 feet high and shall be either a wall or a solid opaque fence.

The barrier shall be made of materials approved by the Planning Board at its discretion but shall in all events have a useful life of at least 40 years. The applicant shall produce documentation satisfactory to the Planning Board demonstrating the barrier's useful life.

The barrier shall be landscaped with adjacent plantings and should incorporate appropriate design concepts to reflect the neighborhood and add visual interest to avoid monotonous appearance. Plantings shall be concentrated on the residential side of the barrier. Less intense plantings shall be provided on the nonresidential side of the barrier. When it determines it appropriate, the Planning Board may require the barrier to be bermed.

The barrier shall be located at least 100 feet from the property line; provided, however, that if a buffer of less than 100 feet is required and a barrier is being required or provided, the barrier shall be located at the buffer line closest to the building.

Any required drainage openings shall be of minimum size so as not to defeat the purpose of the barrier or else shielded.

Local emergency response agencies shall be contacted early in the design process to determine the need for emergency access gates and fire hose openings.

The owner shall be responsible for maintenance, repair and replacement of the barrier, including prompt removal of graffiti and cleaning.

(i)

In addition to the barrier, the Planning Board may in its discretion require the applicant to add architectural treatments to building walls facing and visible to residentially zoned properties to avoid monotonous appearance.

(j)

Per § 185-21C(5) above, an alternative structure may be reviewed and approved by the Planning Board, provided that it meets the intent of this section while recognizing unique site conditions, existing trees, topography, water bodies, wetlands and the use of the property and neighboring properties. Such alternative structure must, however, still meet the height, length and useful life requirements established above for barriers.

Buffer materials. Buffers should contain a mix of tree and plant materials, including: berms, canopy deciduous trees, evergreens, understory deciduous trees, and shrubs, as well as nonvegetative materials, such as opaque fences and walls.

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.

Burden for construction and maintenance of a buffer. It is the intent of this section that adjacent properties requiring a buffer between them will share equally in the development of the buffer, wherever possible. The burden of provision of the buffer shall be as follows:

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.

Posting of a landscaping bond, letter of credit or deposit of funds as determined by the Board to secure installation in accordance with § 185-57L and survival and maintenance in accordance with § 185-50D shall be required.

§ 185-22 Environmentally sensitive areas.

Floodplains. In addition to those regulations and procedures set forth in Chapter 109, Flood Damage Prevention, of the Code of the Town of Newburgh and floodplain permit requirements as administered by the Building and Code Enforcement Officer, the following regulations apply to floodplains:

[Amended 7-20-2009 by L.L. No. 2-2009]

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

No structures or filling of land or any possible obstruction to the flow of water shall be permitted within a designated floodway.

No structures or filling of land shall be permitted within the one-hundred-year floodplain outside of the designated floodway that could reduce the flood storage capacity of the floodplain or thereby increase the water level in the floodway. Reduction in storage capacity in one area may be compensated for by increasing the flood storage capacity elsewhere on the same parcel by demolition of existing structures or by regrading of the floodplain fringe area.

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

No septic tank, leaching field or well shall be located within a one-hundred-year floodplain.

Any use conducted within or adjacent to a one-hundred-year floodplain shall make long-term provisions for the control of erosion and the transport of silt and debris to the one-hundred-year floodplain so that said floodplain will not be subjected to unnecessary sedimentation.

Any construction within a one-hundred-year floodplain shall conform to all permit requirements of the New York State Department of Environmental Conservation and/or United States Army Corps of Engineers pertaining to such areas.

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:

Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;

Hospitals, nursing homes, and dwellings likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;

Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and

Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

Wetlands. Wetlands protected under Article 24 and Title 23 of Article 71 of the Environmental Conservation Law or under the jurisdiction of the United States Army Corps of Engineers shall be subject to the following regulations unless a permit for development has been granted by the appropriate agency.

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.

Critical environmental areas. All existing land uses and all proposed construction, land management activities and land development within any critical environmental area shall be subject to review by the Planning Board with regard to environmental performance standards that may be adopted by the Planning Board and revised from time to time and shall be considered as Type 1 actions under the State Environmental Quality Review Act (SEQRA).[1] Such environmental performance standards may require increasing the minimum bulk standards listed in Article IV, Schedules of District Regulations, of this chapter.

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:

No land development activity or accessory use of any kind that involves the construction of impervious surfaces, sewage treatment or discharge of effluent shall occur within 200 feet of the shoreline of Chadwick Lake.

No septic tank or leaching field shall be located within 150 feet of any perennial stream that is tributary to Chadwick Lake nor on any of the following soil types as mapped in the soil survey of Orange County published by the United States Department of Agriculture, October 1981, or a more recent edition, if any:[2]

Editor's Note: In the original copy of L.L. No. 4-1991 no soil types were listed.

Any proposed construction or land management activities within the Chadwick Lake Critical Area of Environmental Concern shall be required to submit a plan for approval by the Planning Board indicating:

The total site area to be disturbed by construction and site development and by land management activities, such areas not to exceed 20% of the gross site area.

Specific measures for controlling soil erosion and the transport of soil by storm runoff into Chadwick Lake or its tributaries.