Article VII Supplementary Regulations

The following projections into required yards shall be permitted:

Steps and stairs: four feet into required side or rear setback area.

Awnings or movable canopies: six feet into any required setback area.

Cornices, eaves, and other similar architectural features: three feet into any required setback area.

Carport. An open or enclosed carport shall be considered a part of the building in determining compliance with setback requirements.

Porch. An open or screened porch may project eight feet into a front setback area.

Driveway setbacks. Driveways on lots with 100 feet or more of road frontage shall be set back at least 10 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required.

Height exceptions.

The height limitations in the Dimensional Table shall not apply to any flagpole, radio or television receiving antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet, or railing, water tank, or any similar nonhabitable structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area.

Barns, silos, solar energy systems, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot. The requirements of this subsection do not apply to exempt agricultural structures under § 220-37C.

Height limits for wireless telecommunication facilities are contained in § 220-46.

This Subsection E shall not be construed to permit any structure that is not allowed elsewhere in this chapter.

Setbacks for accessory structures and uses.

Any accessory structure attached to a principal building, and any detached barn, garage, stable, tennis court, or swimming pool, shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas, provided that they:

Are not used for human habitation;

Have a footprint no larger than 200 square feet;

Do not exceed 16 feet in height;

Do not occupy more than 10% of a rear setback area;

Are set back at least 10 feet from side or rear lot lines;

Are not located closer to the street than the front yard setback required for a principal building, except for fences, gates, mailboxes, newspaper receptacles, signs, sand storage bins, bus shelters, and similar roadside structures with less than 100 square feet of footprint, as well as ornamental structures such as entry pillars and statues;

Are not used for housing animals.

For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.

For watercourse setbacks, see § 220-35E.

Setbacks involving irregular buildings and lot lines. Where structures or lot lines are irregular or unusual in configuration, all points on the structure shall satisfy the minimum setback requirements from that point on the lot line which is the shortest distance from the structure.

Fences (including hedges) and walls.

The setback requirements of this chapter shall not apply to retaining walls of any height or to fences less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety.

The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility may be higher.

Corner clearance/visibility at intersections. Where necessary to provide visibility for traffic safety, the Highway Superintendent or the Planning Board may require all or a portion of any corner lot in the RA, CLI or HC District to be cleared of all growth (except isolated trees) and other obstructions that block visibility of traffic on an intersecting street. The Planning Board may require excavation to achieve visibility. This provision shall not apply to intersections with traffic signals or four-way stop signs.

Reduction in lot area. No conforming lot shall be reduced in area in a manner that violates the dimensional requirements of this chapter.

§ 220-31 Rural siting principles.

The following nonbinding guidelines shall be considered in the siting of nonresidential uses that are subject to site plan or special permit approval and to the siting of residences in new subdivisions or other developments. They are also recommended for the siting of individual residences on existing lots.

Wherever feasible, retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)

Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.

Avoid placing buildings in the middle of open fields. Place them either at the edges of fields or in wooded areas. Septic systems and leach fields may be located in fields, however.

Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Group buildings in clusters or tuck them behind treelines or knolls rather than spreading them out across the landscape.

Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Use curves in the driveway to increase the screening of buildings.

Site buildings so that they do not protrude above treetops and crestlines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, open up views by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.

Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walk-out basements, garages under buildings), rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas.

Minimize land disturbance generally. Whenever development is undertaken, removal of vegetation, grading, and operation and storage of heavy equipment should only occur where necessary for the proposed development. Special attention should be given to preserving the root systems of existing trees by avoiding soil compaction within their drip lines.

§ 220-32 Timber harvesting.

[Added 11-6-2008 by L.L. No. 6-2008]

Timber harvesting permit requirement.

Within the RA and SP-1 Districts, no timber harvesting shall occur without a timber harvesting permit issued by the Building Inspector, unless such timber harvesting is exempted from this permit requirement by Subsection G below.

Timber harvesting within the SP-2 and SP-3 Districts is regulated by § 220-16. In addition to complying with the submission requirements, timber harvesting permit requirement, and standards below, timber harvesting within the SP-2 and SP-3 Districts shall also comply with applicable provisions of § 220-16.

Submission requirements for timber harvesting permit. An applicant for a timber harvesting permit shall submit a Sustainable Forest Management Plan (SFMP) prepared by a qualified professional forester listed as such in the offices of the New York State Department of Environmental Conservation (NYSDEC), Region 3. Such SFMP shall demonstrate compliance with all standards contained in Subsection D below as well as applicable timber harvesting guidelines issued by NYSDEC (http://www.dec.ny.gov/lands/5240.html). In addition, the application shall include the following:

A description of the land on which the proposed timber harvest will occur, including deed and filed map references, lot numbers, and tax parcel numbers.

The full name and address of the owner and of the applicant, the names and addresses of their responsible officers if any of them are corporations, and written permission from the owner if the applicant is not the owner.

The signature of the professional forester responsible for the SFMP and the application.

The location of any access to a paved road or any unpaved Town road, all logging roads, existing or proposed, and all staging areas for loading equipment and logs.

All wetlands, watercourses, topography at five-foot intervals, slopes identified as unstable by the professional forester, and slopes exceeding 25%.

A plan for cleanup and restoration of any staging area or landing upon completion of the harvesting operations.

If the professional forester determines that engineering controls are necessary to prevent erosion and sedimentation, identification of the location and type of such engineering controls.

Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work or change in use with the requirements of this chapter.

On-site requirements for timber harvesting permit application. In addition to the application information required in Subsection B above, the applicant shall take following actions on-site where a timber harvest is proposed:

Mark all trees selected for harvest. Any specimen trees identified for protection shall also be appropriately marked.

Flag the line designating the protected one-hundred-foot buffer for streams and wetlands (including all wetlands designated by NYSDEC and wetlands that meet the criteria of the U.S. Army Corps of Engineers). The wetland buffer shall be flagged by a qualified wetland scientist.

Standards for SFMP and its implementation.

No clear-cutting shall be permitted unless specifically shown in the approved Sustainable Forest Management Plan (SFMP), in which case a reforestation plan shall also be included in the SFMP. The replanting shall consist of diverse noninvasive species. Replanting of trees pursuant to such reforestation plan shall be secured by a performance guarantee as provided in § 220-68B.

No timber harvesting or logging road construction shall occur within the one-hundred-foot wetland buffer or within 100 feet of any streams classified by NYSDEC, except as necessary to cross a stream where permitted by NYSDEC.

Timber harvesting operations shall comply with the provisions of § 220-36, Steep slope regulations. No timber harvesting or logging road construction shall occur on any slope exceeding 25%, measured according to the provisions of § 220-36B. In addition, no timber harvesting shall occur on slopes identified as unstable by the professional forester in the SFMP.

Best management practices for stormwater management shall be required to prevent runoff of mud, debris, and silt-laden stormwater from the site to streams, public roads, or the shoulders or drainage systems of public roads.

No tree cutting, harvesting or removal, other than for exempt operations, shall take place between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays.

All trees shall be felled so that no trees or debris falls on any adjoining property or on any roads not owned or controlled by the applicant.

All stumps shall be cut off as low as possible and shall, in general, be no higher than the diameter of the tree trunk when measured on the uphill side of the stump.

Landing and loading areas shall be located as close as possible to the timber harvesting operations and shall be smoothed to remove all ruts and debris at the conclusion of the timber-harvesting operation.

The timber-harvesting operation shall comply with all applicable erosion, sediment control, and stormwater management regulations.

Equipment used for timber harvesting shall be as small and nondisruptive to the forest as is economically feasible and safe.

(11)

Logging roads and skid trails shall not result in erosion or stream sedimentation. The SFMP shall ensure the proper location of such roads and skid trails and, where necessary, the use of appropriate engineering controls.

Performance guarantee. All site restoration required by the SFMP, including replanting of trees pursuant to a reforestation plan, removal of stumps and debris, restoration of landing and loading areas, and remediation of any damage to retained natural vegetation, roads, or drainage systems, shall be secured by a performance guarantee as provided in § 220-68B.

Procedures for approval and enforcement of a timber harvesting permit.

The Building Inspector shall promptly review the timber-harvesting permit application, inspect the site, and approve or deny the application, giving the reason for any denial. A copy of the permit or decision to disapprove shall be delivered or mailed to the applicant within 15 business days of the submission of a complete application.

Any permit shall be conditioned upon approval of access point(s) onto a public road, issued by the Town Highway Superintendent, and the posting of a performance guarantee as necessary for the protection and repair of damage to the road from heavy vehicle access and egress, as provided in Subsection E above.

The timber-harvesting permit shall consist of the application submitted with the approval of the Building Inspector endorsed thereon. It shall become effective when the Building Inspector has filed written approval of the permit application in the office of the Town Clerk. A copy of the timber-harvesting permit shall be placed in the permanent property file for the property.

A timber-harvesting permit shall be valid for a period of two years from the date of its issuance, except where a multiphase SFMP has been submitted, in which case the permit may be approved with time limits indicated within the permit for each phase. No timber-harvesting permit shall be valid for a period in excess of 10 years.

Before any site work begins, the Building Inspector shall inspect the site to assure that the buffer areas and staging areas are adequately marked and that any other applicable permit conditions have been implemented. The Building Inspector shall make periodic inspections to assure compliance with the SFMP and all conditions of approval.

The Building Inspector shall have the authority to issue a stop-work order for all or part of the cutting and harvesting activity if in his or her opinion conditions created by a spring thaw, adverse weather conditions or any other cause may make damage to public roads likely or may result in soil erosion or other damage beyond or outside of the boundaries of the area of the timber-harvesting operation.

Inspection of the site and review of the SFMP may be delegated by the Building Inspector to a qualified professional forester retained by the Town. Enforcement action may only be taken by the Building Inspector or the Town Board pursuant to § 220-57.

If slash and/or logging debris are to be burned on site, a burn permit shall be required to provide the Town notice and an opportunity to monitor burning activities to ensure that any such burning does not create a hazard to public health or safety.

Exemptions. The following shall not require a timber-harvesting permit in the RA and SP-1 Districts:

Harvesting of trees and firewood for the personal use of the property owner.

Reasonable site clearing preparatory to construction of a building for which a building permit has been issued.

Clearing of land for rights-of-way of utilities.

Clearing and maintenance of land for agricultural purposes.

The harvesting of evergreens specifically planted for Christmas trees.

Thinning of a sugarbush.

A bona fide commercial landscaping operation.

Any other removal of timber from a lot in quantities less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet, as measured by the international one-quarter-inch log rule, within any calendar year.

The normal maintenance of trees or property through the pruning or topping of trees or timber, or the cutting, removal or harvesting of trees or timber which are dead or diseased or are a hazard to public safety or health or property.

Timber harvests on lands which are enrolled under § 480-a of the New York State Real Property Tax Law, and its predecessor, the Fisher Forest Act, provided that all of the following are satisfied:

A copy of a valid certificate of approval of enrollment in either § 480-a or the Fisher Forest Act is presented to the Building Inspector prior to the commencement of any timber harvesting operations.

A copy of the renewal forms certifying continued enrollment of a parcel in the § 480-a program is filed annually in years of active logging with the Building Inspector, if applicable.

A copy of file maps and a management plan for the Fisher Forest Act or § 480-a is submitted in conjunction with a certificate of approval.

§ 220-33 Water supply and municipal infrastructure.

Subsection D(2) and D(5) above, pertaining to setback and hours of operations, are complied with in full, irrespective of the requirements of § 480-a or the Fisher Forest Act.

Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability, and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 220-15.)

Municipal infrastructure requirements. It is the policy of the Town of Gardiner to concentrate development in clustered settlements that are served by municipally owned water and sewer facilities. In order to achieve this pattern at the densities permitted by the Zoning Law, the Planning Board shall, where appropriate, recommend connection to and/or formation of municipal sewer and water districts, and applicants shall work with the Town Board to establish such sewer and water districts. To the extent feasible, such facilities shall be interconnected in a manner that provides maximum efficiency in the overall system. Privately owned sewage disposal facilities serving multiple owners shall not be permitted. The Town Board shall make best efforts to implement this policy by cooperating in the formation of such districts, and shall not unreasonably withhold approval or fail to act to create such districts where such districts are consistent with the Comprehensive Plan and this Zoning Law.

§ 220-34 Excavation, grading, and clearcutting.

[Amended 11-6-2008 by L.L. No. 6-2008]

Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not adversely affect water quality, natural drainage, or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety.

In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials by the property owner, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced, or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.

The Planning Board may, in connection with a major project site plan or major subdivision, require an applicant to furnish an irrevocable letter of credit, certified check, or other form of security to guarantee reclamation of areas to be excavated or graded if a project is abandoned. Such security shall be for an amount reasonably related to the potential cost of such reclamation, and shall be in a form deemed acceptable by the Town Attorney.

For regulation of soil mining, see § 220-17 of this chapter. For regulation of timber harvesting, see § 220-32.

No excavation or grading and no clear-cutting of 10,000 square feet or more in preparation for site development shall be undertaken prior to the grant of any special permit, site plan, or subdivision approval required for such development.

Excavation or grading of any area exceeding 2,000 square feet and/or clear-cutting of any area exceeding three acres shall require a zoning permit from the Building Inspector, unless such excavation or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit, or as a normal and customary activity in conjunction with a farm operation (as defined in Article XII).

Excavation and grading shall comply with applicable requirements for erosion and sediment control.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

§ 220-35 Wetland and watercourse protection.

The Town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The Town also recognizes that both the state and federal governments regulate wetlands, and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the Town establishes the requirements in this section. In addition to these requirements, within the area regulated by the Shawangunk Kill Recreational River Standards, the more stringent standards shall apply.

State and federal wetland permit coordination. All applicants for any Town permit or approval that might result in disturbance to a wetland or watercourse shall submit copies to the Town of any application to or correspondence with U.S. Army Corps of Engineers (ACOE) and the New York State Department of Environmental Conservation (DEC) concerning required wetland permits for the project.

Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a Town regulatory board or official shall show the location and stream classification of all watercourses and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. If no delineation is submitted and the reviewing board or official has reason to believe that the proposal would involve disturbance to wetlands, the applicant may be required either to submit a wetland delineation or to obtain a certification from a qualified wetlands expert acceptable to the Planning Board, that there are no wetlands within the area proposed to be disturbed. A wetland delineation may also be required if necessary to determine allowable maximum density for an open space development pursuant to § 220-20.

Imposition of conditions to protect wetlands and watercourses. The reviewing board or official shall ensure that applicants comply with the requirements of DEC and ACOE, and shall impose appropriate conditions to minimize damage to wetlands and watercourses. Such conditions may include modifications in the size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel.

Regulations to protect streams. Within 150 feet of the top of the bank of any stream classified as AA, A, B or C(t) by the DEC, the Planning Board shall ensure that any development subject to its approval:

Will not result in erosion or stream pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, vegetation, drainage patterns, water entry points, soil erosivity, depth to bedrock and high water table, and other relevant factors;

Will not result in impervious surface coverage exceeding 2% of the regulated area (i.e., the land lying within 150 of the stream bank);

Will provide an adequate vegetated buffer along the stream to prevent adverse impacts on the stream; and

Will maintain existing tree canopy over the stream and the stream bank.

Required setbacks.

The following shall not be located within 100 feet of the top of the bank of a stream classified as AA, A, B or C(t) by the DEC or, in the absence of a clear bank, from the outer edge of the riparian wetland adjacent to the stream:

Principal and accessory structures 200 square feet or larger in footprint area.

Septic systems, leach fields, and wells.

Driveways, roads, and parking lots, except as otherwise provided in Subsection E(3) below.

Excavation and fill areas.

Herbicide and fertilizer applications.

Storage of chemicals.

Vegetation removal, except as necessary to allow hiking trails and structures permitted by Subsection E(2).

These setbacks shall not apply to docks, piers, bridges, and other water-related structures which by their nature must be located on, adjacent to, or over the watercourse, or to access driveways or roads associated with such structures.

The Planning Board may reduce these setbacks in the course of its approval process if it finds that topographic conditions and/or project design features will adequately protect stream water quality.

§ 220-36 Steep slope regulations.

[Amended 11-6-2008 by L.L. No. 6-2008]

The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Within the SP District, the provisions of § 220-16 shall supersede this § 220-36.

For any subdivision, special permit, site plan, timber-harvesting permit, building permit, zoning permit or variance that involves the disturbance of slopes greater than 15%, conditions shall be attached to ensure that:

Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction.

Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with timber harvesting operations performed pursuant to § 220-32.

Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.

Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.

No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.

Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as the reviewing board or official shall reasonably require or the applicant shall offer. In cases of uncertainty or dispute, a qualified professional retained by the Town, at the applicant's expense, shall determine the location of regulated slopes.

For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 5,000 square feet of steep slopes, as defined above, shall be considered.

§ 220-37 Protection of agriculture.

Agricultural buffers. Wherever agricultural uses and other uses unrelated to the agricultural operations abut, the applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.

Keeping livestock as an accessory use. Subsection A above shall not apply where farm animals are kept on residential properties as an accessory use and are not part of a farm operation. See § 220-49.

Agricultural zoning exemptions. Within an agricultural district as defined in Article 25-AA of the New York State Agriculture and Markets Law, adopted by the county and certified by the state, the following exemptions from provisions of this Zoning Law shall apply to land and buildings on farm operations:

There shall be no height, building footprint, or impervious surface coverage limits on agricultural structures, including but not limited to barns, silos, grain bins, wind energy conversion systems, and fences, as well as equipment related to such structures, as long as they are being used in a manner that is part of the farm operation.

There shall be no lot line setback restrictions on agricultural structures, except setbacks from lots that are either not within the agricultural district or lots that have existing residential uses. Agricultural structures containing animals, animal feed, or animal waste shall be set back at least 200 feet from watercourses and 100 feet from lots that have existing residential uses, whether or not such residential lots are within an agricultural district. This setback requirement shall not apply to preexisting nonconforming structures.

Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 20,000 square feet or exceeding 35 feet in height shall require minor project site plan approval pursuant to § 220-67.

§ 220-38 Off-street parking and loading.

Soil mining which does not require a permit from the New York State Department of Environmental Conservation shall be permitted by right, subject to a zoning permit from the Building Inspector.

Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 220-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.

Off-street parking.

Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking, and to avoid the negative impacts of excessive parking lot construction.

Minimum parking required for residential uses.

For a single-family or two-family dwelling: two spaces per dwelling unit.

For a multifamily dwelling: 1.5 spaces per dwelling unit.

These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed-use development, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.

Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below. The Planning Board may waive these parking requirements entirely for preexisting lots located within the HM District.

Provisional parking standards.

Retail or service business uses: three spaces per 1,000 square feet of enclosed floor space, excluding space used for storage.

Industrial/Warehouse uses: two spaces per 1,000 square feet of enclosed floor space or one space per employee.

Office uses: three spaces per 1,000 square feet of floor space.

Lodging facility: one space for each bedroom plus one space for each nonresident employee and one space for every 200 square feet of floor space for meetings and functions.

Restaurants, theaters, and other places of public assembly: one space for every three seats.

Uses not listed above: as appropriate to the circumstances.

Criteria for applying provisional standards. In applying or modifying the provisional parking standards for any proposed use, the Planning Board shall consider:

The maximum number of vehicles that would actually be parked at the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand. The likelihood of people walking, bicycling, or carpooling to the proposed use shall be taken into consideration.

The size of the structure(s) and the site.

The environmental, scenic, or historic sensitivity of the site (including applicable limitations on impervious surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the Planning Board may require a reduction in the size of the structure so that the available parking will be sufficient.

The availability of safely usable on-street parking.

The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates such off-site land for public parking or demonstrates a legal right to shared use.

The requirements for parking for the disabled as prescribed by the Americans with Disabilities Act.

Set-aside for future parking. The Planning Board may, as a condition of reducing the provisional parking standards, require an applicant to set aside land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped, but may not be used in a manner that would prevent it from being developed for parking in the future.

Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District by special permit. Such spaces shall be screened from adjoining properties and roads, and shall not exceed five spaces per lot.

Fee in lieu of parking space. Where the required spaces cannot be provided on-site and are not currently available on the street and/or in municipal parking lots, the applicant shall pay a fee in lieu of one or more required spaces, in an amount established by the Town Board sufficient to cover the estimated cost of providing additional public parking spaces. Such fee shall be kept in a dedicated fund for municipal parking purposes and shall be used for such purposes within three years or returned to the applicant (or the applicant's successor).

Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.

Location and screening.

All off-street parking shall be located behind or to the side of the principal building, except as provided in § 220-10H(2) for land within the CLI District.

Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.

Parking lot layouts in the HM and HR Districts shall follow the Hamlet Design Guidelines cited in § 220-5.

Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and run-off. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.

Landscaping. Parking areas shall be designed and landscaped to avoid long, uninterrupted rows of vehicles by breaking them into separate parking lots divided by tree lines, alleys, pedestrian areas, or buildings. Parking lots containing more than 40 spaces shall be divided into smaller areas by landscaped islands at least 15 feet wide located no more than 120 feet apart. All islands shall be planted with three-inch minimum caliper shade trees at a density of at least one tree for every 20 linear feet of island. Parking lots containing fewer than 40 spaces shall provide at least one three-inch minimum caliper shade tree per eight spaces.

Lighting. Lighting within parking lots shall comply with § 220-40L.

Nonconforming parking lots shall be brought into conformity with this Subsection A(4) to the extent practical whenever a site plan or special permit application is filed for an expansion or change of the use.

Off-street loading.

General requirement. Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and adjacent residences and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them with the architecture of the building. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service alleys.

Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the Town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.

§ 220-39 Signs.

Purpose. The purpose of this section is to control the location, size, quantity, character, and lighting of signs in order to maintain the attractive appearance of the Town and avoid conditions of clutter and unsightliness. Through these regulations the Town seeks to:

Protect public health and safety by ensuring that signs do not create dangerous conditions, obstruct vision necessary for traffic safety, or confuse, distract, or mislead motorists, bicyclists, or pedestrians; and

Promote the general welfare by creating a more attractive visual environment that preserves the Town's historic and rural character, protects property values, encourages economic growth, enables businesses and other establishments to identify themselves, and minimizes negative impacts of signs on adjoining properties.

Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in Subsection D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.

Permanent signs.

Signs not exceeding one square foot in area and bearing only property numbers, postal route box numbers, or names of occupants of premises.

One sign, not exceeding 32 square feet in area, designating a farm.

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

Noncommercial information signs. Signs providing noncommercial information to the public, including community service information signs, public utility information signs, safety signs, danger signs, "no trespassing" signs, signs indicating scenic or historic points of interest, traffic control signs, directional parking signs, and all signs erected by a public officer in the performance of a public duty.

One on-premises sign, either freestanding or attached, in connection with any residential building, for permitted home occupations, not exceeding three square feet and set back at least 10 feet from the traveled way or at the right-of-way, whichever is greater. Such signs shall state name and occupation only and shall not be illuminated.

Temporary signs.

Temporary nonilluminated "For Sale" or "For Rent" real estate signs and signs of similar nature, concerning the premises upon which the sign is located; for residential uses, one sign per lot, not exceeding six square feet per side; for nonresidential uses, one sign per lot, not exceeding 12 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after closing of the sale, lease, or rental of the premises. If a lot fronts on two roads, one sign shall be permitted along each frontage.

Temporary nonilluminated window signs and posters not exceeding 25% of each window surface. (Such signs are normally used to advertise specific products or sales and are removed or replaced on a regular basis.)

Two temporary signs for a roadside stand selling agricultural produce grown on the premises in season, provided that such signs do not exceed 32 square feet each, are set back at least five feet from the public right-of-way, and are removed at the end of the selling season.

On-premises signs and off-premises directional signs for garage sales and auctions, not exceeding four square feet, for a period not exceeding seven days.

Posters, banners, and signs, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, for a period not exceeding 60 days.

Two signs, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress, limited to the duration of the construction period.

Signs, portable or otherwise, advertising special events for nonprofit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall not exceed 24 square feet in area and shall not be displayed for more than 30 days.

Signs required to be posted in connection with hearings on development applications, as provided in § 220-62F(3).

(i)

Signs marking areas of highway or utility construction, repair, or maintenance.

(j)

Sandwich signs not exceeding four square feet on a side for a period not exceeding seven days.

(k)

A temporary sign which is regularly replaced by a similar sign in a similar location shall be deemed to be a permanent sign and subject to all sign regulations in this § 220-39.

Prohibited signs.

No off-premises commercial signs shall be allowed, except that signs not exceeding four square feet directing the public to specific establishments may be allowed with site plan approval by the Planning Board.

No exterior sign shall be illuminated internally, and no sign shall contain flashing, intermittent, rotating, or moving lights, except that one neon sign not exceeding three square feet may be allowed inside the window of a business establishment for the purpose of indicating that it is open.

Portable signs that are mounted on wheels, including motor vehicles or trailers parked in one location for more than 30 days in any calendar year and functioning primarily as signs, shall be prohibited.

No permanent sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.

No sign shall be inflatable or audible.

Sandwich signs shall be prohibited, except as temporary signs as provided in Subsection B(2)(j) above.

General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.

Permit applications. Applications for new signs or proposed changes in existing signs shall include a scaled drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing the location of the sign on the building or property. A building permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign. No building permit shall be required if only the words or images on the sign are changed.

Location and maintenance.

Signs shall be erected, constructed, and maintained in a manner that does not obstruct traffic movement or visibility or cause any hazard to public safety.

No signs shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property boundaries may be placed on trees. No signs shall be placed on municipally owned property without the permission of the Town Board.

All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted at all times.

Freestanding signs shall be set into a landscaped and maintained ground area wherever possible.

Sign area and height.

Freestanding signs. Individual freestanding signs shall not exceed 16 square feet in area nor 10 feet in height. Freestanding signs that are grouped together on one sign structure shall not exceed a cumulative total of 50 square feet per structure, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit.

Projecting signs. Projecting signs shall not exceed 12 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no lower than 10 feet and no higher than 15 feet above the finished grade.

Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.

Window signs. Signs placed in windows shall not cover more than 25% of the window area.

Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.

Sign area bonuses. To encourage design excellence, the maximum sizes for individual signs specified above may be increased if the criteria below are satisfied. Sign bonuses shall not apply to exempt signs or to freestanding signs that exceed six feet in height. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:

Fifteen percent when the sign is made of wood.

Twenty percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.

Fifteen percent if the sign is the only sign identifying the establishment or its principal product.

Twenty percent if the sign is not designed or used with illumination.

Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.

Maximum cumulative sign area per lot. The maximum amount of total sign area per lot shall be one square foot of total sign area for every two linear feet of lot frontage on a public street.

Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.

Illumination. No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed:

Toward a residence;

Upon a public street, highway, sidewalk, or adjacent premises in a manner that causes glare or reflection sufficient to constitute a nuisance or a traffic hazard; or

Upward toward the sky.

Sign design manual. The Town Board may adopt a sign design manual developed specifically for the Town of Gardiner or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this chapter.

Nonconforming signs. Signs that do not conform with this § 220-39 and that were legally in existence prior to the adoption of this section (March 14, 2008) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Gardiner existing prior to the enactment of this § 220-39 shall not be considered protected nonconforming structures and shall be treated as violations.

Removal of signs.

Signs advertising an establishment or institution that has permanently closed shall be removed within one month of such closure.

The Building Inspector shall notify in writing the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Building Inspector shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.

Upon failure to comply with such notice within the prescribed time, the Building Inspector is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.

§ 220-40 Environmental performance standards.

Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.

Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 220-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.

Purpose of performance standards. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of all uses in order to:

Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutants outside the building in which the use is conducted.

Control noise and light perceptible beyond the boundaries of the site of the use.

Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.

Limit the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.

Limit physical hazard by reason of fire, explosion, radiation or any similar cause.

Noise.

Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.

No person, firm or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of:

Seventy decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m.; and

Sixty decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.

Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.

Exemptions. The following shall be exempt from the noise level regulations:

Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset.

The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.

Bells or chimes from a church or other place of worship.

Vibration.

Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.

Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:

Vibration Displacement
Frequency (cycles per second)	Steady-State (inches)	Impact (inches)
Under 10	0.0005	0.0010
10 to 19	0.0004	0.0008
20 to 29	0.0003	0.0006
30 to 39	0.0002	0.0004
40 and over	0.0001	0.0002

Smoke, dust and other atmospheric pollutants.

General control. The emission of smoke and other particulate matter shall not be permitted in violation of applicable regulations of the New York State Department of Environmental Conservation (DEC), including but not limited to 6 NYCRR Part 201. Pollutants that are not regulated by DEC shall not be emitted if they pose a substantial risk to public health, safety, or welfare.

Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA methods 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.

Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant, except as authorized by a permit granted pursuant to applicable state and federal regulations. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.

Maximum permitted emission of dust.

The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per 1,000 pounds of flue gas adjusted to fifty-percent excess air for combustion.

There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.

Properties shall be suitably improved and maintained with appropriate landscaping, paving, or other materials to minimize windblown dust and other particulate matter.

Odor. No land use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is conducted.

Toxic or noxious matter. No use shall be permitted which will cause the release of toxic or noxious fumes or other matter outside the building in which the use is conducted.

Radiation. The handling, storage or disposal of radioactive materials or waste by-products shall be conducted strictly in accordance with applicable federal and state standards.

Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area, unless federal or state regulation requires such operation to be permitted.

Fire and explosion hazard. All activities involving the use or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, with adequate fire-fighting and fire suppression equipment and devices standard in the industry. Such activities shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code, DEC regulations, and the National Fire Protective Association (NFPA) Code. Copies of SARA forms filed with the Ulster County Emergency Response Agency shall also be filed with the Building Inspector.

Heat. There shall be no emission of heat which would cause an air temperature increase in excess of one degree Fahrenheit along any adjoining lot line.

Lighting, exterior illumination, and glare.

No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.

Exterior lighting fixtures shall be shielded and directed downward to prevent light from shining directly onto neighboring properties or public ways or upward into the night sky. Light standards shall not exceed 20 feet in height.

Lighting within parking lots shall be on poles of 15 feet maximum height, with color-corrected lamps and cut-off luminaires designed to minimize glare and light pollution. Design of poles and luminaires shall be compatible with the style of the architecture and adjoining streetscape treatment. Sidewalks leading from parking lots shall be lit with bollard lighting and indirect illumination of buildings and vegetation.

All lighting above 2,000 lumens shall be restricted to full cut luminaires.

Gasoline canopy lights shall be fully recessed with an average of no more than 20 footcandles.

Liquid and solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Ulster County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Review procedures. As a part of site plan review of an application for the establishment of a use which, in the Planning Board's judgment, could have potentially objectionable external aspects and therefore be subject to these performance standards, the Planning Board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will comply with these standards.

§ 220-41 Home occupations.

Purpose and intent. The conduct of small-scale low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:

Ensure the compatibility of home occupations with other uses;

Maintain and preserve the rural and historic character of the Town; and

Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.

Criteria and standards.

Home occupation as use permitted by right. Home occupations shall be permitted uses if they are in compliance with the following criteria and standards:

The home occupation may be conducted only by residents of the dwelling unit plus no more than two nonresident assistants or employees at any one time. A home occupation may be conducted within a dwelling unit and/or within accessory structures. An area no larger than 50% of the floor space of the primary dwelling unit may be occupied by the home occupation, up to a maximum of 1,000 square feet.

A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood.

Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed three square feet.

Parking shall be adequate for nonresident employees and customers or clients. No business vehicle larger than 12,000 pounds gross vehicle weight or 20 feet in box length may be parked regularly in a location visible from a public road or neighboring properties.

Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use.

There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.

No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited.

More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies these criteria and standards.

Home occupation by special permit.

A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 50% of the floor space of the primary dwelling unit or 2,000 square feet.

A special permit granted for a home occupation shall include a condition requiring the operator to obtain an annual operating permit from the Building Inspector at a cost of $75 per year beginning in the second year of operation. Such operating permit shall be granted after the Building Inspector inspects the premises and finds the home occupation to be in compliance with all conditions of the special permit.

§ 220-42 Inclusionary housing.

Purpose and intent. In furtherance of one of the goals of the Town of Gardiner Comprehensive Plan adopted December 7, 2004, to "provide a diversity of housing types and styles to ensure housing choices for each level of income in the community," the Gardiner Town Board recognizes that people with moderate incomes who live or work in Gardiner lack opportunity to find housing that is affordable to them within Gardiner. The Town Board further recognizes that there is a need to encourage the construction of housing units for rental or sale in the Town of Gardiner that will be affordable to moderate-income residents and/or workers and that these units must remain affordable in perpetuity for the benefit of current and future workers and residents of Gardiner. Eligibility for and occupation of these units will be administered under the authority of the Town Board by a Housing Board, or such other entity as the Town Board may designate to serve as administrator of the inclusionary housing program.

Definition of "inclusionary housing units." As used throughout this section, the term "inclusionary housing unit" refers to a single- or multi-family housing unit that is owned or rented by an eligible family, as defined herein, and that is priced to be affordable to moderate-income families who cannot afford market-rate housing.

Housing Administrator. The Town Board may establish a Housing Board to administer the inclusionary housing program and the housing units created under the program, or may contract with a not-for-profit or governmental entity or a private consultant to administer this program. The Board or other entity responsible for this program (hereinafter the "Housing Administrator") will have the following authority and responsibilities:

Assistance to applicants in the preparation of and acceptance and review of applications submitted for inclusionary housing units, including adoption of rules and procedures to discharge this function.

Maintenance of an eligibility priority list as well as certification of applications placed on the eligibility priority list according to the provisions herein. Priority lists will be reviewed at least annually and updated as deemed necessary.

Submission of an annual report to the Town Board, documenting current housing needs indicating:

Number on waiting list;

Number and type of inclusionary housing vacancies; and

Number of inclusionary housing units currently filled.

Authority to take any other action necessary to effectuate the purpose of this section as authorized by the Town Board.

Inclusionary housing unit requirements.

Applicants proposing to develop 10 or more dwelling units over any ten-year period, for sale or rent, on one or more contiguous parcels, are required to set aside at least 10% of all units for the inclusionary housing needs of the Town. When the number is not a whole number, it will be rounded to the nearest whole number (0.5 will be rounded up). This requirement shall not apply to the establishment or expansion of mobile home parks in the MHF District.

An applicant may elect, instead of building some or all of the required inclusionary housing units on-site, to make a monetary payment to the Town of Gardiner Inclusionary Housing Fund.

The amount of such payment shall be based on the difference between the minimum number of inclusionary housing units required by this section and the number actually included.

The Town Board shall, by resolution, determine the applicable monetary payment, which shall be sufficient to enable the Town Board to arrange for the construction of such units in another location.

All on-site inclusionary housing units shall be physically integrated into the design of the development. Inclusionary housing units shall be constructed to the same quality standards as market-rate units and include a comparable number of bedrooms. The exterior finishes of inclusionary housing units shall be indistinguishable from all other units. The developer may, however, propose different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit. Appliances, lights and all components of HVAC systems shall be Energy Star compliant.

All inclusionary housing units shall generally be physically distributed throughout the subdivision or development in the same proportion as other housing units. However, the inclusionary units may be included in two-family dwellings even if the remainder of the development consists of single-family dwellings.

Minimum gross floor area (excluding common areas, stairways, decks, storage or hallways) per inclusionary housing dwelling unit will not be less than the following:

Studio: 400 square feet.

One-bedroom: 700 square feet.

Two-bedroom: 900 square feet.

Three-bedroom: 1,100 square feet.

Four-bedroom: 1,300 square feet.

Schedule of units.

For any project that will be built in phases, the following schedule will apply for all inclusionary housing units:

	Percentage of Market-Rate Units Receiving Certificates of Occupancy	Percentage of Inclusionary Housing Units Receiving Certificates of Occupancy
	Up to 25%	None required
	25% + 1 unit	At least 10%
	50%	At least 50%
	75%	At least 75%
	100%	100%

Certificates of occupancy will be issued for market-rate units when the required percentage of inclusionary housing units for the respective phase has been completed and certificates of occupancy have been issued for the inclusionary housing units.

At the time of purchase or rent, the following schedule of occupancy will apply to inclusionary housing units:

	Number of Persons
Number of Bedrooms	Minimum	Maximum
Efficiency	1	2
One	1	2
Two	2	4
Three	3	6

Eligibility

To qualify for inclusionary housing, a family's income must be at or below 100% of the current Kingston, New York Metropolitan Service Area Median Family Income, adjusted for family size, as published annually by the United States Department of Housing and Urban Development.

The Housing Administrator will require complete disclosure of all income and assets. Family income shall include the gross income from all sources for all family members, utilizing the latest federal income tax returns, in addition to full disclosure of assets. Non-income-producing assets may be assigned an income-producing value, deemed income by the Housing Administrator. Complete disclosure of income and assets is to be made on forms and/or applications provided by the Housing Administrator. Full income and asset disclosure is the responsibility of the applicant and is to be provided to the Housing Administrator with an affidavit.

For the purposes of these regulations, a "family" will be defined as provided in the Town of Gardiner Zoning Law, § 220-74, Definitions of terms. The terms "family" and "household" are used interchangeably.

For the purposes of these regulations, family income will exclude earned income from each minor or full-time student, up to a maximum of $5,000 each.

Maximum sales price and rent.

Maximum sales prices will be set by the Housing Administrator so that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, if applicable, will not exceed the result of the following calculation: 100% of the current Kingston, New York Metropolitan Service Area Median Family Income, adjusted for family size [see Subsection E(1) above] multiplied by 30%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:

	Step 1: $63,500 x 100% = $63,500
	Step 2: $63,500 x 30% = $19,050 or $1,588 per month

Maximum yearly rent, excluding utilities, for a particular household shall not exceed the result of the following calculation: 75% of the adjusted median family income [see Subsection E(1) above] multiplied by 25%. For example: Assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:

	Step 1: $63,500 x 75% = $47,625
	Step 2: $47,625 x 25% = $11,906 or $992 per month

Occupancy requirements. All inclusionary housing units shall be occupied by qualified households either owning or renting such units. All eligible households who own any other residence shall satisfy the Housing Administrator of their intent to sell or otherwise divest themselves of all other residences prior to the purchase of an inclusionary housing unit. For the purposes of this section, real estate used by the household to derive income shall be excluded from this requirement. Such income is to be included in determining the household's gross annual family income. Notwithstanding the above, it is intended that lenders will retain all of their rights in foreclosure so that a lender may take title to the premises for the limited purpose of transferring title of an owner-occupied property to another owner qualified under this section, or, in the case of rental properties, transferring title to an owner who will remain obligated to rent the premises to tenants qualified under this section.

Selection priorities.

Once a household is determined to be eligible to participate in the inclusionary housing program based on income limits as set forth above, preference will be given to households on the basis of the following factors. For purposes of this subsection, a "household" shall include any and all family members who have reached the age of 21 and who will occupy the inclusionary housing unit as their primary residence. For each eligible household, all members over 21 shall be counted and the total number of points shall be added together and divided by the number of such members of the household to determine the household's score. Household members seeking preference based on voluntary service or employment must provide a certification letter from an authorized person within such organization attesting to the applicant's length of volunteer service or employment.

The priority list will be as follows:

Category		Point Value
a.	Current Gardiner resident, six months to one year	1; 1 additional point for each 10 full years of residence after the first, to a maximum of 5 points
	Gardiner resident 62 years of age or older	1
b.	Town of Gardiner full-time municipal employee, minimum 24 months, or retired employee	3
	Shawangunk Valley or Gardiner Volunteer Fire Department or Rescue Squad member in good standing, minimum 24 consecutive months; or	3
	Paid emergency service personnel serving Gardiner, including police, fire and emergency medical services, minimum 24 consecutive months	2
c.	Employee of a public school district serving Gardiner students, minimum 24 months, or retired employee	1
d.	Physically and/or mentally disabled resident of Gardiner, certified by a physician	1
e.	Former resident of Gardiner for at least two years	1
f.	Ulster County residents for at least 3 years, not residing in Gardiner	1
g.	Employee of a business located in Gardiner, minimum 24 months, or retired employee	2
h.	Active member of the armed forces of the United States or reserves, minimum 24 months, or honorably discharged member of the armed forces of the United States	1
i.	Gardiner resident of at least 6 months under 35 years old or child of such a Gardiner resident under 35 years old	3
j.	Parent of a Gardiner resident who has lived in Gardiner for at least 6 months	2

Rental of inclusionary housing units. A two-year lease will be offered to all tenants of inclusionary housing units available on a rental basis. At time of renewal, a tenant will resubmit all financial information required by the Housing Administrator to determine continued income eligibility. If the tenant family's income is more than 10% above the then-qualifying limit, the lease will be renewed for not more than one year in length and upon expiration of such lease, and subject to review by the Housing Administrator, the tenant will be required to vacate the inclusionary housing unit if family income still exceeds the then-current limit. The tenant will be notified of such requirement prior to signing a lease and a clause stating this requirement will be included in the lease.

Ownership and resale of inclusionary housing units.

Ownership of an inclusionary housing unit will be on a fee-simple, condominium or cooperative basis, and title to the same will vest in the eligible purchaser either individually, as joint tenant with other eligible purchasers, or as tenants by the entirety. Inclusionary housing rental units may be owned by individuals or corporations, who or which will offer such units at rent levels that conform to the criteria established by the Housing Administrator.

The owner of an inclusionary housing unit shall notify the Housing Administrator of his or her intent to sell prior to contact with any realtor or purchaser.

The Housing Administrator shall calculate the resale price as provided in Subsection F(1). The Housing Administrator shall screen eligible purchasers as provided for in Subsection O and make the list of eligible purchasers available to the seller. In no event will the seller of an inclusionary housing unit be entitled to a profit obtained from a selling price in excess of the maximum sales price as determined in Subsection F(1).

Upon the death of an owner, the executor or administrator of the estate of the deceased owner will place the inclusionary housing unit for resale on the basis as set forth herein. This shall not apply to a surviving spouse or resident parent who shall be eligible to continue ownership in the same manner as the deceased owner. In no other event will the beneficiaries of the estate, distributees or heirs at law of the deceased owner be entitled to occupy the inclusionary housing unit or be entitled to ownership status, unless the eligibility provisions of these regulations are separately adhered to and complied with.

The original deed and any subsequent deeds or instruments used to transfer title to a inclusionary housing unit shall include a provision indicating that the housing unit is an inclusionary housing unit subject to perpetual restrictions on occupancy and resale. The following paragraph, or one substantially similar, must be included in all deeds and other transfer instruments:

"This dwelling has been constructed for use by eligible families pursuant to a special inclusionary housing program established under the Gardiner Town Code. All future sales, resale or rental of this dwelling in perpetuity must be to a person who is determined to be eligible pursuant to the criteria and priority system set forth in the Gardiner Town Code and at a price determined in accordance with the Town's inclusionary housing program."

Restriction on occupancy. Under no circumstances will an inclusionary housing unit, whether available for ownership or on a rental basis, be offered for rental, lease, sublease, boarding, timeshare or any other basis whereby persons other than the eligible owners and qualifying family members reside in the inclusionary housing unit on either a temporary (more than one week) or permanent basis.

Maintenance, upkeep and repairs.

Prior to engaging in any nonemergency major repair or rehabilitation requiring a building permit, the owner of an inclusionary housing unit will first obtain the written permission and approval of the Housing Administrator. The Building Inspector must approve emergency structural repairs, and the Building Inspector will be responsible for inspecting the repair work when completed and for notifying the Housing Administrator when said work is completed. Under no circumstances will the Housing Administrator approve any addition in size to the structure. The original square footage of the unit will be maintained throughout the unit's existence.

All inclusionary units will be maintained at a standard up to the original builder's specification level. At the time of resale, the Housing Administrator is authorized to determine the expense of repairs for conditions indicative of owner neglect to reasonably return the unit to its original condition; such assessment will be charged to the seller upon resale of the unit and must be paid by the seller at or prior to closing.

Tax assessment. The Town Assessor shall consider the limits on resale value of inclusionary housing units when determining the appropriate assessment on such units.

Appeals. The Town Board will review and decide appeals from any determination of the Housing Administrator. Applicants requesting an appeal must do so, in writing, within 10 business days of receipt of the determination of the Housing Administrator from which the appeal is filed. The Town Board will render its decision within 30 days thereafter.

Procedures for owner and tenant selection. The Housing Administrator shall establish procedures for making available the names and contact information of eligible families for any unit that becomes available. Such procedure shall be designed to implement the point system in Subsection H above, while providing for an efficient mechanism for owners to determine who is eligible to purchase or rent an inclusionary unit. Such procedures shall be prepared with an opportunity for public comment and shall be approved by the Town Board after a public hearing conducted under the rules for a special permit public hearing in this chapter.

Tenant verification. All tenants of rental inclusionary housing units will be required to verify their family incomes in accordance with Subsection E upon each renewal of a lease.

Establishment of the Town of Gardiner Inclusionary Housing Fund. The Town hereby establishes an Inclusionary Housing Fund, the purposes of which will include:

Funding of costs incurred by the Town in the administration and enforcement of the inclusionary housing program, including such activities with respect to inclusionary housing units established under this section, as well as funding of such future inclusionary housing programs as the Town may otherwise establish by legislation, order or resolution;

Defraying consulting fee expenses incurred, or to be incurred, by the Town in the establishment of such inclusionary housing programs;

Defraying the cost of improvements to municipal infrastructure, including but not limited to roads, water, sewer and drainage improvements, to the extent such capital expenditures are incurred to promote the development of inclusionary housing;

Deposit of payments by project sponsors in mitigation, where deemed suitable and appropriate by the Town, of any private residential development proposal's failure to provide inclusionary housing;

Construction of inclusionary housing units by the Town or by a qualified not-for-profit housing corporation or other entity selected by the Town Board; and

§ 220-43 Driveways, common driveways and drive-up windows.

Any other purpose authorized by state or local law in connection with the expansion or improvement of inclusionary housing opportunities within the Town, including but not limited to establishment, to the extent authorized by law, of a program of grants or loans to not-for-profit or for-profit entities.

New driveway entrances (including the conversion of farm roads into residential or commercial driveway entrances) shall require permission from the Town Superintendent of Highways for Town roads, the Ulster County Department of Public Works for county roads, or the New York State Department of Transportation for state roads. For regulation of driveways, see § 184-33 of the Town Code.

The minimum safe access for a one- or two-family dwelling shall consist of a vehicle access driveway that extends to within not less than 20 feet from the principal structure. It shall be sufficiently improved throughout its length to carry fire and emergency apparatus. The following additional requirements shall be met:

No driveway shall be greater than 2,500 feet in length.

Driveways greater than 1,200 feet in length may be constructed only with site plan approval by the Planning Board.

Buildings on driveways greater than 1,200 feet in length shall be built with fire suppression systems recommended by the Fire Chief for the fire district in which the building and driveway are located.

A minimum of 30 feet of culvert pipe shall be installed at the entrance to all driveways (off Town, county, or state roads).

For all dead-end driveways greater than 500 feet in length, a one-hundred-foot by fifteen-foot "T-Shaped" or one-hundred-twenty-foot outside diameter circle/loop unobstructed turnaround area shall be constructed at the end of the driveway.

All driveways shall have and maintain a total of 15 feet of clearing to provide for the traveled way, which shall be 12 feet wide and able to support a twenty-ton load, and shoulder. Additional provision shall be made as necessary to allow for factors that could reduce the effective width of the driveway, such as drainage, snow removal, parking, and utilities.

Turns in driveways shall maintain at least the minimum 15 feet cleared width and a driveway width of 12 feet. Driveways shall have a minimum radius of 25 feet at the inside curb line and a minimum radius of 50 feet at the outside curb line.

The maximum grade between vertical curves shall be 12%.

The minimum safe stopping sight distance shall be 250 feet at the driveway intersection with a public road improved to the Rural Street Specification set forth in Chapter 184, Article II.

At least 13 feet six inches of vertical clearance shall be provided and maintained over the full width of the driveway.

(11)

Driveways over 1,000 feet in length shall have a fifty-foot long by twelve-foot deep turn-out for every 1,000 feet of driveway length, with the turnouts evenly spaced over the length of the driveway.

(12)

Driveway guide rails shall be installed if deemed necessary by the Town Code Enforcement Officer/Building Inspector or Planning Board.

The Planning Board may approve unpaved common driveways to provide access to flag lots or other contiguous lots, subject to the following conditions:

The maximum number of lots gaining access through any portion of a common driveway shall be three.

Written approval from the Town Superintendent of Highways and the Town's engineer shall be secured before approval of any common driveway.

A recorded maintenance agreement acceptable to the Town Attorney must be executed to provide for the perpetual care and maintenance of the common driveway.

The common driveway may never be offered for dedication to the Town of Gardiner unless it conforms to Town Highway specifications for rural streets in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the roadway conforms to Town Highway specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town highway specifications shall be borne by the homeowners.

§ 220-44 Mobile home and construction trailer regulations.

The subdivision plat shall show the driveway clearly labeled "COMMON DRIVEWAY."

Drive-up or drive-through windows shall require site plan review. Street access points and queueing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.

Restaurant drive-up or drive-through windows shall be prohibited.

Mobile home parks.

New mobile home parks shall be permitted only within mapped MHF Districts consistent with the provisions of Chapter 154 of the Town Code.

Existing mobile home parks not located in an MHF District may be continued as provided in Article VI and consistent with the provisions of Chapter 154 of the Town Code. The expansion of an existing mobile home park shall be allowed by special permit issued by the Town Board, provided that the mobile home park is included in a mapped MHF District. Until December 31, 2009, an applicant proposing to expand an existing mobile home park by not more than 25 mobile homes may elect to proceed under the special permit and site plan procedures existing on January 1, 2007. Upon site plan approval, the expanded mobile home use shall be considered a permitted use pursuant to § 220-27F.

New mobile home parks may be permitted in the MHF District, provided that they obtain a special permit and license from the Town Board and fully comply with Chapter 154 and all standards for open space developments, except as follows:

The number of permitted homes in any mobile home park shall be determined as provided by the formula in § 220-20B, using six dwelling units per acre as the maximum allowable density.

The minimum protected open space shall be 30%.

The development shall provide playground and recreational facilities for the use of residents.

The maximum number of mobile homes in any mobile home park shall be 60.

The minimum parcel size shall be 10 acres.

All mobile homes shall be screened from view from public roads and other publicly accessible land.

All mobile homes shall be set back at least 100 feet from property lines.

All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. However, when provisions of this chapter establish requirements applicable to single-family dwellings, such provisions shall not apply to individual mobile homes in a mobile home park that comply with the conditions and requirements of the special permit and site plan approval for that mobile home park.. If the mobile home park will involve the creation of separate lots, the Town of Gardiner Subdivision Law (Chapter 188) shall apply.

Temporary mobile homes. An owner of land located within the Town of Gardiner, and who intends in good faith to construct a dwelling thereon for his own occupancy, may be granted a permit to place a mobile home on such land during the construction of the dwelling not to exceed a period of one year, regardless of the lot area. A mobile home may also be temporarily placed on any lot for a period not to exceed one year in the event of major damage to or destruction of a dwelling located on such lot. To the extent practicable, such temporary mobile homes shall comply with the provisions of this section, except that such homes may be installed without permanent footings. After one year, the Building Inspector shall send notice to remove the temporary mobile home or to apply for an extension not to exceed one additional year in the event that construction, repair, or reconstruction of the residence has not been completed. No further extension shall be granted, unless the Planning Board, after an examination of the facts and after providing the applicant an opportunity to be heard, may, upon finding a hardship or extenuating circumstances, grant a further extension of the permit if denial would work a hardship.

Construction trailers. Construction trailers may be placed temporarily (without permanent footings) on construction sites for a period not to exceed the construction period, if allowed pursuant to a special permit, site plan, variance, or subdivision approval. Such trailers may be used for office, storage, or workshop space, and shall not be used for residential purposes.

Individual mobile homes. Mobile homes shall be regulated in the same manner as single-family dwellings, except as otherwise indicated in this section, and shall be permitted as single-family dwellings as shown on the Use Table, except that mobile homes shall be prohibited within the HM District.

Housing for farm operations. Mobile homes shall be permitted by right on farm operations without the requirement of site plan approval, provided that they comply with all state and federal standards and satisfy all applicable health regulations. Such mobile homes shall be located within the boundaries of the farm parcel operated by the applicant farm operator, subject to the following conditions:

The mobile home shall be used exclusively for the housing of a farm employees and the immediate family of such employees.

The mobile home shall be removed from the premises if any one of the following circumstances occur:

If the mobile home is occupied by persons who do not qualify under Subsection E(1) above;

If the mobile home remains unoccupied for a continuous period of two years or more; or

§ 220-45 Day camps and overnight camps.

If the mobile home becomes uninhabitable and is condemned by the Building Inspector.

[Amended 2-11-2020 by L.L. No. 1-2020]

Day camp or overnight camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback requirements of § 220-35D shall apply. Within the 250-foot setback area, a natural buffer of wooded vegetation shall be maintained to screen day camp and overnight camp structures and reduce the impacts of noise, odors, dust, and light on surrounding areas.

Depending upon the type of day camp or overnight camp operation, the Planning Board may impose restrictions on hours of operation and on those activities that might disturb neighboring properties.

Day camps and overnight camps shall comply with all applicable state licensing requirements.

A day camp or overnight camp that has been approved by special permit, or that was in existence prior to the imposition of special permit requirement, may not add or remove structures without obtaining a special permit or special permit amendment. Such changes to the day camp or overnight camp property shall also require site plan approval.

§ 220-45.1 Residential camping.

[Added 2-11-2020 by L.L. No. 1-2020]

In addition to all requirements applicable to accessory structures or uses, residential camping shall be subject to the following additional requirements and restrictions:

Number of residential camping units. Residential camping is limited to a maximum of one camping unit per lot.

Setbacks. The location of all camping units permitted as accessory residential camping shall comply with all minimum setbacks for principal structures in the zoning district where the property is located.

Sewage disposal. Sewage generated by residential camping shall be disposed of either at an off-site facility or by means of an on-site disposal system. In either case, the facility or system must be one currently permitted and approved by Ulster County Department of Health.

Duration. Residential camping on any property over 60 days in any continuous twelve-month period will be considered a permanent residence and shall not be permitted as an accessory use.

Short-term rental requirements. Residential camping shall be subject to any applicable permitting, registration and/or related requirements imposed by local law that is hereafter adopted by the Town Board to regulate short term rentals in the Town of Gardiner.

Minimum lot size. Residential camping shall only be permitted on lots that are at least 2.0 acres in size.

§ 220-45.2 Campgrounds.

[Added 2-11-2020 by L.L. No. 1-2020]

New campgrounds shall be permitted by special use permit issued by the Town Board only within mapped CF Districts. Site Plan review and approval by the Planning Board. Site plan approval may be issued by the Planning Board only after the Town Board has acted to create a CF District and approve a special use permit for the proposed use. Prior to issuing a special use permit, the Town Board shall solicit from the Planning Board any provisions or conditions which the Planning Board recommends should be included in the permit. The Planning Board shall respond to the Town Board within 30 days after which it shall be deemed that the Planning Board has no recommendation. The referral required under this section may be made concurrently with the referral for Zoning Map amendment required pursuant to pursuant to §§ 220-18.2 and 220-69.

CF Districts may only be established in the RA and SP-1 District and shall be consistent with the provisions of this section and Chapter 200 of the Town Code.

Existing campgrounds not located in an established CF District may be continued as provided in Article VI and consistent with the provisions of Chapter 200 of the Town Code. Notwithstanding the foregoing, an existing campground may add or remove structures, or expand to add up to 10 camping spaces consistent with the provisions of this section and Chapter 200 of the Town Code, with site plan approval issued by the Planning Board. The expansion of an existing campground to add more than 10 camping spaces shall require a special use permit issued by the Town Board and the creation of a CF District consistent with the provisions of this section and Chapter 200 of the Town Code.

All campgrounds shall comply with the requirements of Chapter 200 and obtain a license to operate from the Town Board.

All new campgrounds and expansions of existing campgrounds shall be required to comply with all applicable state and federal regulation, all applicable environmental performance standards (§ 220-40), special permit standards (§ 220-63), and the following supplemental regulations:

Dimensional requirements.

Campgrounds require a ten-acre minimum lot size in the RA zone.

Camping units consisting of wheeled vehicles shall not exceed 8.5 feet in width. The wheels must remain on the vehicle.

Each individual camp space shall be a minimum of 6,000 square feet with up to two camp units allowed per camp space; provided, however, that there shall be only one camping unit consisting of a wheeled vehicle and utility hook up allowed per camping space.

Each camp space shall provide a maximum two parking spaces.

A seventy-five-foot separation will be provided between camp spaces preserving natural vegetation to the extent possible.

Each campground must provide 150 feet of road frontage.

Camp units must be setback from side or rear lot lines a minimum of 50 feet to provide a vegetated buffer. This setback shall be increased to 200 feet in locations where the existing adjacent use is residential. In such case, a minimum fifty-foot-wide vegetated buffer shall be provided.

Camp units must be setback a minimum of 100 feet from public roads. Common parking area must not exceed 5% of the gross developable area. A minimum of 10% of the gross developable area must be designated as a common recreational area.

Access and internal roadways.

Access to the campgrounds shall be from a state or county road and the interior road shall be constructed to Town road specifications for a minimum of 150 feet into the campground, or to the first interior lane, whichever is longer.

If a campground has 25 or more camping units, there shall be two connections to a public road.

Interior roadways or lanes shall be constructed to provide safe and convenient access for patrons and emergency vehicles.

There shall be no direct connection to public roads from any camping space or camping unit.

All interior roadways shall meet the following minimum standards:

One-way interior roadway driving surface shall be a minimum 12 feet in width.

Two-way interior roadways driving surface shall be a minimum of 18 feet in width.

Notwithstanding the foregoing, the Town Board or Planning Board may require that all interior roadways or lanes within the campground meet rural road specifications where prospective traffic or emergency vehicle access would require such improvement.

General requirements and design standards.

All campgrounds shall be located on a well-drained site, properly graded to prevent ponding of water.

The only permanent structures permitted in campgrounds are a single owner or caretaker dwelling, service and office buildings, restrooms and recreational buildings designed and intended to accommodate indoor sports and recreation. Sleeping accommodations for transient guests may not be offered in permanent structures intended for year-round use.

Screening, in the form of fences, trees, or plantings, shall be provided between a campground and any other use. A minimum fifty-foot-wide buffer area shall be required between a campground and any street or highway on which such campground fronts. A buffer area of 50 feet shall also be located along side and rear lot lines between a campground and any other use. Such buffer area shall be suitably landscaped and screened.

There shall be no parking on public roads or interior roadways within a campground.

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of campground are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in campgrounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the campground. Such establishments shall be restricted in their use to occupants of the campground.

Such establishments shall present no visible evidence from any street outside the campground of their commercial character which would attract customers other than occupants of the campground.

The structures housing such facilities shall not be located closer than 100 feet to any public road and shall not be directly accessible from any public road, and shall only be accessible from an internal roadway within the campground.

§ 220-46 Wireless telecommunication facilities.

All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any conditions that shall menace the health of any occupant or the public or constitute a nuisance.

The Town Board may waive, subject to appropriate conditions, the requirements for campgrounds set forth in this § 220-45.2E as in its judgment of the special circumstances of a particular property are not requisite in the interest of the public health, safety, and general welfare, or would cause unusual hardship, provided the public interest is protected and the development is in keeping with the general spirit and intent of the regulations set forth in this § 220-45.2E. The Town Board may consider the preexisting, nonconforming status of any existing use or improvement on the subject property when determining whether or not to grant a waiver under this provision. Any request for waiver of any requirement set forth in this chapter shall be in writing and approved by the Town Board in conjunction with its review of an application for the establishment of a CF District and special use permit.

Purposes, applicability, and definitions.

Purposes of this section:

To provide standards for the construction, modification, and operation of WTFs, in order to protect the scenic qualities of the Town while accommodating the growth of communications services.

To encourage the placement, height, quantity, and appearance of WTFs in such a manner as to minimize any adverse impacts to the surrounding land, property, buildings, and other structures.

To promote the location of WTFs in areas suitably screened and buffered, and in areas adequately separated from residential and other uses.

To encourage the concealment of WTFs within or upon existing or planned structures, in a way that is consistent with surrounding land uses and architecture.

To allow for the shared use of WTF sites, as an alternative to construction of additional communication facilities, while recognizing that co-location on higher towers is not always preferable to a larger number of shorter, less visible, and less obtrusive towers.

To ensure that competition among wireless telecommunications providers in the Town is not unreasonably limited. The provisions of this chapter are neither intended to prohibit, nor to have the effect of prohibiting, the provision of personal wireless services, nor shall they be used to discriminate among providers of functionally equivalent services, consistent with federal regulation.

Applicability. The Town Board may, in accordance with Article IX, issue special permits for wireless telecommunication facilities (WTFs) as provided in this § 220-46.

FUNCTIONALLY EQUIVALENT SERVICES

Definitions. The following definitions are specific to WTFs and supplement Article XII. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number.

ANTENNA

A system of devices that transmit or receive electromagnetic waves or radio frequency (RF) signals. Such uses shall include, but not be limited to, radio, television, personal wireless services, cellular, paging, personal communications services (PCS), specialized mobile radio (SMR), and microwave telecommunications.

AVERAGE TREE CANOPY

The average height of a stand of trees. For the purpose of determining the maximum height of a WTF to be installed in a wooded area, the average overall height (from the ground to the top of the tree) of the trees located within 200 feet of the proposed site shall be used to determine the average tree canopy.

CAMOUFLAGE

Refers to a means of disguising or concealing a WTF in such a way that the facility blends with its surroundings. Camouflage generally conceals antennas of WTFs, and may also conceal other WTF components, such as structural supports, ground-mounted equipment, and accessory structures. Examples of camouflaged WTFs include, but are not limited to, facilities which are disguised as coniferous trees or farm silos, or which are incorporated into steeples, cupolas, or other new or existing architectural elements.

CARRIER

A person, licensed by the FCC, that provides wireless telecommunications services to customers. For the purposes of this chapter, radio and television broadcasters are considered carriers.

CO-LOCATION

The installation of more than one antenna array upon or within a single WTF support structure.

DRIVE TEST

The process of erecting a temporary transmit antenna for the purpose of measuring signal strength from a proposed WTF location, or the process of measuring the actual system performance of an existing WTF to establish the operational coverage and effectiveness of such a site. Such a test is referred to as a "drive test" because signal strength measurements are usually made from a vehicle traveling on roads surrounding the proposed site.

Services which include, but are not limited to, cellular, personal wireless services, personal communications services (PCS), enhanced specialized mobile radio, specialized mobile radio, and paging.

HEIGHT

When referring to a tower or structure, means the vertical distance measured from the preexisting grade level at the center of the base of the tower or structure to the highest point on the tower or structure, even if said highest point is an antenna, camouflage component, or other appurtenance.

MAJOR WTF

Any WTF which is not a minor WTF, including but not limited to any WTF requiring the construction or installation of a ground-mounted tower.

MINOR WTF

A WTF which has very little or no visual impact, and which fits one of the following categories:

Installation within an existing structure, such as a steeple or farm silo, such that the WTF, including all antennas and significant accessory equipment, is completely hidden from view, is indistinguishable from the structure itself, and does not materially alter the structure's appearance or physical dimensions.

PERSONAL WIRELESS SERVICES OR PERSONAL COMMUNICATIONS SERVICES

Shared-use installation upon an existing WTF, where the new WTF's antennas and accessory equipment are hidden by any visual screening and/or camouflage used to conceal the existing WTF, with no material increase in visual impact of the facility.

Shall have the same meaning as defined and used in the Federal Telecommunications Act of 1996.

PROFESSIONAL ENGINEER

A New York State licensed engineer.

PROPAGATION PLOT

A graphical representation of the expected signal strength at specific locations within a cell and the nearby area.

RADIO FREQUENCY (RF) RADIATION

The general term referring to high-frequency, nonionizing electromagnetic radiation utilized in wireless systems to transmit information from one location to another.

SEPARATION

The distance between one carrier's array of antennas and another carrier's array. Separation may be measured horizontally or vertically.

SHARED USE

The use of a WTF by more than one carrier, or to support more than one antenna array or type of service. Examples include co-location (either with or without horizontal or vertical separation) and shared use of the same antenna or radome.

TELECOMMUNICATIONS

The transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

VISUAL SCREENING

A buffer of new or existing trees, vegetation, landscaping, topographic features, or some combination thereof, which shields a WTF from view.

WIRELESS TELECOMMUNICATIONS FACILITY OR WTF

A facility used to physically and/or operationally support the use of antennas to transmit or receive wireless signals, including, but not limited to cellular, paging, personal communication services (PCS), commercial satellite services, microwave, mobile radio, specialized mobile radio (SMR), radio, television, and personal wireless services. Such facility shall be considered to include any antennas, towers, structural supports, equipment, accessory buildings, generators, camouflage systems and structures, security barriers, screening, and other components required for its construction or operation. For the purposes of this chapter, facilities used exclusively for the Town's fire, police, and other dispatch telecommunications, or used exclusively for private residential radio and television reception, private citizen's band, and amateur (ham) radio are excluded from the definition of "wireless telecommunications facility."

Standards for approval.

Any person applying for a special permit for a WTF or operating a WTF pursuant to an approved special permit, including any successor or assign of an applicant or operator of a WTF, shall be one of the following:

An FCC-licensed carrier; or

A person who has a signed contract with or letter of intent from an FCC-licensed carrier to locate an antenna upon the applicant's proposed WTF.

The reviewing board may, at any time during the application review process, require from the applicant such additional information, documentation, or test data as the board deems necessary to ensure that the health, safety, and welfare of the community are adequately protected.

Approval requirements for major and minor WTFs.

An application for a major WTF shall require special permit approval from the Town Board and site plan approval from the Planning Board.

An application for a minor WTF shall require only special permit approval from the Town Board.

Visual impact assessment. It is an intent of this chapter to encourage the concealment of WTFs, through the use of camouflage, visual screening, location, and distance, used separately or in combination. In addition to other available methods, the measures outlined below may be used by the Town Board and other applicable boards to evaluate the visual impact of a proposed WTF.

The Board may require the applicant to conduct a balloon test. If so directed, the applicant shall, prior to the close of the public hearing on the application, conduct the test as follows: The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon at the maximum height of the proposed new tower. The dates (including a second date in case of poor visibility on the initial date), time, and location of this balloon test shall be advertised by the applicant at no less than seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town, and agreed to by the Board. The applicant shall inform the Board, in writing, of the date and time of the test at least 14 days in advance. The balloon test shall be conducted on a weekend, and the balloon shall be flown for at least eight consecutive hours between 7:00 a.m. and 4:00 p.m. on the date chosen.

To determine the effects of changes in WTF height on visual impact, the Board may require that some or all of the visual impact assessment methods described in this chapter also be provided for other heights which are higher or lower than that of the proposed WTF. Such additional information and tests shall be provided for heights differing from the proposed height by increments of a size and number specified by the Board. The assessment methods for which such additional information may be required include, but are not limited to, the following:

Balloon test.

"Zone of visibility" map, as described in § 220-26C(1)(q).

Photographic representations of views before and after WTF installation, as described in § 220-26C(1)(q).

Location of WTFs.

It is the intent of this section to protect the following specific resources of the Town from any adverse effects resulting from the installation and operation of WTFs:

The natural, environmental, historic, archeological, recreational, and scenic resources (including views both to and from the areas) of the following features of the Town:

[a]

Parks and preserves, including Minnewaska State Park Preserve, the Mohonk Preserve, George Majestic Memorial Park, and the Wallkill Valley Rail Trail.

[b]

Waterways, including the Wallkill River, Shawangunk Kill, and Mara Kill, and their associated floodplains.

[c]

The Shawangunk Ridge.

[d]

Viewsheds and scenic vistas from highways, including Town, county, and state roads.

[e]

Viewsheds and scenic vistas from various neighborhoods and residential properties.

The scenic, aesthetic, cultural, and historic qualities of the areas within and surrounding the Town's Hamlet Residential, Hamlet Mixed-Use and Highway Commercial Zoning Districts.

WTFs shall not be located in that area of the Town which lies both west of County Route 7 and at or above an elevation of 400 feet above mean sea level.

WTFs shall not be located within 100 feet of any campground, public park, preserve, or recreational trail.

Unless mounted on or within an existing structure, WTFs shall not be located in or within 500 feet of any Hamlet Residential, Hamlet Mixed-Use or Highway Commercial Zoning District.

Installation of WTFs in locations where they obtain additional prominence, such as along a ridge line or on a hilltop, shall be avoided. In particular, no WTF shall project above or along the Shawangunk Ridge or be visible along the ridge face.

Height. The height of any WTF shall be the minimum height determined by the Town Board to permit the WTF to provide service over a reasonable range while limiting the WTF's visual impact to a minimum. Subsections B(6)(a) through (d) below provide additional height limitations on specific types of WTF installations. The Town Board may, at its discretion, allow these limitations to be exceeded, provided that the applicant demonstrates, to the Town Board's satisfaction, that no additional adverse visual impact will result from the deviation above the applicable height limit from Subsection B(6)(a) through (d) below. However, in no case shall the height of a WTF exceed 120 feet.

For a ground-mounted WTF tower, the following height standards shall apply:

In cleared areas, the maximum height of a WTF is limited to 80 feet.

In wooded areas, the maximum height of a WTF is limited to 15 feet above the average tree canopy.

In cases where the proposed WTF is located within 50 feet of the border between cleared and wooded areas, the entire surrounding area shall be considered cleared for the purposes of determining maximum tower height.

When a WTF is to be installed within or upon an existing structure (such as a building, building component, barn, or farm silo, but not a high-voltage electrical transmission structure), the facility shall not add more than 10 feet to the height of the original structure.

When a WTF is to be installed upon an existing high-voltage electrical transmission structure, the following height limitations shall apply:

Where the utility right-of-way passes through or adjoins a cleared area, the WTF shall not add any height to the existing electrical transmission structure.

Where the utility right-of-way passes through a wooded area, the WTF shall not add more than 10 feet to the height of the existing electrical transmission structure.

When a WTF is incorporated into the design of a planned or proposed new building or structure, the portion of the structure supporting the WTF antenna shall not add more than 10 feet to the height of the remainder of the structure. The portion of the structure not used to support the WTF antenna shall be subject to the height restrictions of the underlying zoning district.

No proposed WTF shall be of such a height that it requires obstruction lighting, strobe lights, or high-visibility markings of any kind under local, county, state, or federal regulations, including FAA regulations.

In order to reduce the overall visual impact of a proposed WTF, the applicant may be required to achieve coverage objectives by using more than one shorter structure (existing or new) rather than a single tall structure.

Demonstration of need for a WTF.

An applicant shall demonstrate the need for a proposed WTF for a specific location by furnishing the Town Board with propagation plots and drive test results as required by the Town Board.

To determine the effects of changes in WTF height on expected coverage, the Town Board may require that the information outlined in Subsection B(7)(a) above also be provided for other heights which are higher or lower than that of the proposed WTF. Such additional data shall be provided for heights differing from the proposed height by increments of a size and number specified by the Town Board.

It is an objective of this chapter to facilitate the provision of adequate wireless telecommunications coverage throughout the Town. It should be noted, however, that the achievement of complete coverage throughout the Town may not be possible or practicable. Evidence of incomplete coverage throughout the Town shall not, by itself, demonstrate need for a proposed WTF.

Lot size and setbacks.

Minimum lot area for a WTF site shall be that required to comply with the setback requirements of Subsection B(8)(b) through (f) below, or the area specified in the Dimensional Table, whichever is greater.

Setbacks are to be measured horizontally, and shall apply to all WTF components, including guy wire anchors, accessory structures, and fences.

To ensure public safety and to mitigate adverse visual impact, the minimum distance from a WTF to any property line, road, residential or habitable dwelling, business use, or institutional use shall be 1 1/2 times the height of the WTF.

In the event that a WTF is to be installed within a new or existing structure, such as a steeple, building, or farm silo, the setbacks in Subsection B(8)(c) above may be waived if deemed appropriate by the Town Board.

The applicant shall "control," by way of ownership, easements, or other means, lands within the setbacks to ensure that no habitable structure can be built within the setback distances, and to ensure that any existing vegetation screening base facilities will be preserved. Written proof of such measures shall be furnished with the application as required by the Town Board.

Additional setbacks may be required by the Town Board to preserve the privacy of adjoining properties, to provide additional visual screening, and to contain on site substantially all icefall and/or debris from tower failure.

Camouflage.

A WTF shall be camouflaged so as to minimize its visual impact.

Any WTF shall employ an unobtrusive design and the most appropriate camouflage for the proposed site, as determined by the Town Board. All WTFs shall be designed to blend into the surrounding environment through the use of appropriate designs, building materials, colors, and textures.

A WTF which is mounted upon an existing structure, or incorporated into the design of a new structure to be built for a purpose other than wireless telecommunications, shall be concealed within or behind new or existing architectural features (e.g., cupola, roof, steeple, clock tower, silo roof, etc.) to limit its visual impact.

When determined to be appropriate by the Town Board, a ground-mounted WTF shall be camouflaged to resemble or mimic an object that would be consistent with the character of the surrounding area. Such objects might include a native coniferous species of tree, a farm silo, or some other innovative replication of a structure. Camouflage used in such cases shall be made to appear as realistic as possible using available techniques.

On WTFs designed to allow co-location of additional antennas, camouflage systems shall conceal not only the initial antenna(s) installed, but also the spaces to be occupied by future antennas.

Flush-mounted or completely hidden antennas shall be used whenever possible in order to improve the effectiveness of the camouflage system and to reduce the overall visual impact of the WTF.

If a proposed WTF is sufficiently small, visually screened, or distant from surrounding property lines that it is not materially visible to the naked eye from any viewing position outside the subject parcel, then the Town Board may waive some or all of the camouflage requirements of this section.

In the particular case where a WTF is to be installed upon an existing high-voltage electrical transmission structure, any structural members added to support the WTF shall be consistent in design, finish, type of material, and color with the existing structure.

Visual screening.

Any WTF not effectively concealed from view within new or existing structures shall, in addition to any required camouflage described in Subsection B(9) above, be surrounded by a visual buffer consisting of dense tree growth, understory vegetation, topographic features, and/or landscaping. The buffer shall be of sufficient height and depth to effectively screen the WTF from view year-round. Buffer trees and vegetation may be preexisting on the subject property, installed as part of the proposed facility, or a combination of both. If on adjacent lands, required buffer trees and vegetation shall be subject to acceptable easements, which shall continue until the WTF is removed.

If plantings of trees or shrubs are to be used for visual screening, they shall be selected to meet all of the following criteria:

Minimize the likelihood of destruction by deer browsing.

Be varied in size, type, and location so as to appear natural.

Consist primarily of evergreen species in order to provide year-round screening.

Any plantings shall be maintained in a healthy state or replaced as necessary to provide continued screening.

The applicant shall "control," by way of ownership, easements, or other means, lands within the setbacks to ensure that any existing vegetation screening the WTF will be preserved. Visual screening may be located on the subject parcel, or on adjacent lands if subject to acceptable easements.

Clearing of trees for a WTF site shall be kept to an absolute minimum in order to maximize the screening effect of existing woodlands.

(11)

Lighting. WTFs shall not be artificially lighted except as follows:

Security lighting for accessory structures or buildings shall be motion-activated and shall be minimized, shielded, and directed downward to prevent light pollution, light emission, and glare onto adjacent properties.

Lighting for temporary night, emergency, or indoor work by technicians shall be allowed.

(12)

Vehicles and movable equipment on WTF site. Vehicles and movable equipment not incidental to the operation of the WTF shall not be stored or parked on the WTF site unless specifically allowed by the Town Board.

(13)

Utilities. The Town Board may require any utilities at a WTF site to be installed underground.

(14)

Signage. A WTF shall contain an unlit sign no larger than six square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall include the names of the owner and operator of the WTF, as well as twenty-four-hour emergency phone numbers. The sign shall be posted on or near the entry gate, and shall be located so as to be visible from the access driveway of the site. In the case of roof-mounted antennas or antennas incorporated into an existing structure such as a steeple or farm silo, the sign shall be displayed at the access way to the antenna area. No other signage shall be permitted on a WTF unless required by applicable law or regulation.

(15)

Radio frequency and electromagnetic standards.

The Town may, at any time, require the owner and/or operator of a WTF to submit evidence of the facility's compliance with FCC standards and guidelines. If new, more restrictive standards or guidelines are adopted by any appropriate federal or state agency, the WTF shall be brought into compliance, or continued operation may be restricted by the Zoning Enforcement Officer.

Before commercial transmissions begin, the applicant shall provide certification by a professional electrical engineer with expertise in RF engineering that the facility, as constructed or installed, does not exceed the maximum permissible exposure limits for levels of electromagnetic radiation in accordance with FCC standards and guidelines. This certification shall include a statement as to whether other significant transmitting sources are located at or near the WTF site and, if so, how their emissions were considered in determining compliance.

(16)

Security of WTFs. All WTFs shall be located, fenced, or otherwise secured in a manner which prevents unauthorized access. Fencing shall be designed to minimize visual and aesthetic impacts. Electrified fences and razor wire shall be prohibited.

(17)

Accessory structures.

Accessory structures shall be limited to such dimensions as needed to accommodate equipment while minimizing the visual impact of said structures.

Accessory structures may not include office space, vehicle storage, outdoor storage, or other uses that are not needed to send or receive wireless telecommunications transmissions unless allowed by the Town Board.

Accessory structures shall be designed to be architecturally compatible, both in style and materials, with principal structures in the surrounding area, as determined by the Town Board. This requirement may be waived in cases where the structures are visually screened as set forth in Subsection B(10), Visual screening.

Existing structures which are sound and well-maintained may be used, if practicable, to house WTF equipment, in lieu of the construction of new accessory buildings.

(18)

Maintenance. The WTF owner and/or operator shall maintain the WTF in good condition, including, but not limited to, maintenance of telecommunications equipment, security features, painting and other finishes, camouflage, screening, buffer areas, landscaping, and structural integrity.

(19)

Modification of existing WTFs.

The holder of a special permit shall notify the Town concerning any intended modification of a WTF. The Town Board shall determine whether the intended modification is of such a nature that a full application as otherwise required by this chapter will be required. However, a proposed modification to an existing WTF shall be considered equivalent to an application for a new facility in any of the following cases:

The applicant proposes to increase the number of WTFs or antenna arrays permitted on the site.

The applicant proposes to make any change which will materially increase the physical dimensions of the WTF, including but not limited to antennas, appurtenant equipment, and accessory structures.

The applicant proposes to make any change which will significantly alter the appearance of the WTF.

If the Town Board determines, pursuant to the above criteria, that a full application is not required for a modification of a WTF, then the Town Board may specify which of the requirements of this chapter shall apply to the proposed modification.

(20)

Shared use of WTFs.

Shared use of WTFs, including, but not limited to, shared antennas and co-location of antennas, shall be allowed to the extent that it does not materially increase visual impact.

The total number of antenna arrays on a WTF site shall not exceed three. Where there is sufficient capacity and no reduction in safety, reliability, or general engineering purposes, location of more than one carrier's equipment on a WTF site shall be accommodated as provided in this section.

A proposed WTF with capacity for shared use shall include the following accommodations for future carriers:

Adequate space for additional equipment or accessory structures as may reasonably be expected to be required within the secure area at the base of the WTF.

Sufficient visual screening and camouflage to conceal the WTF, including future carriers' equipment and accessory structures.

Capacity for co-location shall not be considered a legitimate justification for increased height of a WTF unless the Town Board determines that such an increase in height would not have an adverse effect on the visual impact of the WTF.

(21)

Operational permit for a WTF.

A WTF shall be subject to an operational permit issued by the Zoning Enforcement Officer. Such permit shall constitute permission to operate the WTF in compliance with the requirements of the Municipal Code of the Town and any requirements or conditions related to the special permit and site plan approvals for the WTF. The issuance of an operational permit shall not be construed to be a permit for, or an approval of, any violation of such provisions.

Application for an operational permit, whether for an original permit or for a renewal, shall be made to the Building Department in such form and detail as prescribed by the Zoning Enforcement Officer. The Zoning Enforcement Officer may require, as a condition of permit issuance or renewal, the submission of any information as may reasonably be needed to make a determination regarding compliance of the WTF. An application for an operational permit shall be accompanied by a fee as set forth by the Building Department.

An operational permit shall remain in effect until reissued, renewed, revoked, or expired. An operational permit shall be effective for a period not to exceed five years, at which time, if not renewed, it shall expire and operation of the WTF shall cease.

The Zoning Enforcement Officer may, upon written request and demonstration of good cause by a holder of an unexpired operational permit, grant one or more written extensions of permit time for periods not to exceed 90 days each.

Where more than one WTF operational permit is required for the same location, as may be the case with shared use of a WTF, the Zoning Enforcement Officer may consolidate such permits into a single operational permit, provided that each permitted use is identified in the operational permit.

A WTF shall at all times be operated and maintained in full compliance with the standards and conditions under which special permit and site plan approval were granted, and in conformance with all applicable regulations. In addition to any other remedy provided in the Municipal Code of the Town, failure to so operate and maintain a WTF shall be grounds for revocation of the operational permit by the Zoning Enforcement Officer.

Procedures.

Application. In addition to other applicable requirements for special permit applications in Article IX, an application for the placement, construction, or modification of a wireless telecommunication facility (WTF), shall also contain the following information:

The names, addresses, and phone numbers of the following parties:

The individual preparing the application.

The applicant (including the legal form of the name of the applicant).

The carrier(s) who will be using the facility.

The builder of the facility.

The property owner.

Stamps and signatures of the following:

A professional civil engineer.

A professional electrical engineer with expertise in RF engineering.

Estimated total project cost, including all site work, construction, materials, and equipment.

A site development plan including the following information, in addition to the requirements of Article IX:

Location and delineation of the area to be leased by the applicant, if applicable.

Location, size, and height of all proposed towers, antennas, and appurtenant structures and equipment.

Type, location, and dimensions of all proposed and existing landscaping, fencing, and visual buffers.

In the case of a WTF proposed to be constructed in a wooded area, the average tree canopy height (see definition).

Extent of any proposed clearing of existing trees and vegetation.

Area map showing the following within a radius of 500 feet of the proposed WTF site or within 100 feet of the subject parcel lot lines, whichever is greater:

[a]

All residential or habitable structures.

[b]

All schools, day-care centers, campgrounds, public parks, preserves, recreational trails, and playgrounds.

Description of the WTF (employing text, drawings, details, and elevation views as appropriate), providing the following information:

Designs and types of all proposed towers and antennas.

Height, dimensions, materials, colors, and lighting of the WTF and all related fixtures, structures, appurtenances, and equipment.

Description of proposed camouflage system.

Frequency, modulation, and class of service of transmitting equipment.

Transmission power and maximum effective radiated power of the antenna(s).

Diagram showing direction of maximum lobes and associated radiation of the antenna(s).

(i)

Report demonstrating need.

A report demonstrating the need for the proposed WTF, to include:

[a]

Propagation plots or coverage maps showing the expected coverage of the proposed site and the coverage of all adjoining proposed, in-service, or existing sites.

[b]

At the Board's request, results of drive tests for existing WTFs surrounding the proposed WTF site, and/or results of a drive test performed with a test antenna suspended at the height of the proposed WTF antenna. Such drive tests may be witnessed by a consultant or other expert selected by the Board.

To determine the effects of changes in WTF height on expected coverage, the Board may require that the information outlined in Subsection C(1)(i)[1][a] and [b] above also be provided for other heights which are higher or lower than that of the proposed WTF. Such additional data shall be provided for heights differing from the proposed height by increments of a size and number specified by the Board.

(j)

Certification by a professional electrical engineer with expertise in RF engineering that the electromagnetic radiation levels at the proposed site will be in compliance with FCC standards and guidelines, and that the proposed facility will comply with all applicable federal standards. This certification shall include a statement as to whether other significant transmitting sources are located at or near the proposed WTF site and, if so, how their emissions have been considered in determining compliance.

(k)

A copy of the carrier's FCC license for operation of WTFs.

(l)

If the applicant is not an FCC-licensed carrier proposing to locate an antenna upon the WTF, then a copy of a signed contract with, or a signed letter of intent from, an FCC-licensed carrier to locate an antenna upon the applicant's proposed WTF.

(m)

A long-range communications facilities plan showing how, for a period of three years following the date of application, the applying carrier plans to provide service throughout the Town and within five miles of the Town's boundaries, including the following:

Locations of all WTF sites that the carrier currently operates, and all sites that the carrier is considering, reviewing, or planning.

The carrier's network and coverage plans.

(n)

If the applicant is not proposing to share use of an existing WTF or to locate upon an existing structure, then demonstration that shared use is not practicable. Such demonstration is to be in the form of a written report inventorying all existing WTFs and other appropriate structures for supporting WTFs, including sites within neighboring towns, within 1,500 feet of the proposed WTF site. The purpose of this report shall be to show that the applicant used its best efforts to secure shared use of existing WTFs and other existing structures as a preferred alternative to new tower construction. The report shall include a written summary of the applicant's efforts to secure shared use of existing WTFs, or use of existing buildings or other structures, within the Town and adjoining towns, as well as the reasons why shared use is considered impractical in each case. Copies of written requests and responses may be required by the Town Board.

(o)

A copy of the applicant's lease or proposed lease from the property owner, if the proposed site is not owned by the applicant.

(p)

In the event the proposed WTF is located upon an easement (such as a utility easement), the applicant shall provide proof that the easement permits the addition of a WTF as an accessory or incidental use to the use provided for in the easement, or shall provide proof of the consent of the fee owner of the lands on which the proposed WTF is to be located.

(q)

For a major WTF, an assessment of the visual impact of the proposed facility, to include:

A "zone-of-visibility" map, which shall show all locations, within a radius of seven miles, from which the WTF may be clearly seen with the naked eye.

Photographic representations of "before" and "after" views from key viewpoints both inside and outside the Town, including but not limited to Town, county, and state highways, state and local parks, other public lands, historic districts, preserves and historic sites normally open to the public, and any location where the site is visible to a large number of visitors, travelers, or residents. The Town Board, acting in consultation with its consultants and the public, may provide guidance concerning the appropriate key sites.

Elevation drawings or other accurate renderings showing the proposed WTF (including all base equipment, structures, and fences) in side view, both with and without any proposed screening and camouflage.

(r)

For any proposed WTF which involves the construction of a tower, or which will add to the height of an existing structure in such a way that the WTF or any element thereof will protrude above the surrounding topography or vegetation, written confirmation from the FAA that no obstruction lighting, strobe lights, or high-visibility markings will be required under FAA regulations.

(s)

A written, signed statement from the owner of the property that, should the Town Board determine that removal of the WTF is necessary, and should the WTF owner or special permit holder fail to carry out such removal as required by this chapter, then the Town or its agent is authorized and permitted to enter the subject property for the purposes of removal of the WTF and restoration of the WTF site.

Bond. In the case of a special permit for a wireless telecommunication facility (WTF), the applicant and/or the owner of record of the facility shall, at its cost and expense, be jointly required to execute and file with the Town a bond or other form of security acceptable to the Town Board as to type of security and the form and manner of execution, with such sureties as are deemed sufficient by the Town Board to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit issued pursuant to this chapter, including, but not limited to, maintenance and removal of the WTF. The amount of the security shall be that recommended by the Town Engineer or other consultant retained to review the WTF application. The full amount of the bond or security shall remain in effect throughout the term of the special permit and until the removal of the WTF and any necessary site restoration is completed. The amount may be adjusted from time to time in the event of circumstances such as increased costs, upon 20 days' prior notice to the applicant, who may appear at a Town Board meeting to offer any statements and evidence on the proposed increase. Failure to maintain the performance security in full force and effect shall be a violation of the provisions of the special permit, and shall entitle the Zoning Enforcement Officer to revoke the operational permit for the WTF.

Removal of wireless telecommunication facilities (WTFs) due to cessation of activity.

A WTF, once constructed, shall be continuously used as a wireless telecommunication facility. If a WTF has ceased operation for a period exceeding a total of 180 days in any period of 365 days, then the Town Board may determine that such inactivity warrants removal of the WTF. (If such period of disuse of a WTF is caused by force majeure or acts of God, repair or removal by the special permit holder shall commence within 90 days.)

If the Town Board makes such a determination of inactivity and cause for removal, then the holder of the special permit for the WTF, the owner of the WTF, and the property owner shall be notified of the Town Board's determination, and shall be notified of a date for a hearing. At such hearing, held no less than 14 calendar days after giving notice, the Town Board shall consider evidence submitted as to the existence and duration of the period(s) of inactivity in question.

If the Town Board makes a final determination that he WTF is to be removed, then the holder of the special permit, or its successor or assign, shall dismantle and remove such WTF and all associated structures and facilities from the site, and restore the site to as close to its original condition as is possible, within 90 days of receipt of written notice from the Town Board.

If the WTF is not removed within 90 days, then the Town Board may take steps to declare the WTF abandoned, and may order officials or representatives of the Town to effect removal of the WTF and site restoration at the sole expense of the owner of the WTF or special permit holder. If the WTF owner or special permit holder fails to pay the costs associated with such removal and restoration, then the permit holder's performance security may be used to meet the Town's expenses.

If the Town removes, or causes to be removed, a WTF, and the owner of the WTF does not claim and remove it from the site to a lawful location within 10 days, then the Town may sell or dispose of the WTF and its components using the proceeds of the permit holder's performance security to the extent necessary. To the extent that performance security proceeds are insufficient or unavailable and the Town incurs costs, such costs shall be the responsibility of the WTF owner and the property owner, and until paid shall constitute a lien on the parcel, which lien, if left unpaid for one year, may be levied as a delinquent tax.

§ 220-47 Solar energy systems.

[Added 6-13-2017 by L.L. No. 2-2017]

Statement of purpose, applicability and definitions.

Purposes of this section. This zoning for solar energy section is adopted to advance and protect the public health, safety, and welfare of the Town of Gardiner, including:

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource for residents of the Town of Gardiner;

Decreasing the cost of energy to the owners of commercial and residential properties within the Town of Gardiner;

Increasing employment and business development in the region by furthering the installation of solar energy systems;

Promoting energy efficiency and the use of renewable resources in new construction and renovations; and

Encouraging the development of local power generation capacity in a manner consistent with the Gardiner Open Space Plan, the Gardiner Master Plan and the Town's rural character and quality of life.

Applicability.

The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.

Solar energy system installations for which a valid building permit has been issued and for which installation has commenced before the effective date of this section shall not be required to meet the requirements of this section.

All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in applicable residential, building, electrical and fire codes, and the Town Code.

Solar collectors, unless part of a large-scale solar energy system or solar energy system designed for a subdivision use, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York Public Service Law § 66 or similar state or federal statute.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS

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

APPLICANT

Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests an approval or permit to construct a solar energy system.

AREA OF USE

The area within the parcel measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and access roadways.

A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

BUILDING-MOUNTED SOLAR SYSTEM

See "rooftop or building-mounted solar system."

COLLECTIVE SOLAR

Solar installations owned collectively through subdivision homeowner associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.

COMMUNITY NET METERING

As provided for by the New York State Public Service Commission.

FLUSH-MOUNTED SOLAR PANEL

Photovoltaic panels and tiles or other solar collectors that are installed flush to the surface of a building roof and which cannot be angled or raised.

GROUND-MOUNTED, FREESTANDING, OR POLE MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a frame, pole or other mounting system, detached from any other structure for the purpose of producing electricity for onsite or off site consumption.

KILOWATT (KW)

Equal to 1,000 watts; a measure of the use of electrical power.

MEGAWATT (MW)

Equal to 1,000 Kilowatts; a measure of the use of electrical power.

NET-METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage.

OFFSITE USE

A solar energy system designed to be used primarily for export of solar energy to be used primarily by parcels other than the parcel it is located on.

ONSITE USE

A solar energy system designed to be used primarily by the building and/or parcel on which it is located.

OWNER

Any person, firm, partnership, association, corporation, company or organization of any kind who or which:

Owns a solar energy system; or

PHOTOVOLTAIC (PV) SYSTEMS

Owns real property upon which a solar energy system is constructed or proposed.

A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

REMOTE NET METERING

As provided for by the New York State Public Service Commission.

ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM

A solar panel system located on the roof of any legally permitted and/or constructed building or structure for the purpose of producing electricity for onsite or offsite use.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR EASEMENT

An easement recorded pursuant to New York Real Property Law § 335-b.

SOLAR ELECTRIC GENERATING EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite use, sale, or consumption.

SOLAR ENERGY SYSTEM, SMALL-SCALESolar photovoltaic systems which generate power exclusively for onsite use and consumption by the owners, lessees, tenants, residents, or other occupants of the premises of the building or lot to which they are attached and do not provide energy for any other lots, except as may be allowable under New York State or federal regulation.

SOLAR ENERGY SYSTEM, SUBDIVISION USEA collective solar energy system occupying less than or equal to two acres area of use consisting of ground-mounted solar arrays or roof panels, and associated control or conversion electronics and that will be used to produce utility power to provide energy only for the onsite use and consumption of the specific lots associated with a particular major or minor subdivision.

SOLAR INVERTER

Converts the variable direct current (DC) output of a photovoltaic (PV) solar panel into a utility frequency alternating current (AC) that can be fed into a commercial electrical grid or used by a local, off-grid electrical network.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL SYSTEMS

Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

TILT

The angle of the solar panels and/or solar collector relative to their latitude.

TRUE SOLAR NOON

When the sun is at its highest during its daily east-west path across the sky.

Solar as an accessory use or structure; permit required.

No solar energy system or device shall be installed or operated in the Town except in compliance with this section. All solar energy systems shall be performed by a qualified solar installer.

Any connection to the public utility grid must be inspected by the appropriate public utility.

All required diagrams and plans must include the following:

Project address, section, block and lot number of the property;

Owner's name, address and phone number;

Name, address and phone number of the person preparing the plans;

Name, address and phone number of any other entity with an interest in the property, including but not limited to any leaseholder and/or holder of any option to purchase; and

System capacity in kW-DC.

Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:

Weight load, inclusive of snow and ice loads.

Wind resistance.

Ingress and egress in the event of fire or other emergency.

The Building Inspector shall have authority to determine compliance with the requirements set forth in this section. Consideration shall be made regarding glare or other adverse effects on neighboring properties when determining compliance with this section.

Rooftop and building-mounted solar collectors.

Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:

Building permits shall be required for installation of all rooftop and building-mounted solar collectors.

Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height by more than four feet of the principal use in any zoning district.

There shall be adequate ventilation opportunities afforded by panel setback from other rooftop equipment (for example; shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);

In order to ensure firefighter and other first responder safety, in accordance with applicable residential, building, electrical and fire codes, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors. Additionally, installations shall provide for adequate access and spacing in order to:

Ensure access to the roof;

Provide pathways to specific areas of the roof;

Provide for smoke ventilation opportunity areas; and

Provide emergency egress from the roof.

Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:

Alternative access opportunities (such as from adjoining roofs);

Ground-level access to the roof area in question;

Adequate ventilation opportunities afforded by panel set back from other rooftop equipment;

New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.

Rooftop and building-mounted solar collectors must be properly engineered to support solar collectors. The applicant must provide a signed and sealed certification from a New-York-State-licensed professional engineer containing the following information:

The roof structure is strong enough to support the additional weight of the solar units as per applicable residential, building, electrical and fire codes.

All solar collectors are in compliance with applicable residential, building, electrical and fire codes.

The solar energy system is constructed and installed in compliance with applicable residential, building, electrical and fire codes.

Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

In the event any of the standards in this § 220-47C(1) are more stringent than applicable residential, building, electrical and/or fire codes, the standards in this subsection shall be deemed to be guidelines only and the standards of the residential, building, electrical and/or fire codes shall apply.

Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.

Freestanding and ground-mounted solar collectors.

Building permits are required for the installation of all ground-mounted and freestanding solar collectors.

Freestanding or ground-mounted solar collectors designed for onsite use are permitted as accessory structures in all zoning districts of the Town of Gardiner, subject to the following conditions:

The solar collector meets all applicable setback requirements for accessory buildings in the zoning district in which it is located.

The solar collector must be installed in a side or rear yard.

No unit shall exceed 14 feet in height from the ground unless an area variance is obtained from the Zoning Board of Appeals.

Freestanding and ground mounted solar energy collectors shall be screened as possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

The total surface area of all ground-mounted and freestanding solar collections on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot. Notwithstanding the foregoing, nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review and approval pursuant to Article IX of this chapter.

Any freestanding, ground-mounted or pole-mounted solar collectors to be installed in a nonresidential zone shall require site plan review and approval by the Planning Board pursuant to Article IX of this chapter prior to the issuance of any building permit.

Solar thermal systems.

Building permits are required for the installation of all solar thermal systems.

Solar thermal systems are permitted in all zoning districts subject to the same requirements set forth above as for ground-mounted and free-standing solar collectors.

Solar energy system designed for subdivision use.

When an application for either a minor or major subdivision is presented to the Planning Board, which plans include incorporation of a solar energy system as a community energy source, the following criteria for the review and use shall be considered:

Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the subdivision on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.

The solar energy system shall be located on one or more lots of the subdivision.

All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.

A homeowner's association shall be established for the operation and maintenance of the solar energy system.

Permitted locations.

Solar energy systems designed for subdivision use shall be permitted in all zoning districts with site plan review and approval from the Planning Board pursuant to Article IX of this chapter issued in conjunction with minor or major subdivision review, so long as the solar energy system meets the criteria set forth in this subsection and any other applicable provisions of this Zoning Law, and all other necessary approvals are obtained.

Solar energy systems designed for subdivision use shall not be permitted in a one-hundred-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps or within 100 feet of a New York State or federally designated wetland.

Specific site plan requirements. A solar energy system designed for a subdivision use shall comply with all the site plan requirements of Article IX of this chapter. Additional requirements for the use shall include but not be limited to the following:

Maximum area. The maximum area of use for a solar energy system designed for a specific subdivision use shall occupy < two acres of land area of use.

Height. The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 14 feet in height above the ground.

Setbacks. The minimum setback for a solar energy system designed for a specific subdivision use and equipment used in conjunction with the solar energy system shall be at least 35 feet from all lot lines of parcels associated with the subdivision and 50 feet from all perimeter lot lines of contiguous parcels not a part of the subdivision.

A minimum twenty-five-foot perimeter buffer, which may be partially or totally within the subdivision perimeter lot line setback, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings in accordance with Town standards, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent properties and Town, county and state roads.

The solar energy system shall be preferably located on an interior lot of the subdivision and placed away from contiguous residential use. Where a solar energy system designed for a specific subdivision use will abut other residential uses outside of the boundaries of the subdivision, there shall be increased consideration for mitigating visual impact to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be required by the Planning Board. Planting of invasive species shall be prohibited to mitigate visual and audio impact.

Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed that provide for the preservation of natural vegetation in large unbroken blocks that also allow contiguous open spaces to be established when adjacent parcels are developed.

A land grading and vegetation clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of an emergency access roadway and the area required for solar access.

Landscape screening shall be provided in accordance with the landscaping provisions of this chapter. Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.

(i)

Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled onsite.

(j)

A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New-York-State-licensed professional engineer for the site and any road used to access the site. The total area of the face of all solar panels shall be calculated and considered impervious surface. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (stormwater pollution prevention plan) shall be prepared, if determined to be required, and all local stormwater regulations shall be complied with.

(k)

Conveyance of energy to subdivision lots. The site plan shall show the pathways of utility service lines which will be put into place to convey energy to each lot of the subdivision. Necessary utilities to serve the site shall preferably be underground and in compliance with all local, state, and federal laws, rules, and regulations, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

(l)

Overhead lines shall follow access roads and/or existing tree lines to minimize visual impact upon surrounding properties.

(m)

All solar energy systems shall be designed and located in order to prevent reflective glare to the maximum extent practicable.

(n)

Signs. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted. In addition, "No Trespassing" or other warning signs may be posted. All signage shall be maintained in legible condition and contain accurate information. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No signage of any kind shall be allowed to be attached to solar panels or support structures, except any required safety warnings.

(o)

A solar energy system connected to the utility grid shall provide written proof from the local utility company acknowledging the solar energy facility will be interconnected to the utility grid.

(p)

A plan for the operation and maintenance of the solar energy facility shall be prepared including proposed covenants and restrictions and a management plan for the proposed homeowner's association (HOA).

(q)

A decommissioning plan, as detailed in § 220-J(5)(c) shall be prepared.

Safety standards applicable to all solar energy systems.

All solar collector installations must be performed by a qualified solar installer.

All solar energy systems shall be maintained in good working order.

All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties to the maximum extent practicable.

If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of applicable residential, building, fire and electric codes when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town of Gardiner and other applicable laws and regulations.

Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant.

For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

For nonresidential application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.

In the event any of the standards in this § 220-47H(7) for markings are more stringent than applicable provisions of applicable residential, building, fire, and electric codes, they shall be deemed to be guidelines only and the standards of the applicable residential, building, fire and electric codes shall apply.

Decommissioning requirements for small-scale solar energy systems and solar energy systems designed for subdivision use using freestanding or ground-mounted solar collectors. If a freestanding or ground-mounted solar collector(s) ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period. In the event that the property owner fails to remove the aforesaid nonfunctioning system within the time prescribed herein, the Town may enter upon the land where such system has been installed and remove same. All expenses incurred by the Town in connection with the removal of the nonfunctioning system shall be assessed against the land on which such freestanding or ground-mounted solar collector(s) is located and shall be levied and collected in the same manner as provided in Article 15 of the New York Town Law for the levy and collection of a special ad valorem levy.

Large-scale solar energy systems.

Approval standards for large-scale solar systems as a special use.

Large-scale solar energy systems are permitted in all zoning districts except the Shawngunk Ridge Protection District (SP-1, SP-2, and SP-3) upon issuance of a special use permit by the Town Board and site plan approval by the Planning Board. Said review shall be made in accordance with Article IX of this chapter and the additional requirements and specific standards set forth in Subsection J(1)(b).

Specific standards. The Town Board in reviewing a special use permit application for a large-scale solar energy system and the Planning Board in conducting the site plan review shall observe the following requirements and performance standards as part of its review:

The maximum lot size for a large-scale solar energy system is 20 acres. No large-scale solar energy system shall be permitted on a lot of more than 20 acres.

The maximum allowable lot coverages shall not exceed 50%.

A two-hundred-fifty-foot setback from Town roads and existing structures, other than structures located on the same property as the large-scale solar energy system, shall be required. A one-hundred-fifty-foot setback from all property lines shall also be required.

The Town Board shall have the discretion to deny an application for special use permit for a large-scale solar energy system that is proposed on land within 2,000 feet of an existing or approved large-scale solar energy system.

The average height of the solar panel arrays shall not exceed a height of 14 feet from the ground.

All on-site utility and transmissions lines shall, to the extent feasible, be placed underground.

[7]

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of the roadways constructed and soil compaction.

Additional requirements.

Wildlife management plan. The applicant shall provide a site-specific wildlife management plan as part of its application for special use permit for a large-scale solar energy system. The following is a suggested format for organizing a management plan into a three-ring binder. At a minimum, the plan should contain the six sections below. These sections can be marked in the binder with colored index tabs for easy access:

General description of the entire property: Includes a brief description of the entire property such as location in the county, number of acres, past and current land uses, general forest and vegetation conditions, and number of compartments.

Land use and management objectives: Includes a priority listing of wildlife and other land use and management objectives. This section should also include a brief index of each compartment's management objectives.

Sketch map: Provides a visual description (sketch) of the property. May include several maps such as: 1) a base map that shows boundaries, roads, and other man-made features; 2) a type map that differentiates cover types (timber stands, agricultural fields, and open fields); 3) a soils map that shows the location of different soil types; and 4) a compartment map that indicates where habitat improvement practices have or will take place.

Compartment record sheets: Contains descriptive information and wildlife habitat improvement recommendations for each compartment. Also includes a schedule of recommended management activities for the compartment for a ten-year period.

Field notes section: Provides a commentary of impacts of management activities and wildlife observations taken directly from log books and archived in the three-ringed binder. The most appropriate method for storing field notes is by compartment.

Resource materials Section: Contains copies of aerial photographs, topographic and soil maps used to draw the base map. This section should also include reference materials such as bulletins, leaflets, and articles on wildlife habitat management. The names, addresses, and telephone numbers of resource professionals who helped prepare the management plan and who will be conducting management practices should be included here.

Fencing and screening. Large-scale solar energy systems shall be enclosed by perimeter fencing with a minimum height of at least six feet to restrict unauthorized access. Fencing shall comply with the minimum setback requirements set forth in Subsection G(2)(c) above. Additional architectural features, earth berms, landscaping or other screening may also be required. All fencing and any additional architectural features, earth berms, landscaping or other screening that is required shall be in harmony with the neighborhood character and consistent with the findings and requirements of the site-specific wildlife management plan included as part of the application for special use permit for a large-scale solar energy system.

Contract in lieu of taxes. In the event an owner or developer of a large-scale solar energy system provides written notification pursuant to New York Real Property Tax Law § 487(9)(a) to any taxing jurisdiction of its intent to construct a large-scale solar energy system in the Town, the owner or developer shall also simultaneously provide a copy of such notification to the Town Clerk, Town Board and Town Planning Board. It is the intent of the Town of Gardiner to require a contract in lieu of taxes for all large-scale solar energy systems.

Construction and maintenance. Prior to the issuance of a building permit for a large-scale solar energy system and any associated accessory structures, the owner and/or operator shall post a surety in an amount and form acceptable to the Town for the purposes of construction and maintenance. The amount shall be up to 20% of the construction value. Acceptable forms shall include, in order of preference: cash; irrevocable letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee compliance with the conditions of the approval for the large-scale solar energy system. If the owner of the site fails to comply with any conditions of the approval during construction or as part of the long-term maintenance of the site, all costs of the Town incurred to ensure compliance with conditions of the approval shall be paid using the surety provided by the owner and/or operator. Failure to comply with the conditions of the approval or to maintain an acceptable level of surety will result in revocation of the certificate of occupancy.

Decommissioning.

Prior to removal of a large-scale solar energy system, a demolition permit for removal activities shall be obtained from the Town of Gardiner.

Decommissioning bond.

Prior to issuance of a building permit for a large-scale solar energy system, the owner or operator of the solar energy system shall post a surety in an amount and form acceptable to the Town for the purposes of removal in the event the large-scale solar energy system is abandoned during construction. The amount of the surety required under this section shall be up to 20% of the total construction cost. Acceptable forms shall include, in order of preference: cash; irrevocabable letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee removal of the large-scale solar energy system should the system be abandoned during construction. In such case, the Town Building Inspector shall then provide written notice to the owner or operator to remove the large-scale solar energy system, and the owner or operator shall have one year from written notice to remove the solar energy system including any associated accessory structures and/or equipment, and restore the site to a condition approved by the Planning Board. If the owner, operator, applicant or lessee fails to remove any associated structures or restore the site to the condition approved by the Board, all costs of the Town incurred to enforce or comply with this condition shall be paid using the surety provided by the applicant.

As a condition of the certificate of occupancy, the owner or operator of the large-scale solar energy system shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated decommissioning cost to ensure removal of the facility in accordance with the decommissioning plan as described below. Such surety will be used to guarantee removal of the large-scale solar energy system should the system be abandoned after construction is complete. The form and amount of the guarantee must be reviewed and approved by the Town Attorney and Town Engineer, and the guarantee must remain in effect until the system is removed.

Decommissioning plan. An application for a large-scale solar energy system shall include a decommissioning plan. Removal of a large-scale solar energy system must be completed in accordance with the decommissioning plan. The decommissioning plan shall:

Specify that after the large-scale solar energy system will no longer be used, it shall be removed by the owner or any subsequent owner and shall include a signed statement from the applicant acknowledging such responsibility.

Demonstrate how the removal of all infrastructures (including but not limited to aboveground and below-ground equipment, structures and foundations) and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. Revegetation shall include native plants and seed mixes and exclude any invasive species.

Include photographs or archival color images of the property proposed for the large-scale solar energy system. Such images must, in aggregate, adequately portray the entire property for the purpose of future reference when soil and vegetation remediation of the property occurs.

State that disposal of all solid and hazardous waste shall be in accordance with local, state and federal waste disposal regulations.

Provide an expected timeline for decommissioning within the one-hundred-day period set forth below in Subsection J(6)(b).

Provide a cost estimate detailing the projected cost of executing the decommissioning plan.

Abandonment and removal.

A large-scale solar energy system is considered abandoned after one year of not performing all normal functions associated with electrical energy generation on a continuous basis.

Upon cessation of activity of a fully constructed large-scale solar energy system for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity, or implement the decommissioning plan.

In the event that construction of the large-scale solar energy system has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fail to perform, the Town may require the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town to implement the decommissioning plan.

Applications for extensions of the time periods set forth in this subsection of no greater than 180 days shall be reviewed by the Town Board.

Upon recommendation of the Building Inspector, the Town Board may waive or defer the requirement that a large-scale solar energy system be removed if it determines that retention of such facility is in the best interest of the Town.

If the owner and/or operator fails to fully implement the decommissioning plan within the prescribed time period and restore the site as required, the Town may use the financial surety posted by the owner and/or operator to decommission the site, or it may proceed with decommissioning at its own expense and recover all expenses incurred for such activities from the defaulted owner and/or operator. Any costs incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.

Escrow deposits for review and inspection costs. An applicant may be required to deposit an initial sum of money into an escrow account in advance of the review of an application for a permit or approval to construct a solar energy system. The sums deposited in said escrow account shall be used and administered in accordance with § 220-58A through I of this chapter.

Enforcement. Any violation of this solar energy section shall be subject to the same civil and criminal penalties provided for in the zoning regulations of Town of Gardiner, including but not limited to the issuance of appearance tickets and imposition of civil penalties by the Town Code Enforcement Officer.

§ 220-48 Adult uses.

The Town of Gardiner finds that adult uses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the CLI District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:

No adult use shall be located within 1,000 feet of any single-family, two-family, or multifamily residence, or of any school, day-care center, library, religious institution, park or other public recreation area, or recreational business.

No adult use shall be located within 1,000 feet of any other adult use.

No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.

Adult uses shall be set back at least 200 feet from all public rights-of-way and shall be screened from view by a buffer at least 50 feet wide consisting of trees and shrubs.

§ 220-49 Keeping of animals; kennels.

Maintenance of livestock on residential properties. Animals kept on residential properties, not as part of a farm operation as defined in this chapter, shall be limited as follows:

The amount land required for keeping large animals shall be one acre, allocated to the residence, plus one acre per "large livestock unit" (LLU). One cow, horse, bison, pig, or similar large animal shall be considered one LLU. The following shall be considered as fractional LLUs:

Deer, llama, alpaca: 1/2 LLU.

Sheep, emu, ostrich: 1/4 LLU.

Goat: 1/6 LLU.

Other large animals: as determined appropriate by the Building Inspector.

The maintenance of small animals, such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., shall not exceed 10 on a lot of less than two acres. Pens for such animals shall not exceed 5,000 square feet or 10% of the lot area, whichever is greater. These requirements may be modified by the Planning Board by special permit as provided below.

The Planning Board may issue a special permit for maintenance of animals in greater numbers or larger pens than the maximum set forth above, provided that the applicant meets all conditions and satisfies applicable special permit criteria, that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available and will be established, and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.

Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.

In maintaining animals on a property, no person shall knowingly interfere with the reasonable use and enjoyment of the property of others.

Kennels.

Kennels, as defined in Chapter 80 of the Town Code, shall comply with all provisions of Chapter 80.

§ 220-50 Solid waste facilities and industrial uses.

No provisions of this section shall prohibit or regulate the keeping of dogs as household pets in compliance with Chapter 80 of the Town Code.

Limitations on solid waste management facilities. Solid waste management facilities, as defined in Environmental Conservation Law § 27-0701 and 6 NYCRR 3601.2(b)(158), with the sole exception of municipally owned and operated facilities, shall be prohibited in the Town of Gardiner.

Standards and enforcement. All industrial uses and municipal solid waste management facilities shall satisfy the following requirements. Nonconforming solid waste management facilities shall comply with these standards to the extent practicable.

All operations, including loading and unloading, shall occur within fully enclosed buildings with an impervious floor system. Any leachate shall be collected in an impervious collection system and hauled off-site for disposal as required by applicable laws. There shall be no outdoor storage of hazardous materials or of materials regulated under 6 NYCRR Part 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.

No materials shall be disposed of into the ground, air, or into any watercourse, except pursuant to applicable permits and approvals issued by state and county health and environmental agencies.

Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.

The operation shall comply with all applicable provisions of this chapter, including the environmental performance standards in § 220-40 and the aquifer protection provisions in § 220-15.

The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Gardiner compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guarantee shall be based upon the potential cost of remediation in case of a violation.

In addition to the requirements of Subsection B(5) above, the applicant may be required to pay annually into an environmental inspection fund to enable the Town to monitor the facility's performance and compliance with applicable standards using qualified technical experts.

§ 220-51 Outdoor storage.

Junkyards. See Chapter 136 of the Code of the Town of Gardiner for provisions on junkyards.

Outdoor storage of personal property.

Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards except where environmentally suitable and economically practical access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the CLI District, except that storage on properties in the CLI District shall be screened from abutting residential properties.

Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 12,000 pounds gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. The Planning Board may allow larger vehicles by special permit. This provision shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from property lines of adjacent landowners who are not related by family or business affiliation to the owner or operator of the farm operation.

§ 220-52 Residential care facilities.

In addition to generally applicable special permit and site plan review requirements, the applicant shall comply with the following:

Supervision. Every residential care facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall meet all standards of any agency responsible for the licensing or regulation of the residential care facility.

Other required approvals. An applicant for a residential care facility shall demonstrate compliance with all applicable regulations, standards, and licensing requirements of public or private agencies.

Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:

A list of all agencies which must license or otherwise approve the establishment of operation of the facility.

A list of regulations established by the public or private agencies listed in Subsection C(1) above.

Copies of applications submitted to the agencies.

A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.

A written statement addressing the requirements of Subsection A above and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.

A map identifying the location of all other residential care facilities in the Town of Gardiner at the time of the special permit application.

Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 220-63, make the following specific findings:

That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.

That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.

That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.

That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Gardiner or in the neighborhood of the proposed facility.