Town of Wawarsing, NY Article VI Special Use Permit Procedures and Standards

§ 112-40 Special use permit procedures.

A. Approval of special use permits. The Town Board of the Town of Wawarsing authorizes the Planning Board to review special use permit applications as set forth in this chapter. No special use listed in this chapter may be permitted, enlarged or altered unless approved by the Planning Board. These special use procedures, objectives and standards shall apply to all special uses set forth in thisg chapter, whether set forth in this Article VI or elsewhere herein.

B. Objectives. On application and after public notice and hearing, the Planning Board may by resolution approve, disapprove, or approve with modifications and/or conditions the issuance of a special use permit exclusively for uses that requires a permit under this chapter. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety, morals and welfare and shall assure itself of the following, and may waive a standard below where it is determined not to be relevant or applicable to the particular special use permit application, and not requisite to promote the public health, safety and welfare of the Town:

(1) That there shall not be any detrimental effect by the establishment of such use on other uses within the district and that the use is compatible with the district intent as described in the Town of Wawarsing Comprehensive Plan, as may be amended from time to time.

(2) That such use will be in harmony with the orderly development of the district and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.

(3) That the use meets the prescribed requirements for the district in which located and the following prescribed provisions. As a condition of all special use permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.

(4) The proposed use shall be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties. The Planning Board shall determine that the proposed use meets the intent of this chapter and the intent of the zoning district in which the use is proposed. The Planning Board may require a reduction in the size, intensity or density of the use to ensure the standards set forth herein are met. In this regard, the Board may consider, without limitation, lighting, noise, outdoor storage, visual character, site design, and architectural character. The Planning Board may require the submission and approval of a photometric plan, noise impact analysis, visual impact analysis, floor plans and building elevations to make this determination.

(5) The location and size of such use, the nature and the intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous. The Planning Board may specifically require the submission of a traffic impact analysis to make such determination.

(6) Roadway improvements which are necessary and/or proposed to mitigate project related traffic impacts shall be such that they do not negatively impact the character of the neighborhood in which they are located.

(7) Traffic access shall be designed so that local roadways through residential neighborhoods are not impacted by the diversion of traffic from more congested main roadways as a result of the proposed access design and the additional traffic volume generated by the proposed special permit use, including trips generated during off-peak nighttime and/or weekend hours.

(8) Traffic flow to and from the site and the operation of street intersections at peak weekday, weekend and appropriate seasonal traffic hours in the vicinity of the site, taking into consideration any proposed or required street improvements, shall be such that the use shall not create nor increase any vehicular or pedestrian safety hazard or decrease the level of service at any such street intersection.

(9) Proposed off-street parking and loading facilities shall be of adequate size for the particular use, properly and safely located and designed, and suitably/screened from adjoining residential and other uses, and the entrance and exit drive(s) shall be designed to achieve maximum convenience and safety.

(10) The location and height of the buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings. The Planning Board may specifically require submission of a landscape plan to make such determination.

(11) The proposed use will not require such additional public facilities or services or create fiscal burdens upon the Town greater than those which characterize uses permitted by right and will not require such facilities or services that are greater than current or anticipated levels. The Planning Board may consider, if and as applicable, whether the proposed use will provide economic benefits to the Town and its residents and, at the same time, will avoid adverse economic impacts to other existing uses. The Planning Board may require a fiscal impact analysis to make such determinations.

(12) The physical characteristics of the site, including its soils, vegetation, topography, wetlands and other environmental features and physical characteristics, shall be such that the land will be suitable and conducive to the orderly, safe and appropriate development of the proposed use, including its proposed design and location on the site, its proper buffering from surrounding properties and land uses, and the protection provided for environmental features, including wetlands, steep slopes, and important vegetation, including mature woodlands and specimen trees. The Planning Board may require submission of wetland surveys and reports, and ecological studies to make this determination.

(13) The proposed use, including its design and location on the site, will not create a hazard to life, limb or property because of fire, flood, erosion or panic, or by its inaccessibility for the safe and convenient entry and operation of fire and other emergency apparatus, or by the overcrowding of land or undue concentration or assemblage of persons within such or upon such property.

(14) The proposed use, including its design and location on the site, will be compatible with the protection of groundwater resources. The Planning Board may require submission of a hydrologic study or other report to ensure this standard is met.

(15) Facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that will be generated by the proposed use will be adequate for such purpose. The Planning Board may require submission of a wastewater study to ensure this standard is met.

(16) The operation of the proposed use shall not overburden or otherwise interfere with the orderly enjoyment of neighboring parks, recreational facilities, or other public facilities.

(17) The safety, health, welfare, comfort, convenience, and order of the Town will not be adversely affected by the proposed special permit use and its proposed location on the site.

(18) In addition to the general standards for conditional uses and special use permits as set forth above, the Planning Board may condition its approval as necessary and appropriate to promote the public health, safety, and welfare and to otherwise implement the intent of this chapter.

C. Waiver of standards. The Planning Board, when reasonable, may waive any requirement for the approval, approval with modifications and/or conditions or disapproval of special use permits except where said waiver is specifically not authorized herein. Any such waiver of the standards may be exercised in the event they are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the Board based upon findings required herein.

D. Area variance. Where a proposed special use contains one or more features which do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to this chapter, without the necessity of a decision or determination of the Code Enforcement Officer charged with the enforcement of this chapter.

E. Site plan approval. Any application for a special use permit shall require site plan approval by the Planning Board in accordance with the site plan regulations contained in this chapter. The Planning Board shall deem that a special use permit application is complete prior to the conduct of a public hearing on the application. Whenever possible, a hearing on a special use permit should be held concurrently with any hearing held on the site plan.

F. Public hearing. The Planning Board shall conduct a public hearing within 62 days from the date a complete special use permit application is received. Public notice of the hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.

G. Notice to the applicant and the Ulster County Planning Department. At least 10 days before the public hearing, the Planning Board shall mail notices thereof to the applicant and to the Ulster County Planning Department, as required by § 239-m of the New York State General Municipal Law, which shall be accompanied by a full statement of the matter under consideration, as defined therein.

H. Decision. The Planning Board shall decide upon the application within 62 days following the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

I. Filing. The decision of the Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

J. Existing violation. No special use permit shall be issued for a property known to be in violation of this chapter unless the granting of a special use permit and site plan approval will result in the correction of said violation.

K. Deemed to be a conforming use. Any use for which a special use permit has been granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require reapproval and amendment of the special use permit by the Planning Board in accordance with the special use permit application and approval procedures contained herein. For purposes of this section, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.

L. Expiration of special use permit; extension of special use permit for good cause.

(1) Expiration. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason plus whatever time extension has been granted by the Planning Board. The Planning Board may, in its discretion, extend the time frame within which a special use may be reestablished, for up to four extensions of up to six months for good cause, as determined solely by the Planning Board. Notwithstanding any extensions granted by the Planning Board, when the operation has ceased to operate, the special use shall also be deemed to have expired.

(2) Extension of approval. A special use permit shall be deemed to have expired if construction is not commenced and completed within 18 months from the date of approval. The Planning Board may, in its discretion, extend the approval for up to four extensions of up to six months for good cause, as determined solely by the Planning Board. Where the approval has expired, the special use shall also be deemed to have expired.

M. Inspections. In connection with the issuance of a special use permit, the Planning Board may provide for inspections to be conducted by the Code Enforcement Officer to ensure continued compliance with this chapter and any conditions of the special use permit.

N. Renewal. The Planning Board may require that a special use permit be renewed periodically as a condition of special use permit approval. Sixty days prior to the expiration of a special use permit, the applicant shall apply to the Code Enforcement Officer for renewal of the special use permit. The Code Enforcement Officer shall inspect the premises to verify that the conditions of the permit have been met within 15 days following a request for renewal. Upon a finding that there are no violations or noncompliance of the conditions of the special use permit, the Code Enforcement Officer shall so advise the Planning Board and the special use permit shall be renewed by the Planning Board for a time period to be set at its next regular meeting. However, where the Code Enforcement Officer finds that the applicant is not in compliance with the special use permit or that violations exist, then such renewal shall require Board approval and may be granted only following a public hearing. Renewal may be withheld upon a determination by the Planning Board that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

O. SEQRA. In its review and decisionmaking, the Planning Board shall comply with the regulations implementing the New York State Environmental Quality Review Act.

P. Fees. An application fee shall accompany the special use permit application in an amount established in the fee schedule duly adopted by the Wawarsing Town Board.

Q. Individual standards for special uses. In addition to the general objectives set forth above, the following requirements shall apply to special uses and shall supersede any conflicting requirement of this chapter. Unless regulated and superseded by the individual standards set forth herein, special uses shall meet all other regulations established in this chapter unless superseded by any standards set forth below in this section.

R. Phasing. The Planning Board, during special use permit review of an application which is proposed to be phased, shall determine whether the special use shall be granted at the initial time of approval, or whether an applicant shall return for approval of an extension of the special use permit to other areas of the site as part of a phased plan. The special use shall not apply to any improvements or development which has not received prior site plan approval by the Planning Board or which has not been approved as part of a phased plan.

§ 112-41 Individual special use standards.

A. Agrihood.

(1) Agrihood uses. Agrihood uses are allowed in association with a conservation subdivision to render the development an agrihood. The agrihood uses shall not consist of more than 15% of the gross acreage of the site. Uses allowed in an agrihood shall include:

(a) Farm-to-table restaurant.

(b) Winery, brewery or distillery.

(c) Any other agricultural related use deemed appropriate by the Planning Board and not otherwise prohibited by this chapter.

(2) Open space. Produce shall be grown within the open space area associated with the conservation subdivision to which the agrihood uses are associated and part of. The amount of open space area dedicated to agricultural production shall be at least 50% of the open space area.

(3) Agrihood uses. Should any of the uses be vacated, any building or lot shall not be reused except for a use otherwise allowed in the applicable zoning district.

(4) No building associated with an agrihood use shall be greater than 5,000 square feet, unless the Planning Board waives this requirement based on the specific nature of the agrihood use. The Planning Board shall ensure that all agrihood uses have sufficient water supply, wastewater and stormwater infrastructure, parking, and any other infrastructure necessary to serve the uses. Minimum lot and yard requirements for the agrihood uses shall be established by the Planning Board during special use permit review.

(5) The Planning Board, in its discretion, may limit the agricultural operations activities in the open space area of the conservation subdivision based on the residential uses in the conservation subdivision and adjoining residential uses, or require that they be located on the site in a manner where they are not detrimental to on-site and adjoining residential uses. Nothing herein shall limit agricultural operations where the open space area within the conservation subdivision is located in a New-York-State-designated agricultural district.

(6) Where required, proposed uses shall apply for and obtain a special event permit for activities subject to same.

B. Bed-and-breakfast establishments.

(1) There shall be a maximum of two nonresident employees at the bed-and-breakfast establishment, except that in the BH and MU Districts the Planning Board may permit additional nonresident employees.

(2) Off-street parking accessory to this use shall not be located in front or side yards which abut a street except in the BH and MU Districts. In all cases, off-street parking accessory to this use shall be screened from adjacent residential properties.

(3) Except in the BH and MU Districts, a maximum of one sign shall be permitted for this use and this sign shall not exceed two square feet in area. In the BH and MU Districts, the signage shall comply with § 112-18 of this chapter.

(4) Except in the BH and MU Districts, the outward appearance of the use shall be that of a single-family home; there shall be no indication of the bed-and-breakfast establishment from the exterior of the building except for the sign. A separate entrance into the building for the bed-and-breakfast establishment shall not be permitted.

(5) Except in the BH and MU Districts, food and beverage shall only be provided to registered guests of the bed-and-breakfast establishment.

(6) The lodging provided shall be for periods of less than two weeks in duration.

(7) The maximum number of guest rooms at a bed-and-breakfast establishment shall be four, except that the Planning Board may, in its discretion, allow additional guest rooms up to a maximum of eight, where the Board determines that the size and shape of the lot on which the establishment is proposed can accommodate the additional patrons and parking.

C. Bus storage facilities.

(1) Such facilities shall include appropriate site enclosure and screening requirements as established by the Planning Board.

(2) All buses being stored or parked shall be licensed and in operating condition.

(3) All buses shall be maintained in such a manner as to minimize emissions of odor, dust, smoke, gas, noise and vibrations.

D. Camp, day.

(1) Site capacity. The minimum lot area shall be 25 acres, plus 3,000 square feet of net lot area per person exclusive of the 25 acres, based on the maximum occupancy to be established in conjunction with the special use permit, except that no camp shall exceed a total capacity of 400 attendees/staff. Taking into consideration the adequacy of potable water, wastewater disposal facilities, traffic circulation and emergency access, Uniform Fire Prevention and Building Code compliance, and other criteria that address public health, safety, and welfare of residents and campers, the Planning Board may place limits on the overall number of cabins, dwellings, or campers in order to accommodate the use and avoid adverse impacts on the environment, the C-O Zoning District, and the Town. No camping trailer or recreational vehicle of any size is allowed in a camp.

(2) Frontage. The camp shall have a minimum frontage of 200 feet on a county or state road.

(3) Layout. Camp facilities shall be designed so as to be consistent with the character of the surrounding neighboring residents and their places of residence.

(4) No recreational vehicle or tent campsites, or any other transient or overnight camping accommodations, shall be offered to noncampers.

(5) Operation plan. The applicant for a sleepaway camp shall submit annually a copy of a camp safety plan as required by Title 10, Subpart 7-2, Children's Camps, of the New York State Public Health Law, concurrent with its required submission to the New York State Department of Health district office for Ulster County.

(6) No building, tent, activity, parking area, or recreation facility shall be located closer than 250 feet from any lot line and said activities shall be effectively screened as required by the Board to minimize noise and visual impact to the greatest extent practicable on adjacent properties.

(7) Adequate evidence shall be furnished by the applicant demonstrating that noise levels will not disturb nearby residential properties. Such evidence must take into account the nature of the activity, the general demeanor of the participants, the frequency of the activity and the time and day of the proposed activity. Public address systems are prohibited.

(8) Sanitary and wastewater disposal systems shall be approved by the New York State Department of Health. Enclosed flush toilets shall be required. No camp shall operate without a valid permit from the Ulster County Department of Health to operate a camp.

(9) Centralized solid waste receptacles shall be required with mandatory fencing and screening of at least six feet in height. Waste in these receptacles shall be collected regularly to avoid odor, health hazards and litter. At the discretion of the Planning Board and based on the size and operation of the camp, the Planning Board may require a trash compactor. On-site storage of refuse longer than seven days, and the burial of any refuse or debris is prohibited.

(10) Adequate emergency access shall be required throughout the camp site. The Planning Board shall ensure that suitable surfaces are provided for internal driveways to ensure emergency equipment can access all occupied areas of the site. The camp shall be designed with two separate points of ingress and egress. All internal drives shall consist of a dustless surface, and the Planning Board may require that they be paved to accommodate emergency vehicles. Dropoff areas for buses and vehicles shall be no less than 100 feet from the road giving access to the site, and shall be located no closer than 250 feet to any property line. There shall be safe and adequate management of vehicular and pedestrian traffic entering and exiting the site, as well as within the site, including particular safeguards covering episodic periods of dropoff and pickup of children and/or visitors. Buses shall be boarded and off-boarded within the site and adequate space shall be provided.

(11) No parking, loading or maneuvering incidental to parking shall be permitted in connection with the use of any camp on any public street, sidewalk, required buffer, right-of-way or any public grounds not part of the camp. Each camp shall be provided with adequate off-street parking, loading and shall be responsible for violations of these requirements.

(12) Accessory structures including, but not limited to, laundry rooms, recreation rooms, cafeteria, accessory religious space for worship that are ancillary to the operation of the campground are permitted.

(13) Fireplaces and campfires. All fires in any camp shall be in a designated approved location with at least a stone or other fireproof enclosure demarcating the usable area from which all vegetative growth or other flammable material which might contribute to the accidental spread of the fire shall be removed. A camp shall adhere to all outdoor burn bans issued by any local, county, or state agency.

(14) Landscaping shall be required along those areas within the camp which front upon or are visible from existing public roadways so as to substantially screen the camp from public view at all seasons of the year. A buffer with a width of no less than 75 feet around the perimeter of the camp property lines and road frontage shall be provided and it shall provide complete and opaque screening from adjoining properties during all times of the year. Said seventy-five-foot buffer may be encroached upon only by the two ingress/egress drives.

(15) Resident manager. One dwelling for a resident manager may be occupied year round and shall be permitted accessory to a day camp.

(16) NYS Building Code. The camp shall comply with the requirements of the NYS Uniform Fire Prevention and Building Code. Where the provisions in this chapter are more stringent, this chapter shall apply. The Code Enforcement Officer may conduct periodic inspections to ensure such requirements are met.

(17) Management. Every camp shall maintain with the Town the contact information for the person in charge of the camp, including a phone number(s) for contact in the event of an emergency, or otherwise, at all times.

(18) Lighting. Any lighting shall be dark sky compliant.

(19) Public address system. A public address system is not permitted, unless approved by the Planning Board, and any such system approved by the Planning Board shall not be audible beyond any property line of the camp. If at any time the system is audible beyond the property line, the Code Enforcement Officer shall require it be removed.

(20) Identification sign. A sign shall be permitted in accordance with the sign regulations of this chapter. For safety purposes, an identification sign shall be provided along the public road to which the camp fronts.

(21) Visitation/events. The camp may exceed the camp capacity on visitation and event days. The Planning Board shall review and set limits on the number of events and timeframes for the events/visitation days, which shall take into consideration the need for parking, demand for potable water and wastewater generation, and similar factors.

(22) Architectural review. The color, design, and materials of all buildings shall be subject to review and approval by the Planning Board. The Planning Board may require sample materials, elevation and renderings to be submitted. A camp shall be designed using earthtone colors to fit into the landscape.

(23) Landscaping. The Planning Board may require a landscaping plan.

(24) Duration and renewal of special use permit for all camps. Each special use permit granted for a camp or for the expansion of any camp shall expire on December 31 in the third calendar year from (and including) the year of issuance if the special use permit was approved in the period between January 1 and June 30. If the permit was approved in the period from July 1 to December 31, the permit shall expire on December 31 of the fourth calendar year from (and including) the year of issuance. No more than 60 days prior to the submission of an application for a renewal, the applicant shall be required to schedule and have completed an inspection of the subject property by the Code Enforcement Officer, and such inspection shall be the responsibility of the applicant to schedule. Said inspection shall include a compliance review of the special use permit criteria and any conditions that were the subject of the permit when it was previously issued. Such renewal shall be granted following due public notice and hearing and may be withheld only upon determination by the Code Enforcement Officer to the effect that such conditions prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to revocation of said permit.

E. Camp, overnight.

(1) An overnight camp shall adhere to all requirements for day camps.

(2) No two buildings intended for use as sleeping quarters shall be closer than 50 feet from each other, or the height of the taller building adjoining one another, whichever is greater. Cabins or other sleeping quarters shall maintain a separation distance to other cabins of no less than 10 feet and shall be a minimum of 1,250 square feet in size.

(3) Cabins or sleeping quarters provided in conjunction with an overnight camp shall be limited to a maximum of 10 persons each for campers and staff beds, with no permanent family occupancy in the overnight camp, except for one resident manager dwelling unit as per the below. All cabins and sleeping quarters shall be constructed in accordance with New York State Building Code requirements for permanent structures and shall, for purposes of regulating density and intensity of use, shall provide a minimum of 125 square feet of floor area per occupant. Basement areas shall not be used for sleeping areas or included in the 125 square feet of floor area per occupant calculation.

(4) Resident manager quarters. Living quarters for any resident manager(s) and/or property owner(s) who live separately from campers or counselors who sleep in dormitories, cabins, bunkhouses or other such group quarters without cooking facilities shall be provided within a permanent structure, meeting the requirements of the New York State Uniform Fire Prevention and Building Code. Such living quarters apart from camper and counselor staff beds in group quarters shall contain its own cooking facilities and shall be treated as a dwelling unit for the purposes of this chapter. The minimum lot area required for a dwelling unit in the district in which the camp is located shall be required to be provided for each such unit of resident manager or property owner living quarters. The required minimum lot area(s) for the living quarter unit(s) for resident manager(s) or property owner(s) shall be subtracted from the gross lot area before calculating the maximum number of camper or staff beds in group quarters permitted at the overnight camp. The resident manager shall be on the premises on a regular basis, as determined by the Code Enforcement Officer (CEO), to guard against vandalism during the off-season.

F. Camp, summer.

(1) An overnight camp shall adhere to all requirements for day camps and overnight camps.

(2) Sleeping quarters for families and households shall be considered single-family dwelling units and shall be allowed at a density of one dwelling unit per the minimum net lot area of the underlying base zoning district, after having subtracted out the minimum area required for the camp, based on the occupancy standards for day camps and overnight camps. The dwelling units shall be laid out so as to have a rural naturalistic appearance and shall not be laid out in a grid. Dwelling units shall be separated no less than 75 feet from one another.

(3) Nothing herein shall permit individual ownership of the dwelling units, e.g., condominium association.

(4) The Planning Board shall require a landscaping plan for that area designed with sleeping quarters for families and households.

G. Campground and recreational vehicle parks.

(1) Licenses and fees.

(a) No person, partnership, association, limited liability or other company or corporation, being the owner, user, operator or occupant of any land within the Town of Wawarsing, shall use or allow the use of such land for a campground or RV park or any other form of camping regulated herein, unless a license has been obtained as herein provided.

(b) The Town Code Enforcement Officer of the Town of Wawarsing shall issue a license after approval of the application by the Town Planning Board pursuant to special use procedures. Such application shall also be subject to site plan review. Said license shall be effective from the date of issuance until surrendered by the licensee or revoked by the Code Enforcement Officer.

(c) No license shall be issued until the Code Enforcement Officer has received a written application from the applicant, the required fee as herein provided and approval of the application, plans and specifications by the Ulster County Department of Health.

(d) All licenses issued hereunder shall be valid until March 31 of the following year. No later than January 1 of each year, applicants shall request or apply for renewal of such licenses. The Town Code Enforcement Officer shall inspect the premises to ensure continued compliance with this section. A finding of such compliance shall entitle the applicant to an automatic renewal subject only to such fees as may be required. However, the Town Planning Board shall, subject to a public hearing, approve, disapprove or approve with modifications any renewal that involves proposed changes in the facilities or major changes in the operations connected with the RV park or campground.

(e) Any person holding a license for a campground or RV park who desires to add additional lots or spaces to such park shall file an application for a supplemental license. The application for such supplemental license must be accompanied by 10 sets of plans and specifications and shall be filed and processed as provided herein for new campgrounds or parks.

(f) Each application for a new or supplemental campground or RV park license shall be in writing and signed by the applicant. The Code Enforcement Officer shall promptly transmit copies of the application and plans to the Town Planning Board, which shall review the application pursuant to the special use and site plan review requirements herein. The Code Enforcement Officer, within 30 days of the filing of the Planning Board's action with respect to special use and site plan review, shall issue the license. Each license application shall be accompanied by site plans and other data as shall be required herein for special use and site plan review applications.

(g) The applicant, for any new license or transfer, shall pay the Town a fee as shall be established and modified from time to time by resolution of the Town Board.

(2) Design standards and general requirements.

(a) A campground or RV park shall have a gross area of at least 15 contiguous acres of land in single ownership or under unified control.

(b) RV park or campground lots shall meet the following standards for lot area, lot width and density:

Campground/RV Park Standards
	Transient Campgrounds/RV Parks	Nontransient Campground/Standard RV Parks
Minimum campground lot area	1,500 square feet	3,000 square feet
Minimum camp ground lot width	30 feet	50 feet
Maximum density*	8.0	8.0

NOTES:
*	Number of campground lots per acre of campground after deducting those areas set forth in § 110-12F.

(c) Individual campground or RV park lots shall be separated from service building structures by a minimum distance of 50 feet. Also, notwithstanding other requirements, no recreational vehicle or tent platforms shall be located closer than 50 feet to the street right-of-way or any adjacent property line.

(d) No less than one off-street parking space shall be provided on each lot, in addition to the site area provided on each lot for placement of the recreational vehicle or tent.

(e) All campgrounds and RV park streets shall be cleared, graded and improved to a twelve-foot-width for one-way traffic and twenty-foot-width for two-way traffic. Such streets shall be improved to a year-round passable condition and include periodic speed bumps on each major tangent section to reduce speed.

(f) No individual on-site sewerage or water supply shall be permitted, and all community systems for the common use of campground occupants shall fully comply, as evidenced by approved plans, with standards imposed by the Ulster County Department of Health and the Town of Wawarsing.

(g) A campground or RV park shall possess a minimum of 200 feet of frontage on a state, county or Town highway.

(h) No less than 20% of the gross site area of the campground or RV park shall be set aside and developed as common use areas for open and enclosed recreational facilities. No recreational vehicle site, required buffer strip, street right-of-way, cartway, storage area or utility site shall be counted as meeting this requirement.

(i) Entrances and exits to campgrounds or RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits, which shall be limited to a maximum of two each, except where safety demands and the Planning Board has approved the same. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and the radii of curbs and pavements at intersections shall be such as to facilitate easy turning movement for vehicles with a trailer attached. No intersection of an entrance and/or exit with a state, county or Town highway shall be located where less than 500 feet of sight distance exists in either direction along the state, county or Town highway, nor shall such intersection be located within 150 feet of any other intersection.

(j) No parking, loading, or maneuvering incidental to parking or loading shall be permitted in connection with the use of any campground or RV park on any public street, sidewalk, required buffer, right-of-way or any public grounds, nor any private grounds not part of the campground or RV park unless the owner has given written permission for such use. Each campground or RV park operator shall provide off-street parking, loading and shall be responsible for violations of these requirements.

(k) Campground or RV park lots shall be used only for camping purposes, except for a minimum of three lots used for staff or similar special circumstances. No improvement or living unit designed for permanent occupancy shall be erected or placed on any campground or RV park lot. All recreational vehicles in the development shall be maintained in a transportable condition at all times, except for temporary removal of a hitch, and meet all requirements that may be imposed by the State of New York. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is hereby prohibited. Camping space in a nontransient campground or RV park shall be rented by the day, week or season or may be leased or purchased. No campground or RV park lot, except as provided above, shall be the primary and principal residence of the occupant, each campground or RV park lot to be used and occupied (excepting for occasional guests) for camping and recreational purposes only by a single household.

(l) The management of every campground or RV park shall be responsible for maintaining accurate records concerning the occupancy of all campground or RV park lots. The term "management" shall include associations of property owners when such are responsible for maintenance and operation of common facilities. The Town Code Enforcement Officer shall have access to, and the right to inspect, records for evidence of permanent residency or lack thereof. The Town Board and/or Code Enforcement Officer shall, in addition, have the authority, when any provision of this chapter is violated, to prohibit the occupancy of any and all campground or RV park lots in a recreational development until the owners and/or management provide evidence of compliance with these provisions.

(m) No owner or occupant of any campground or RV park lot or within such campground or RV park lot shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any campground or RV park lot or elsewhere within the development, except in places designated therefor. No outside toilets shall be erected or maintained on any campground or RV park lot. Plumbing fixtures within any recreational vehicles placed upon lots in the campground or RV park shall be connected to the sewage disposal system for the development. Sanitary facilities, including toilets, urinals and showers, shall be provided in separate buildings located not less than 100 feet nor more than 500 feet from each campground or RV park lot.

(n) All property lines within the development shall be kept free and open; and no fences, except as may be required for screening or as may exist naturally, ledges or walls shall be permitted thereon. This shall not, however, preclude the erection of fences around the perimeter of the development.

(o) No noxious or offensive activities or nuisances shall be permitted on any campground or RV park lot or anywhere within such developments. Such nuisances shall include, but not be limited to, noise which exceeds the limitations set forth herein; uncontrolled fires or repeated burning (except for campfires) which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the development; and any other activity that would exceed the limitations of the Town of Wawarsing Code. Responsibility for meeting such requirements shall extend in all circumstances to individual occupants of campground or RV park lots as well as owners and operators.

(p) No animals shall be kept or maintained on any campground or RV park lot, except the usual household pets (cats, dogs and the like). Pets shall be kept confined so as not to become a nuisance.

(q) No person shall burn trash, garbage or other like refuse on any campground or RV park lot. All such refuse shall be placed and kept in airtight receptacles for the same, which shall be provided by the owners of the campground or RV park lots. No owner or occupant shall permit the accumulation of litter or refuse or junk vehicles on a campground or RV park lot.

(r) Notwithstanding any provisions herein contained to the contrary, picnic tables, benches, storage sheds, fireboxes or fireplaces and similar items of personal property may be placed on a campground or RV park lot. All personal property on a campground or RV park lot shall be maintained in good condition so as not to become unsightly.

(s) No recreation vehicle shall be parked on any street or roadway within the development.

(t) Potable water drinking supplies shall be provided within 300 feet of each campground or RV park lot and be operational during any period of occupancy.

(u) Every campsite shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access.

(v) If the use of all-terrain vehicles or other similar sports equipment (including dirt bikes) is permitted within the campground or RV park, such activity shall be strictly limited to designated internal roads or other controlled designated areas within the campground or RV park and further limited to such time periods as will conform with the noise requirements herein. Campground or RV park management as well as individual campground lot owners/users shall be responsible for enforcing these limitations and be subject to the penalties provided herein if they do not and a nuisance situation is created for adjoining landowners.

(w) The operational standards contained in this section shall be incorporated in the management plan and restrictions for any transient campgrounds or RV parks, which restrictions and/or plan shall be approved by the Planning Board in its review of site development plans for the campground or RV park. A plan or set of restrictions that does not adequately provide for conformance with this section shall not be approved. The plan and/or restrictions shall also provide the Town with the option (but not the obligation) of being a part to their enforcement and include a right for the Town to periodically inspect the development for continued compliance with the plan and/or restrictions.

(x) No loudspeaker or amplifying device shall be permitted in connection with any camp, campground, RV park or other use which can be heard beyond the bounds of the property lot where the use is located.

(3) Revocation of license.

(a) If the Code Enforcement Officer finds that a campground or RV park for which a license has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this chapter, he may service personally or by certified mail upon the holder of the license a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order.

(b) If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order, the Code Enforcement Officer shall revoke such license and the holder of the license shall thereupon immediately terminate the operation of such campground or RV park and held to be in violation of this chapter.

(c) However, if the owner or operator of such recreational vehicle park shall, thereafter, correct such conditions and bring the recreational vehicle park into compliance with this chapter, such owner may then apply for issuance of a new license for such park, and if the application is approved and the license is granted, the applicant shall pay to the Town the fee required by this chapter without any credit for the fee paid for the license which was revoked.

(4) Penalties for offenses; additional remedies. The Code Enforcement Officer may, in the case of violations of the foregoing provisions by any campground or RV park lot occupant, and in addition to other remedies available under this chapter, and regardless whether or not such campground or RV park has a current license, remove or cause to be removed all camping facilities and persons associated with such activity. This shall include tents, vehicles, recreational vehicles, personal equipment and other goods. Such person or persons shall also be guilty of a violation and be punished as provided herein. The Code Enforcement Officer shall provide any violator who is not a repeat violator with a warning and order to immediately cease and desist in the violating activity and, upon failure of the violator to do so, shall institute the actions provided above. He may enter onto the grounds of any property for purposes of determining compliance.

(5) Exceptions.

(a) None of the provisions of this chapter shall be applicable to the following:

[1] The business of recreational vehicle sales.

[2] The storage of a recreational vehicle not being used on premises occupied as the principal residence by the owner of such recreational vehicle; provided, however, that such unoccupied recreational vehicle shall not be parked or located between the street line and the front building line of such premises.

[3] Camping by the owner on his or her own vacant property for a maximum of 30 days in consecutive days.

[4] Storage yards within any campground or RV park for vehicles and tents when not in use for camping.

(b) A campground or RV park may also include a store for sales of camping supplies and other retail goods to campers; areas for musical and similar entertainment events that are also open to the general public, provided such uses are occasional in nature and clearly accessory to the campground or RV park as the principal use of the property; and permanent cabins for camping purposes, provided such cabins are limited to a 500-square-foot footprint size, are owned and managed by the resort owner and constitute no more than 20% of such camping accommodations as are offered at the facility.

H. Cultural or performing arts center.

(1) The arrangement, character, extent, width, grade and location of all streets and internal driveways shall be considered in relation to existing and planned streets, topography, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. A pedestrian system shall be provided to link uses within the overall site and to parking areas.

(2) The buildings and structures shall be compatible with the rural character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein.

(3) The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Town Board shall approve the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk and county and local emergency service organizations.

(4) In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.

(5) A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall confer with the Planning Board regarding the scope of the traffic analysis prior to the study's being conducted. The Planning Board shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to mitigate significant adverse traffic impacts.

(6) The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication, "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces.

(7) All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application.

(8) On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.

(9) The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate the master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances.

(10) The application shall include a site plan that depicts those uses proposed for development including but not limited to pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, residential structures and seating facilities to accommodate performing arts patrons. The site plan must depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses.

(11) Concurrent with its overall site plan submission, an applicant may submit a detailed site plan application for one or more phases of the overall development. The Planning Board may issue special use permit approval for either the entire or a portion of the development.

I. Gasoline station.

(1) A gasoline filling station shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies and parts, a convenience store, and accessory parking associated with the convenience store. The gas station may have an accessory vacuums and tire pumps.

(2) A gas station shall only be located on a lot with a minimum 150 feet of frontage on a state highway. The Planning Board is not permitted to waive this requirement.

(3) Use of a gasoline filling station for the sale of new or used motor vehicles or car washing is prohibited.

(4) The site of a gasoline filling station shall have a frontage of at least 150 feet on a public street and shall have a depth of at least 150 feet.

(5) Fuel pumps shall be set back at least 50 feet from any street, residential property line or residential zoning district boundary. All other buildings and structures, including underground storage tanks, shall be set back at least 25 feet from any lot line unless a larger yard setback is required for the applicable zoning district, and all buildings and structures shall be set back at least 50 feet from the lot line of a contiguous lot in a residence district, whichever is greater. A suitably landscaped area at least 10 feet wide, or a six-foot-high, stockade-type wooden fence, with finished side facing the residence district, shall be established along all side and rear lot lines. A planting area with a width of no less than 10 feet shall be provided along any lot line along the street line. Maximum lot coverage by all buildings and structures shall be limited to 50% of the lot.

(6) There shall be no more than one driveway for each 50 feet of street frontage and no more than two curb cuts for any gas station. Such driveways shall not be more than 35 feet wide and no less than 20 feet wide at the curbline, shall be no closer together than 15 feet at the curbline and shall be at least 50 feet from any intersection of public streets. All driveways and parking or standing areas shall be permanently improved with a paved surface. The Board shall determine that all driveways, pump islands and other structures are so located that there will be adequate sight distance of vehicles in the public street and pedestrians on the public sidewalk for vehicles entering or leaving the gas station.

(7) There shall not be more than two fuel pumps for each 3,000 square feet of lot area. Storage tanks for gasoline or other motor vehicle fuels shall be located underground in accordance with the State Uniform Fire Prevention and Building Code requirements.

(8) There shall be no outdoor display of motor vehicle accessories. Debris, trash and discarded parts and containers shall be deposited in receptacles maintained therefor.

(9) There shall be no dwelling or sleeping quarters maintained in any gasoline station. Permits for gas stations shall be issued conditionally for fifteen-year periods; provided, however, that the Board of Appeals may revoke a special permit for a gas station upon failure of the holder of such permit to correct any violation of this chapter within 10 days of the date of mailing of a notice to him of such violation.

(10) A convenience store shall be permitted as an accessory use to a gasoline filling station. The gross floor area of the convenience store shall not exceed 5,000 square feet.

(11) There shall be one parking space provided for each 200 square feet, or portion thereof, of convenience store use. Parking spaces at gasoline pumps shall not be used to satisfy the parking requirement for a gasoline service station convenience store.

(12) Appropriate landscaping as approved by the Planning Board shall be installed and permanently maintained.

(13) Exterior site lighting shall not extend beyond the property line and shall meet the lighting standards set forth in this chapter.

(14) A traffic circulation plan shall be provided, demonstrating how the use of the site for both the gas station and the convenience store will not create unsafe conditions or vehicular conflicts. The use of bollards or other physical devices may be required to ensure the safety of vehicles, pedestrians and structures.

(15) The gas station is subject to architectural review by the Planning Board. Nothing herein shall limit the Planning Board from requiring an architectural design or style that varies from any franchise design so as to protect the visual character of the Town.

(16) The building shall be designed to face the street, with the canopy not extending in front of the building line. The canopy and fuel pumps shall be recessed behind the building line so as to not dominate the streetscape. The canopy shall be architecturally designed consistent with the appearance of the building. All lighting within the gas station canopy shall be recessed.

(17) A gas station is permitted one freestanding sign and one building facade sign. Signs are not permitted on the canopy.

J. Golf course.

(1) The following uses shall be permitted as accessory uses to a golf course: clubhouse (including dining rooms, common rooms, pro shop, social rooms, kitchen, recreation facilities and locker rooms), snack bar/refreshment stand, a groundskeeper residence, putting greens, practice range, parking, maintenance facility, garage, cart storage facility, water supply impoundments, and other uses and buildings that the authorized board determines are accessory to the golf course use. The proposed golf course shall be integrated with any existing development and land uses adjacent to the site, including safe locations for golf holes (tees, holes and greens) and practice areas, as related to adjacent roads, residential development, and other neighboring improvements.

(2) Where a golf course site is adjacent to, contains, or incorporates floodplains, open water, watercourses, trails, flyways, and conservation areas, the applicant may be required to provide and maintain an adequately designed walking trail easement within the property open to the public in furtherance of the Town's goal of linking open spaces in the community. The pedestrian easement shall be located so it does not interfere with play and shall be appropriately isolated from the general operation of the golf course.

(3) The applicant shall be required to provide the necessary infrastructure and utilities, including sanitary disposal system, potable water and irrigation water, either from on-site municipal or private systems. The provision of infrastructure and utilities shall not have a detrimental impact on groundwater or surface water resources.

(4) The golf course shall have two safe and adequate access points from one or more public roads. One of the two accesses may be provided for emergency access only, if, in the determination of the Planning Board; said arrangement provides adequate access. The two means of access shall be connected internally and may be achieved by use of a stabilized surface sufficient to allow passage by emergency vehicles.

(5) Ample provisions shall be made for solid waste collection and storage. All solid waste storage shall be adequately screened and buffered.

(6) One monument sign not exceeding 16 square feet shall be permitted at the entrance to the golf course. All other signs shall be directional signs, and each shall not exceed four square feet. All signs, including size, location, materials and design, shall be approved as part of site plan approval. The Planning Board may approve an additional monument sign at the second access.

(7) Amplifier systems shall be designed so as not to be audible beyond the property lines. The Planning Board shall assess potential sources of noise, including maintenance-related noise, and may establish conditions to minimize noise impacts on sensitive noise receptors in the vicinity.

(8) The number of parking spaces shall be the number necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and submitted at the same time as the special use permit application.

(9) A minimum vegetative buffer shall be maintained between any water body, watercourse or wetland and any turf area which is to be treated chemically. The Planning Board may retain an ecologist and/or other specialist(s) to review the plans and recommend appropriate buffer sizes, which will depend on the specific nature of the watercourse or wetland to be protected, including whether the same contributes to any public water supply reservoir or impoundment. The buffer shall be of sufficient size and designed to protect the surface water from chemicals carried by stormwater runoff. The Planning Board may consider alternative methods of protecting water bodies, wetlands and water courses (e.g., diversion of runoff via swales) where it determines that these methods are equally protective.

(10) Special events open to the general public, such as tournaments, shall be approved by the Town Board by issuance of a special use permit for public outdoor amusement or outdoor entertainment. Adequate provisions shall be made by the golf course operator to handle any crowd generated by such an event and to satisfactorily mitigate off-site impacts, including traffic management, parking, trash removal and waste disposal, security and safety, and utility demand. The golf course may be required to post a performance guarantee for these purposes. All local permissions and permits required for a special event shall be obtained prior to the event.

(11) The course shall be designed, to the extent practicable, in a manner that preserves existing woodland and wooded corridors. Clearance of woodland shall not exceed 50% of the total acreage of the lot on which the golf course shall be situated.

(12) Turf management and water quality. As part of the application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with any guidelines established by the New York State Department of Environmental Conservation and shall also take into consideration guidelines established by the United States Golf Association. These plans must include best management practices to prevent adverse impacts of chemical applications on the groundwater and surface water resources to which the golf course contributes drainage.

(13) Any adverse impacts on groundwater or surface water quality attributable to the golf course will be mitigated. The applicant shall provide for the monitoring of water quality of groundwater and surface water resources. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the integrated turf management plan and integrated pest management plan are approved as part of the application. The applicant may be required to install permanent water-quality monitoring devices to monitor water quality on an ongoing basis. The applicant shall hire a consultant who shall be responsible for carrying out the monitoring program, and the cost of the monitoring shall be borne by the applicant/owner of the golf course facility. The results and findings of any water quality monitoring shall be submitted by the owner to the Town to ensure compliance with the conditions of special use permit approval.

K. Hotel/motel.

(1) Use. Use of a hotel or motel site and any buildings or structures thereon shall be limited to the usual hotel or motel activities, as defined herein, and accessory uses incidental to the operation of a hotel or motel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the hotel or motel and located on the same site therewith. The use shall comply with Chapter 71 of the Town of Wawarsing Code, in addition to other regulations and standards.

(2) Accessory uses. All space dedicated to accessory uses, including dining rooms, swimming pools and recreational areas whether indoors or outdoors or a combination thereof, shall not occupy more than 30% of the total gross floor area of the hotel/motel. The following accessory uses are permitted, subject to approval by the Planning Board:

(a) Caretaker residence. One accessory dwelling attached to the hotel/motel and with or without kitchen facilities for the use of the hotel or motel manager and caretaker and family.

(b) Restaurant. Restaurants and kitchen areas, serving either hotel or motel guests exclusively or to the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is constructed and further provided sufficient parking is made available to patrons.

(c) Recreation facilities. Indoor and outdoor amusement and sport facilities for the exclusive use of hotel or motel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs. A swimming pool is permitted to be outdoors.

(d) Parking. Automobile parking lots for the exclusive use of hotel or motel patrons and employees, and off-street parking spaces. The Planning Board, in its discretion, may allow dedicated spaces for the overnight parking of a recreational vehicle, or tractor trailer spaces.

(e) Office and lobby. Office and lobby, provision of which shall be mandatory for each hotel or motel.

(f) Retail sales. A small retail area for the purchase of sundries and snacks by guests.

(3) Guest sleeping rooms.

(a) Occupancy. In no case are hotel or motel units to be used as apartments for nontransient tenants.

(b) Interconnections. Hotel or motel sleeping rooms shall not be interconnected by interior doors in groups of more than two.

(c) Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

(d) The maximum number of guest sleeping rooms for any hotel/motel site, inclusive of all buildings, shall be 150.

(e) There shall be no kitchen facilities in a guest sleeping room. Each guest sleeping room shall include a full bathroom, including sink, toilet facility, and shower/bath installation. The Planning Board, in its discretion, may allow up to 35% of the guest sleeping room to have a kitchens, which may include a sink, stove, refrigerator, and dishwasher, as determined by the Planning Board.

(f) There shall not be more than one guest sleeping room for every 1,000 square feet of lot area.

(4) Dimensional regulations.

(a) Site. The site for each hotel or motel shall have frontage of at least 200 feet on a state or county highway public road, except that anything hotel/motel that will have a capacity over 20 guest sleeping rooms shall maintain such frontage on a state or county highway.

(b) Minimum lot area. The minimum lot area shall be one acre.

(c) Setbacks. The minimum setback requirements are as follows:

	Minimum Setback From All Roads (feet)	Minimum Setback From All Property Lines Adjacent to Residential Districts (feet)	Minimum Setback From All Other Property Lines (feet)
Hotels or motels principal building(s) associated thereto	50	100	50
All other buildings and structures and all outdoor facilities	50	100	50

(d) Coverage. The maximum lot coverage shall not exceed 50% of the site.

(e) Building height. No buildings or structures shall exceed 40 feet, or three stories, in height.

(f) Length. The maximum length of any hotel or motel building shall not exceed 300 feet.

(g) Guest sleeping rooms per building. There shall be no less than 12 guest sleeping rooms per building.

(h) Guest sleeping room per lot area. There shall be no more than one guest sleeping room per every 1,000 square feet of lot area.

(5) Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.

(6) Off-street parking. Where a hotel or motel includes a restaurant or other eating and drinking facilities open to the public, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. No parking space shall be located within 25 feet from any hotel building ingress or egress, including emergency egress. For a motel, no parking shall be located closer than 10 feet from any ground level guest sleeping room ingress and egress. All off-street parking areas shall be at least 25 feet from all property lines.

(7) Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

(8) There shall be no outdoor public address or music system audible beyond the limits of the property.

L. Kennels.

(1) The minimum lot size for the establishment of this use shall be 10 acres.

(2) The property as a whole shall be limited in use to the care and maintenance of domesticated animals and fowl. The Planning Board may approve the sale or breeding of said animals and fowl under such conditions and circumstances as it deems appropriate and in accordance with requirements of this section and the purposes of this chapter.

(3) Residential occupancy by the applicant and up to two employees shall be permitted on the site in living quarters which comply with the Town Building Code.

(4) Sufficient outdoor exercise space shall be provided for dogs to be exercised properly. The outdoor exercise area within which dogs will be permitted to roam shall be surrounded by a fence of wire mesh or similar construction sufficiently tall to contain all dogs within it, but a least four feet in height. This fence shall be sufficiently sturdy to contain all dogs using this area and shall be set back at least 150 feet from all property lines.

(5) At least 30 square feet of protected indoor space shall be provided for each dog. Any building housing dogs shall be at least 200 feet from all property lines.

(6) Except for temporary care facilities, a total of 100 square feet of combined inside and fenced outside space must be provided for each dog.

(7) All dogs which present a nuisance by barking shall be contained within soundproof buildings between the hours of 8:00 p.m. and 6:00 a.m. each day.

(8) In all instances, all dogs shall be adequately housed, fed, controlled, fenced, inoculated and otherwise maintained in a sanitary and safe manner so as not to create a nuisance, health or safety hazard to nearby properties, property owners or inhabitants of the neighborhood or the dogs themselves. The kennel shall be inspected on a regular basis, but at least three times per year, by a veterinarian who shall write a report on his observations. This report shall be kept on file on the premises and shall be presented to Town officials for their examination upon their request.

(9) This special permit for a kennel shall apply to the entire tract of land for which it has been issued. If this use shall cease for a period of six months or if any part of this property shall be sold or subdivided, this special permit shall be null and void.

(10) Except where specifically waived by this special permit, all laws or ordinances of the Town of Wawarsing pertaining to dogs or other animals shall be complied with in full.

M. Manufactured homes and parks.

(1) Manufactured homes and manufactured home parks shall be subject to the requirements of the Town of Wawarsing Manufactured Home Law and the following standards and review criteria. A manufactured home park shall require a special use permit issued by the Planning Board.

(2) Permitted locations. Manufactured homes shall be permitted only within mobile home parks (where permitted) or as individual manufactured homes on a lot within a zoning district that allow single-family dwellings, subject to the standards of Subsection B below and the restrictions found on the Schedule of District Regulations.[1]

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(3) Standards applicable to individual manufactured homes.

(a) A manufactured home may be placed in the Town only after obtaining a manufactured home/building permit and shall require a certificate of occupancy before initial occupancy.

(b) Manufactured homes located outside of manufactured home parks shall comply with all area and bulk requirements that apply to one-family houses in the same zoning district.

(c) All manufactured homes shall be connected to an adequate supply of potable water; shall be connected to a community wastewater system or septic system constructed to all state and local requirements; and shall be connected to all applicable utilities, including but not limited to electric power, telephone, propane gas and fuel oil. All the foregoing connections or services shall be provided to the manufactured home within 90 days of permit issuance for placement of the home.

(d) All manufactured homes hereafter erected in the Town shall be Underwriter Laboratory certified and bear the seal of the U.S. Department of Housing and Urban Development.

(e) All manufactured homes shall have peaked roofs, with a minimum pitch of three feet vertical to 12 feet horizontal.

(f) Manufactured homes, outside of manufactured home parks, shall be installed on a load-bearing foundation complete with footings, such as a crawl space or full basement meeting New York State Building Code standards.

(g) Structure frames of manufactured homes must be securely attached to the foundation as provided by New York State Building Code standards.

(h) Permanent steps and handrails shall be constructed at all access points of the manufactured home to ensure a safe means of ingress/egress into the dwelling unit.

(i) Exceptions to permanent placement requirements.

[1] Construction field office. A single manufactured home unit may be temporarily located in any zoning district for use as a construction field office, real estate sales office or manufactured home sales office, provided a building permit has been issued under the New York State Building Code. Such offices may not be installed prior to 30 days before the commencement of the relevant project and must be removed within 30 days after the completion of the relevant project, a maximum of one year, with a one-year extension subject to approval of the Planning Board.

[2] Temporary placement of manufactured homes. It shall be unlawful to store any mobile home on any property within the Town of Wawarsing for a period in excess of 30 days.

(j) Prohibited uses for manufactured homes. Manufactured homes shall be used for single-family dwelling purposes only. All other uses, including but not limited to use as a warehouse, storage shed, toolshed, outbuilding or garage, are prohibited.

(k) Nonconforming manufactured homes. Any manufactured home lawfully in existence at the time of the adoption of this chapter which is not in full compliance with this chapter may remain in its existing location but may not be otherwise relocated within the Town except with respect to relocation on the same lot. No manufactured home previously occupied as a dwelling may be converted to a use prohibited by this chapter, however.

(4) Manufactured home park special use and site plan review criteria. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of the Town of Wawarsing Manufactured Home Law and the following standards and review criteria:

(a) The location of the park shall be one demonstrably suitable for such use, with proper drainage and provisions for stormwater control such that the amount of water leaving the site after development shall not be greater than prior to development.

(b) There shall be documentation of the availability and adequate capacity of all utility providers to service the park. Off-site or centralized water facilities shall be provided.

(c) The park shall be designed to provide maximum open space consistent with the minimum manufactured home lot size requirements of the Manufactured Home Law and offer buffering of individual manufactured homes from each other and from other adjoining lot owners. It shall be landscaped so as to develop and maintain a high-quality aesthetic environment and neighborhood character for prospective new and existing residents.

(d) Adequate provisions shall be made for outside storage space and these shall not in any way interfere with emergency access.

(e) Adequate provisions shall be made to control potential nuisance situations such as accumulation of unused materials or vehicles.

(f) Recreational facilities sufficient to accommodate the number of dwellings proposed shall be provided.

(g) There shall be adequate groundwater supplies to support the proposed water system without causing a detrimental impact on adjoining water supplies, and evidence of this shall be provided and professionally reviewed.

(h) The management and operations plan for the park shall provide for maintenance of all common facilities and ensure the purposes and requirements of this chapter are met. It shall also provide for limitation of occupancy to manufactured homes meeting U.S. Department of Housing and Urban Development regulations under the Manufactured Housing Act.

(5) Three or more manufactured homes on any given parcel shall constitute a manufactured home park and shall adhere to all requirements set forth herein.

N. Mining and extractive uses.

(1) Sand, gravel and other quarrying and other mining excavation industries shall extend no closer than 500 feet to any existing residence, institution, public water supply source or other public or semipublic facility as mapped by the Town. In the case of blasting operations, this distance may be increased by the Planning Board. The Board may also limit the extension of such operations within or into any aquifer or watershed protection zone that may be designated by the Town of Wawarsing to protect a public water supply.

(2) All extraction industries shall comply fully with the Mined Land Reclamation Law and provide evidence of such compliance in connection with any special use application.

(3) The manufacturing or processing of asphalt shall not be considered part of any extraction, and proposals for such uses, if and where permitted, shall be fully subject to the requirements of this chapter, notwithstanding pre-exemptions of authority under the Mined Land Reclamation Law.[2]

[2] Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

(4) All sand, gravel and quarrying operations shall be subject to the provisions of § 112-23 hereof relating to traffic, and the Planning Board may require traffic studies to determine the need for special entrance designs, the construction of acceleration and deceleration lanes and the like.

(5) The storage and/or burial of machinery, junk, debris, or any other non-mine-related items shall not be allowed on site. The site shall not be used to park commercial trucks or heavy equipment not directly involved with the currently permitted mining operation. Other uses not directly related to the mining operation shall require separate permission hereunder.

(6) Excavation of less than 1,000 tons per year for the purposes of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed subject to Subsection A above, site plan review and the following provisions. Notwithstanding whether a permit has been issued, property owners may utilize gravel, stone quarrying or subsoil excavation on their own property for fill or leveling without restriction. Farm-related mining of less than 1,000 tons per year is exempt from these requirements but shall comply with Subsection A above, Subsection F(3) below and Subsection F(6) below. For soil mining operations that are not subject to state jurisdiction by virtue of involving the removal of 1,000 tons or less per year, the following provisions shall apply:

(a) The applicant shall submit 10 copies of a map at a scale of one inch equals no more than 100 feet, showing all lands within 200 feet thereof with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the current topography at two-foot contour intervals or as otherwise determined appropriate by the Planning Board.

(b) The applicant shall also submit 10 copies of the proposed plan of excavation at the same scale as above, showing the proposed finished elevations at two-foot contour intervals, or as otherwise determined appropriate by the Planning Board, and the proposed drainage plan.

(c) During excavation or quarry operations, open pits and quarry walls shall be entirely surrounded by a substantial temporary movable fence at least six feet high located no less than 50 feet from the mine excavation to safeguard the public and prevent an attractive nuisance. Such fence is to be erected so as to effectively block access to the area, with suitable gates provided with locks. Top and/or toe of slope shall not be closer than 40 feet to a property line.

(d) The Planning Board may require the applicant to submit a screening and buffer plan to minimize visual impacts on surrounding properties or adjacent roadways. Such plan shall identify the location, height, type and other appropriate details of all proposed perimeter fencing, berming, landscaping or other screening and buffering measures.

(e) Excavation, quarrying and mining operations may be conducted between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and between 7:00 a.m. to 12:00 noon on Saturday, and shall not be conducted on Sunday or on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.

(f) Rock crushing, cement production, other crushing, grinding, polishing or cutting machinery, or other physical or chemical process for treating the product of such excavation shall not be permitted unless otherwise permitted within the district.

(g) The proposed finished grading plan shall show the land to be smooth-graded and topsoil respread to a minimum depth of four inches; slopes shall not exceed the normal angle of repose of the material removed.

(h) The applicant may be required to furnish a performance bond, in an amount determined by the Code Enforcement Officer or Town Engineer, to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Code Enforcement Officer that all requirements, including the finished grading and drainage, have been met.

(i) No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for additional three-year periods, upon approval of the Planning Board.

O. Multifamily dwellings.

(1) Multifamily dwelling projects shall be subject to site plan approval, and subdivision approval as per Subsection O(2) below, if applicable. The application shall also include the following information:

(a) An application for approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the criteria set forth herein.

(b) A plan showing the approximate (generally within five feet) locations of all buildings and improvements including parking areas, planting strips (if any), signs, stormwater facilities, water supply, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Town of Wawarsing. Setbacks from property lines, improvements and other buildings shall also be indicated.

(c) A schedule or plan and proposed agreement(s) either with the Town or a property owners' association for the purpose of dedicating, in perpetuity, the use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall, in any event, provide to the satisfaction of the Town that maintenance and use of the property, regardless of ownership, be restricted to either activities intended for the sole benefit of the occupants of the particular project proposed, or permanent open space as hereinafter provided.

(2) Subdivision. Following site development plan approval, the overall site may be subdivided into lots which may not be smaller than the minimum lot size specified elsewhere in this chapter, provided that:

(a) The purpose of such subdivision shall be to facilitate the sale of dwelling units on individual lots, to facilitate the development of the site with two or more condominium or property owner associations, or to facilitate financing or construction in appropriate phases. The configuration of lots shall be consistent with the intent of the approved site development plan.

(b) The approval of any such subdivision shall not constitute an amendment to or be contrary to the approved site development plan with respect to the physical layout of the site or other aspects of construction. Further, no development within any of the approved lots shall be permitted except as shown on the approved site development plan, as such plan may thereafter be amended.

(c) The subdivision may establish separate lots for each of the dwelling units shown on the approved site development plan, or separate lots for clusters of such dwelling units, and may establish one or more separate lots encompassing open space or other common facilities shown on the approved site development plan, without regard to otherwise prevailing lot size, yard, height and coverage requirements. However, all such requirements shall apply to the overall site development.

(d) Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, preservation, maintenance and operation of all open space, roadways and other common facilities on the overall site. Responsibility for all private common facilities shall be lodged with one or more condominium or property owners' associations, or similar entities, which shall be empowered to levy assessments against property owners to defray the cost of preservation, maintenance and operation and to acquire liens, where necessary, against property owners for unpaid charges or assessments. The Planning Board may require the establishment of a single "umbrella" entity for the overall site if there are open spaces, roadways or other common facilities that are intended for the shared use of the entire site. If the Planning Board determines that such shared facilities are not significant or that an umbrella entity is not required for proper administration, the Planning Board may instead make appropriate requirements, in the form of easements or otherwise, to ensure proper administration.

(e) Lots containing one or more dwelling units shall not be required to have frontage on a public street, provided that appropriate easements are provided, to the satisfaction of the Planning Board, for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site development plan.

(f) Appropriate cross easements shall also be provided, to the satisfaction of the Planning Board, to allow the use and enjoyment of common off-street parking spaces (other than those exclusively serving respective dwelling units) and the use and enjoyment of other common facilities in accordance with the approved site development plan.

(g) The Planning Board may consider an application for the subdivision of a site, in accordance with this subsection, concurrently with the application for site development plan approval for the overall site.

(h) The boundaries between lots may be intended to coincide with common walls separating attached dwelling units, and it may be desirable to finalize these boundaries after the foundations of the dwelling units have been constructed and the actual locations of the dwelling units are thereby known. In such cases, the Planning Board may approve a final subdivision plat on which a single lot is shown to encompass an entire building or cluster of attached dwelling units, with a notation as to how many such dwelling units are to be constructed within such single lot. The Planning Board may treat the subdivision of the single lots, in order to provide separate lots for each dwelling unit in the building or cluster, as a subsequent section of the plat and may simultaneously approve a preliminary subdivision plat showing the tentative boundary lines coincident with the common walls of the dwelling units. Upon determination of the actual locations of the foundations of the dwelling units and after any necessary revision of the preliminary subdivision plat, the Planning Board may proceed with the approval of a final subdivision plat showing the final lot lines of the building or cluster.

(3) The Planning Board may act on the site plan, subdivision plan and special use permit application concurrently.

(4) Following plan approval, the developer shall provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final development plan approval. No certificate of occupancy (where the same is required) shall, however, be issued until such time as:

(a) Final plan approval shall have been granted in accordance with the procedures and requirements of this chapter; and

(b) Buildings have been completed and inspected by the Code Enforcement Officer.

(5) Complete final building plans shall also be submitted as part of the final plan application.

(6) No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon, except in accord with the provisions of this chapter, unless and until final plan approval shall have been granted (unless the improvements shall have been guaranteed) and the plan has been recorded in the office of the Ulster County Clerk.

(7) Multifamily dwellings shall be permitted at twice the density allowed for single-family dwellings in the applicable zoning district within which it is located. Multifamily dwellings shall be permitted at a density of one dwelling unit per 10,000 square feet of lot area, whichever is less dense.

(8) Recreation fee. Prior to issuance of site plan approval for multifamily residential uses, the site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. Land for such recreational purposes may not be required until the Planning Board has made findings that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town, as set forth in § 274-a, Subdivision 6(b), of the NYS Town Law, or any successor provision thereto. In the event such a finding is made by the Planning Board but there is a further finding that suitable recreational lands cannot be properly located on the site plan, the Planning Board may require a sum of money be paid for a recreation fee in lieu of land in accordance with the prevailing fee schedule established by the Town Board.

(9) Homeowners' association.

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

(b) Membership in the association must be mandatory for each property owner within the development and for any successive property owners.

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

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

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

(f) In the event that the maintenance, preservation and/or use of the common land areas and facilities ceases to be in conformance with any of the above requirements or any other requirements specified by the Town when approving the special permit or site plan, the Town shall be granted the right to take all necessary action to assure such conformance and to assess against the association and/or the individual property owner within the development all costs incurred by the Town for such purposes.

(10) All areas of a multifamily development not conveyed to individual owners and not occupied by buildings and required or proposed improvements shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of development. Not less than 50% of the property shall be dedicated to permanent open space. Such open space shall be subject to the following regulations:

(a) No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to common area for the sole benefit and enjoyment of the residents of the particular units proposed. These areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units. They shall not include wetlands, quarries, slopes over 15%, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

(b) Open space areas shall be permanently maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by dedication to a property owners' association which assumes full responsibility for maintenance of the open space and/or deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. The open space areas shall be subject to a conservation easement to run to the Town of Wawarsing or a non-for-profit land trust or other bona fide not-for-profit open space organization. Activities allowed in the open space areas shall be reviewed and approved by the Planning Board, and any activities or restrictions regarding use of the open space shall be set forth in the conservation easement.

(c) The applicant shall provide, to the satisfaction of the Town Attorney and prior to the granting of any final plan approval, for the perpetual maintenance of the open space. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been recorded in the office of the County Clerk.

(d) Developments of 50 units or more shall provide 1/2 acre of playground area per 50 units unless restricted to adult occupancy only.

(11) All multifamily developments shall be served by a community wastewater facility and water supply and their locations shall comply with NYS Department of Health standards.

(12) The following design criteria shall apply:

(a) All buildings shall be arranged so as to avoid undue concentration of buildings or parking facilities and shall be oriented so as to preserve visual and auditory privacy. There shall be no more than eight dwellings in each multifamily building. No building shall be longer than 150 feet. The maximum height shall be 2.5 stories. Each dwelling shall be no less than 700 square feet of gross floor area. The maximum number of units in any multifamily development shall be 150 dwelling units.

(b) No multifamily building shall be constructed within 50 feet of the edge of any access road to or through the development or within 25 feet of the edge of any parking area.

(c) Access roads through the development shall comply with minor street requirements as specified in the Town of Wawarsing Code and no parking space shall be designed such that a vehicle would reverse onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

(d) A multifamily development of 25 dwelling units or more shall be served by at least two driveways to a public street.

(e) All parking shall be provided in paved, off-street parking areas and all parking spaces shall be demarcated. Each dwelling shall be provided two parking spaces situated in proximity to the unit, plus one additional space shall be provided for every three units for visitors. Parking may be within a parking lot, within a garage, or a driveway giving access to a garage. Parking spaces shall meet the parking standards of this chapter.

(f) No more than 40 parking spaces shall be provided in a single parking area which shall be separated from other parking areas by landscaping and drive aisles, nor more than 10 spaces in a continuous row without being interrupted by a landscape island. All off-street parking shall be adequately lighted and so arranged as to direct lighting away from dwellings. No landscape island shall be less than 10 feet in width.

(g) Multifamily buildings shall be separated from other buildings by a distance equal to the tallest of the two buildings.

(h) All multifamily buildings shall be a minimum of 100 feet from the property line of the site and 75 feet from any public right-of-way.

(i) Where a property line is not wooded, a planting strip no less than 50 feet wide shall be planted. A fifty-foot wooded or planting strip shall be provided along the road giving access to the multifamily development. The plan shall include a landscaping plan.

(j) Multifamily developments shall be subject to the stormwater management requirements of this chapter. Facilities shall be designed to accommodate storms of a twenty-five-year average frequency unless a more stringent standard shall be recommended by the Town Engineer. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development shall not exceed that estimated for the site prior to development.

(k) In addition to the standards for landscaping set forth herein, the ground and vicinity of buildings shall be provided with decorative landscape materials, subject to approval by the Planning Board.

(l) Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment and shall not create glare on adjoining units or adjoining properties.

(m) Walks shall be provided throughout the development area to ensure that roads shall not be required for pedestrian circulation.

(n) All electrical and other utilities shall be placed underground.

(o) Architectural design shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.

(p) The design standards set forth elsewhere in this chapter shall also apply.

(13) Maintenance of multifamily developments shall be vested in an association or other legal entity organized prior to the offering of the first unit for occupancy; or a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or the owners or occupants of units themselves if the total number of owners or occupants within the development is not more than five. If the developer shall opt to manage the project or designate a manager, the preliminary application shall include financial statements, a description of previous management experience and other data sufficient for the Planning Board to ascertain the financial responsibility of the manager.

(14) The association or manager, as the case may be, shall be responsible for maintenance, repair and replacement of the common areas of the development, including buildings and, if applicable, the furniture, fixtures and equipment within the units. The project instruments shall specify the expenses that the maintenance organization may incur and collect from purchasers as a maintenance fee and secure maintenance of the project and enforcement of applicable covenants and restrictions in perpetuity. The Planning Board may require that a certified public accountant review such financial data to determine proposed fees are, in fact, adequate to secure maintenance on a continuing basis.

(15) The developer shall, in filing a preliminary development plan, provide a narrative description of how responsibility for maintenance of the dwellings and common areas will be assured and a pro forma operating budget for the maintenance organization including a breakdown of the common expense to be borne by the maintenance organization and a separation of long-term maintenance costs from ongoing routine maintenance costs. There shall also be provided a narrative description of how the developer proposes to assure maintenance of the units and common facilities during any sales program. The Planning Board may require additional temporary facilities to accommodate service demands. Copies of all applicable instruments shall be provided, for purposes of determining that long-term arrangements for maintenance of common facilities have, in fact, been made by the developer.

(16) Any developer who proposes to construct multifamily dwellings and convey the common elements of said multifamily dwelling project, including recreation areas, to an association of purchasers of units therein shall submit a maintenance bond or other performance guarantee acceptable to the Town Board and Town Attorney ensuring long-term maintenance and repair of said common elements. Such maintenance bond or other guarantee shall:

(a) Be for a period of not less than 15 years from the date of the final approval of said multifamily dwelling transient use by the Town;

(b) Be in an amount equal to the amount collected or to be collected for long-term maintenance (as indicated in the budget referenced above) by the developer or other responsible parties from each purchaser during the first year after sales to such purchases begin, multiplied by the total number of expected purchasers.

(17) If the development shall be subject to the New York State statutes governing the sale of real property used for multifamily occupancy, the developer shall certify as to his or her compliance with said statutes. To the extent the provisions of such statutes conflict with this subsection, such certification shall suffice as to conformance with these requirements.

P. Public outdoor amusement or outdoor entertainment.

(1) A safety management plan shall be submitted which details how accidents and emergencies will be handled by the local service providers. The plan shall be reviewed by the applicable emergency service providers, whose comments shall be considered. The Town Board shall be responsible for reviewing and approving the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk.

(2) If required, a mass-gathering permit shall be obtained for the proposed activities and shall be made a condition of the special use permit.

(3) In reviewing the proposed use, the Town Board may impose restrictions on lighting, noise levels, hours of operation, duration of the event, and other operations to protect the health, safety and welfare of the community.

Q. Resort (including resort, low-intensity).

(1) Use. Use of a resort site and any buildings or structures thereon shall be limited to the usual resort activities, as defined herein, and accessory uses incidental to the operation of a resort, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the resort and located on the same site therewith. The use shall comply with Chapter 71 of the Town of Wawarsing Code, in addition to other regulations and standards.

(2) Accessory uses. All space dedicated to accessory uses, including dining rooms, swimming pools and indoor recreational areas, shall not occupy more than 40% of the total gross floor area of the resort building(s). Outdoor accessory recreational uses shall be excluded from this calculation. The following accessory uses are permitted, subject to approval by the Planning Board:

(a) Convention center, conference centers and catering facilities.

(b) Seasonal and year-round indoor and outdoor recreation facilities, sports and amusement activities, including, but not limited to, golf courses, ski center sledding, rock climbing, zip lines and alpine slides, snowmobile trails, ice skating, roller skating and skateboarding, fishing, tennis, basketball, water park, equestrian facilities, mountain biking, hiking and walking trails; and indoor family entertainment center, including arcades and game rooms.

(c) Theaters, including, but not limited to, live and recorded performance venues, movie theaters, indoor and outdoor performance theaters.

(d) Retail uses incidental to activities associated with the resort for use by guests.

(e) Personal service uses, such as hair salon and barbershop.

(f) Restaurants and bars.

(g) Health spas and services.

(h) Child day-care centers.

(i) Parking. Automobile parking lots for the exclusive use of resort patrons, and off-street parking spaces. The Planning Board, in its discretion, may allow dedicated spaces for the overnight parking of a recreational vehicle, or tractor trailer spaces.

(j) Office and lobby. Office and lobby, provision of which shall be mandatory for each resort.

(k) Other uses and facilities customarily accessory to such a resort, at the review and discretion of the Planning Board, which Board shall determine that said use is clearly incidental to the resort.

(3) Recreational uses. No less than 10% of the total gross floor area of the resort buildings shall be dedicated to indoor recreational uses, and no less than 30% of the lot area shall be dedicated to outdoor recreation facilities.

(4) Open space. No less than 25% of the lot area shall be held in open space, exclusive of any outdoor recreation facilities. The open space lands may include environmentally sensitive, ecological, and aesthetic characteristics.

(5) Prohibited uses. Adult uses, as defined in the Code of the Town of Wawarsing, shall be prohibited in a resort.

(6) Guest sleeping rooms.

(a) Occupancy. In no case are resort units to be used as apartments for nontransient tenants.

(b) Interconnections. Guest sleeping rooms shall not be interconnected by interior doors in groups of more than two.

(c) Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

(d) The maximum number of guest sleeping rooms for any resort site, inclusive of all buildings, shall be 200.

(e) There shall be no kitchen facilities in a guest sleeping room. Each guest sleeping room shall include a full bathroom, including sink, toilet facility, and shower/bath installation.

(f) There shall not be more than one guest sleeping room for every 2,500 square feet of lot area.

(7) Dimensional regulations.

(a) Site. The site for each resort shall have frontage of at least 200 feet on a state or county highway.

(b) Minimum lot area. The minimum lot area shall be 25 acres.

(c) Setbacks. The minimum setback requirements are as follows:

	Minimum Setback From All Roads (feet)	Minimum Setback From All Property Lines Adjacent to Residential Districts (feet)	Minimum Setback From All Other Property Lines (feet)
Resort buildings with guest sleeping rooms	100	200	100
All other buildings and structures and all outdoor facilities	100	200	100

(d) Coverage. The maximum lot coverage shall not exceed 35% of the site.

(e) Building height. No buildings or structures shall be exceed 50 feet, or five stories, in height, except that the Planning Board, in its discretion, may allow an increase in resort buildings to 100 feet or 10 stories, where it determines the Town and local agencies can adequately serve said buildings in the event of an emergency. The Planning Board in its discretion may approve recreational slides, water tubes, and other indoor and outdoor accessory recreational structures that exceed the maximum height for a structures set forth herein, provided that same shall not exceed 100 feet in height and shall be setback two times the distance from any adjoining property line.

(f) Length. The maximum length of a principal resort building shall not exceed 500 feet.

(g) Guest sleeping rooms per building. There shall be no less than four guest sleeping rooms per building.

(h) Guest sleeping room per lot area. There shall be no more than one guest sleeping room per every 2,500 square feet of lot area.

(8) Utilities. The resort shall be serviced by central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground.

(9) Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.

(10) Off-street parking.

(a) Where a resort includes restaurants, theaters, and other uses open to the public, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. No parking space shall be located within 25 feet from any resort building ingress or egress, including emergency egress.

(b) Location and design of parking and loading spaces: Parking garages shall be permitted accessory to a resort and shall be set back no less than 200 feet from any property line.

(c) All off-street parking areas shall be at least 100 feet from all property lines.

(11) Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

(12) There shall be no outdoor public address or music system audible beyond the limits of the property.

(13) Architecture. The exterior treatment, including colors, textures and materials, of all structures within a resort shall be muted and blend into the surrounding landscape to the satisfaction of the Planning Board. Any application for a resort shall be accompanied by renderings, elevations, and similar materials for the Planning Board to render its determinations.

(14) Resort, low-intensity.

(a) Use. Use of a low-intensity resort site and any buildings or structures thereon shall be limited to the usual resort activities, as defined herein, and accessory uses incidental to the operation of a resort, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the resort and located on the same site therewith. The use shall comply with Chapter 71 of the Town of Wawarsing Code, in addition to other regulations and standards. All standards applicable to a resort as set forth above in Subsections Q(1) through (13) shall apply, unless otherwise regulated in this Subsection Q(14) which shall govern.

(b) Accessory uses.

[1] Low-intensity resorts shall be occupied by guests only and shall not be open to the general public.

[2] Outdoor recreational uses shall be those that are passive in nature, which may include nonmotorized trails for walking and hiking, outdoor gardens, and similar activities which will not impact the quietude of adjacent uses.

[3] Indoor accessory uses may include a health spa, dining rooms, activity spaces for fitness such as yoga, dance, and similar activities.

[4] Caretaker residence. One accessory dwelling attached to the low-intensity and with or without kitchen facilities for the use of the caretaker and family.

[5] Parking. Automobile parking lots for the exclusive use of resort patrons, and off-street parking spaces.

[6] Office and lobby. Office and lobby, provision of which shall be mandatory for each low-intensity resort.

(c) Guest sleeping rooms.

[1] Occupancy. In no case are guest sleeping rooms to be used as apartments for nontransient tenants.

[2] Interconnections. Guest sleeping rooms shall not be interconnected by interior doors in groups of more than two.

[3] Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

[4] The maximum number of guest sleeping rooms for any low-intensity resort site, inclusive of all buildings, shall be 25.

[5] There shall be no kitchen facilities in a guest sleeping room. Each guest sleeping room shall include a full bathroom, including sink, toilet facility, and shower/bath installation.

[6] There shall not be more than one guest sleeping room for every 10,000 square feet of lot area.

(d) Dimensional regulations.

[1] Site. The site for each low-intensity resort shall have frontage of at least 100 feet on a county or state road. Based on an evaluation of the size of a proposed low-intensity resort, including the total number of guest sleeping rooms and activities proposed therein, and the road giving access thereto and its ability to handle any proposed traffic and emergency service vehicles which may be required to service the low-intensity resort, the Planning Board may allow a resort with primary access from a Town road, provided it shall have no less than 100 feet of frontage on same, and shall permit up to no more than 20 guest units.

[2] Minimum lot area. The minimum lot area shall be 15 acres.

[3] Setbacks. The minimum setback requirements are as follows:

	Minimum Setback From All Roads (feet)	Minimum Setback From All Property Lines Adjacent to Residential Districts (feet)	Minimum Setback From All Other Property Lines (feet)
Resort buildings with guest sleeping rooms	50	100	50
All other buildings and structures and all outdoor facilities	50	100	50

[4] Coverage. The maximum lot coverage shall not exceed 25% of the site.

[5] Building height. No buildings or structures shall be exceed 35 feet, or two stories, in height.

[6] Length. The maximum length of any low-intensity resort building shall not exceed 200 feet.

[7] Guest sleeping rooms per building. There shall be no less than four guest sleeping rooms per building.

[8] Guest sleeping room per lot area. There shall be no more than one guest sleeping room per every 10,000 square feet of lot area.

(e) Utilities. The resort shall be serviced by central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground.

(f) Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.

(g) Off-street parking. No parking space shall be located within 25 feet from any resort building ingress or egress, including emergency egress. All off-street parking areas shall be at least 100 feet from all property lines and screened from view where the site adjoins a residential zoning district or residential property, with a thick landscaping planting to the satisfaction of the Planning Board.

(h) Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

(i) There shall be no outdoor public address or music system audible beyond the limits of the property.

(j) Architecture. The exterior treatment, including colors, textures and materials, of all structures within a resort shall be muted and blend into the surrounding landscape to the satisfaction of the Planning Board. Any application for a resort shall be accompanied by renderings, elevations, and similar materials for the Planning Board to render its determinations.

R. Telecommunication facilities.

(1) Purposes. This section is enacted to minimize impact of telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the Town of Wawarsing.

(2) Restrictions on use. No telecommunications facilities, except those approved prior to the effective date of this chapter, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this chapter. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with this chapter.

(a) All communication facilities shall at all times comply with the rules and regulations of any government entity having jurisdiction over such telecommunication facilities and uses, antenna and supporting structures and towers, including, without limitation, the FCC and FAA.

(b) All telecommunication facilities shall be operated and maintained by an FCC licensee only.

(c) All telecommunication facilities shall be demonstrated necessary to provide coverage to an area of the Town that currently lacks adequate coverage. Related telecommunication towers or antennas shall also be demonstrated to be the minimum height and aesthetic intrusion possible to provide adequate coverage.

(d) All telecommunication facilities, if proposed for placement on a lot that is within or abuts a residential district, shall prove that adequate coverage cannot be achieved by siting the facility on a lot which is not or does not abut a residential district.

(e) All telecommunication facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes.

(3) Major wireless communication facilities. Major wireless communication facilities shall be permitted as special uses in RU, MU, NS, PCIM, RP and BH Districts. The following requirements shall apply:

(a) The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This shall require an executed copy of any lease with a landowner or landlord or a signed letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.

(b) Where a certification is called for in this section, such certification shall bear the signature and seal of a registered professional engineer licensed in the State of New York.

(c) All applications for the construction or installation of new telecommunications facilities or modification of an existing facility shall contain, in addition to all other required information under this chapter, the following:

[1] A descriptive statement of the objective(s) for the new facility or modification including and expanding on a need such as coverage and/or capacity requirements;

[2] Documentation that demonstrates and proves the need for the telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage;

[3] The name, address and phone number of the person preparing the report;

[4] The name, address, and phone number of the property owner and applicant, and also include the legal name of the applicant. If the site is a tower and the owner is different than the applicant, provide the name and address of the tower owner;

[5] The postal address and Tax Map parcel number of the property;

[6] The zoning district in which the property is situated;

[7] Size of the property stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

[8] The location of the nearest residential structure;

[9] The location, size and height of all existing and proposed structures on the property which is the subject of the application;

[10] The type, locations and dimensions of all proposed and existing landscaping and fencing;

[11] The azimuth, size and center-line-height location of all proposed and existing antennas on the supporting structure;

[12] The number, type and model of the antenna(s) proposed with a copy of the specification sheet;

[13] The make, model, type and manufacturer of the tower and design plan stating the tower's capacity to accommodate multiple users;

[14] A site plan describing the proposed tower and antenna(s) and all related fixtures, structures appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

[15] The frequency, modulation and class of service of radio or other transmitting equipment;

[16] The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts;

[17] Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded" to verify that the telecommunication facility with the proposed installation will be in full compliance with the current FCC RF emissions guidelines. If not categorically excluded, a complete RF emissions study is required to provide verification;

[18] A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices;

[19] A copy of the FCC license applicable for the intended use of the telecommunications facilities;

[20] A copy of the geotechnical subsurface soils investigation, evaluation report and foundation recommendation for a proposed or existing tower site and, if existing tower or water tank site, a copy of the installed foundation design.

(d) The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed new tower or existing structure intended to support wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.

(e) The applicant shall, in the case of any new tower, be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the Town. The applicant shall also specifically investigate and determine the suitability of Town-owned property for placement of any new tower as a prerequisite for approval of any new tower on other property. Copies of written requests and responses for shared use shall be provided to the Town in the application, along with any letters of rejection stating the reason for rejection.

(f) The applicant shall, in the case of a new telecommunication tower, conduct a "balloon test" prior to the public hearing on the application. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot-in-diameter 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), times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town. The applicant shall inform the Town, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. A report with pictures from various locations of the balloon shall be provided with the application.

(g) Shared use.

[1] The applicant shall examine the feasibility of designing the proposed tower to accommodate future demand for at least four additional commercial applications, for example, future co-locations. The tower shall be structurally designed to accommodate at least four additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided the applicant demonstrates, in writing, that the provisions of future shared usage of the tower are not technologically feasible, are commercially impracticable or create an unnecessary and unreasonable burden, based upon:

[a] The foreseeable number of FCC licenses available for the area;

[b] The type of telecommunications facilities site and structure proposed;

[c] The number of existing and potential licenses without telecommunications facilities spaces/sites;

[d] Available space on existing and approved towers.

[2] The owner of a proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall respond within 60 days to a request for information from a potential shared-use applicant and allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges.

(h) The applicant shall provide certification with documentation (structural analysis) including calculations demonstrating the telecommunication facility tower and foundation and attachments, rooftop support structure, water tank structure, and any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, Town, state and federal structural requirements for loads, including wind and ice loads.

(i) If the proposal is for a co-location or modification on an existing tower, the applicant is to provide signed documentation of the tower condition such as an ANSI report as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F, or most recent version. The inspection report must be performed every three years for a guyed tower and five years for monopoles and self-supporting towers.

(j) All proposed telecommunications facilities shall contain a demonstration the facility be sited so as to be the least visually intrusive as is reasonably possible, given the facts and circumstances involved and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the telecommunications facility.

(k) If a new tower, proposal for a new antenna attachment to an existing structure, or modification adding to a visual impact, the applicant shall furnish a visual impact assessment, which shall include a computer-generated "zone of visibility map" at a minimum of one-mile radius from the proposed structure, with and without foliage to illustrate locations from which the proposed installation may be seen. Pictorial representations of "before and after" (photo simulations) views from key viewpoints both inside and outside of the Town shall be provided, as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided by the Town during the application process. The applicant shall provide a map showing the locations of where the pictures were taken and distance from the proposed structure. A written description of the visual impact of the proposed facility shall also be provided including, as applicable, the tower base, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.

(l) The applicant shall demonstrate and provide, in writing and/or by drawing, how it shall effectively screen from view the base and all related equipment and structures of the proposed telecommunications facility.

(m) The wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings; this shall include the utilization of stealth or concealment technology as may be required by the Town.

(n) All utilities at a telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

(o) An access road, turnaround space and parking shall be provided at any telecommunications site to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

(p) All telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to area codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

(q) The holder of a special use permit shall notify the Town of any intended modification of a wireless telecommunication facility and shall apply to the Town to modify, relocate or rebuild a telecommunications facility.

(4) Minor wireless communications facilities. The shared use of existing tall structures (e.g., multistory buildings, church steeples, farm silos, etc.) and placement upon existing approved towers shall be preferred to the construction of major wireless communications facilities, including new wireless communications towers and monopoles. Minor wireless communications facilities shall be a principal permitted use in all zoning districts within the Town of Wawarsing, subject to site plan review. The Planning Board shall, in such instances, be authorized to waive application requirements having no direct bearing on public health or safety and to modify applicable standards to accommodate such facilities.

(5) General requirements.

(a) Should any tower cease to be used as a telecommunication facility, the owner or operator or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Wawarsing to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Wawarsing may also file a municipal lien against the land to recover the costs of removal and attorney's fees.

(b) The owner or operator of any permitted telecommunications facility shall, within 45 days of initial operation, submit a report from a professional engineer certifying that the operation meets all applicable Town, state or federal regulations and any conditions imposed. Failure to supply such a report shall be cause for immediate revocation of permission to operate the same. The Planning Board may also require periodic inspections and certifications to ensure continued performance.

(c) The Town, as opposed to the construction of a new tower, shall prefer locating on existing towers or other structures without increasing the height. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within two miles of the location of any proposed new tower, unless the applicant can show some other distance is more reasonable and demonstrate conclusively why an existing tower or other suitable structure cannot be used. An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant. Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the Town, to the extent practicable, unless good cause is shown.

(d) The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna requested and the basis therefor. Documentation in the form of propagation studies must include all backup data used to perform at requested height and a minimum of 10 feet lower height to allow verification of this height need. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Town, to the extent practicable, unless good cause is shown. No tower constructed after the effective date of this chapter, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with Town, state, and/or any federal statute, law, local law, Town ordinance, code, rule or regulation, or 120 feet, whichever shall be less. Wireless telecommunications facilities shall not be artificially lighted or marked. No tower shall project more than 40 feet above the mature tree level, and shall also meet all other height restrictions.

(e) Lattice-work structures shall not be permitted. Towers shall be of monopole construction with no guy wires and painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this chapter. The Planning Board may also require the use of stealth technology to ensure the facility blends in with its background.

(f) All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.

(g) Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

(h) All proposed towers and any other proposed wireless telecommunications facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: a distance equal to the height of the proposed tower or wireless telecommunications facility structure plus 10% of the height of the tower or structure; or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

S. Timber harvesting. The following requirements shall apply to the process or processes which result in the felling of trees for purposes of using the timber therefrom for construction purposes, firewood and any other uses to which such timber or logs would ordinarily be subjected. Included is not only the process of cutting down trees, but all attendant processes in making such timber usable for the purpose for which it is intended, including but not limited to the removal of limbs, cutting of logs to predetermined sizes, on-site splitting of logs and the removal of logs from property by means of transport by any method, including but not limited to skidding, except that tree removal for the following purposes are not subject to this section: the clearing of lands for rights of way for utilities, except that such clearing shall comply with accepted forest management practices and shall be approved by a professional forester; the harvesting of trees for the personal use of the property owner and his or her immediate family; and trees removed for site preparation for construction or land development which has been approved by the Planning Board, or for which a building permit has been obtained if Planning Board approval is not required for said construction or land development.

(1) The owner of the property shall submit a letter or affidavit granting permission to the logger or operator, by name, to cut trees and designating the areas in which they may be cut.

(2) The Code Enforcement Officer shall receive approval, in writing, from the Town Highway Superintendent with recommendation as to such matters as specified entrance and exit from the public highway to the operations site, with signs posted on the highway noting "truck entrance."

(3) The loading area and loading operation and storing of logs shall be located at least 30 feet from the traveled way of any highway.

(4) Timber shall not be skidded across any highway nor shall log skidders cross the highway as part of the logging operation at any time.

(5) The New York State Department of Environmental Conservation shall approve the crossing of any stream as part of any logging operation, where required by law.

(6) All debris resulting from tree cutting along the highway and at the loading area within 50 feet of the highway shall be cleaned and removed by the applicant.

(7) An off-street parking area for logging equipment and other vehicles shall be located on the logging site at least 30 feet from any adjacent highway.

(8) Logging operations shall occur only within the bounds of the property leased or designated for tree cutting by the owner and shall not occur within 50 feet of any property line, except that the 50 feet buffer may be waived on interior lot lines where there are two or more contiguous lots under the same ownership. No logging operations shall occur within 20 feet of the bounds of any stream.

(9) A logging operation plan shall be submitted. It shall include, but not be limited to, such information as type, size and location of trees to be cut, periods of operation, and intensity and extent of operations. No area shall be logged or clear-cut without the written approval of the Planning Board.

(10) The adjacent public highway shall be cleaned each and every day, to the satisfaction of the Town Highway Superintendent, of mud and debris left on the highway as a result of the logging operations.

(11) The Highway Superintendent shall inspect the logging operation on a frequent basis, and loggers shall be held responsible for any damage to pavement, shoulder, roads or drainage areas connected with adjacent highways being used for logging operations. The Town Highway Superintendent shall have the authority to issue a stop-work order in any case where the Superintendent believes that a Town roadway or bridge is in jeopardy from the logging operation.

(12) Because of narrow roads and conflicts with school bus operations, loggers may be restricted from transporting logs during certain hours or periods of the day.

(13) By applying for and obtaining a special permit for a logging operation, the logger agrees to indemnify, defend and hold harmless the Town, its officers, employees, agents, or any of them from and against any losses, damages, liabilities, expenses, costs (including attorneys' fees) claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, deficiencies and charges on account of physical damage to tangible property and personal injuries, including death, to the Town, its officers, employees or agents and other persons arising from any occurrence caused by negligent or willful acts or omissions of the logger, its employees, agents, contractor or representatives, with regard to the logger's logging operations and transportation of logs.

(14) All loggers operating within the Town of Wawarsing adjacent to any Town road shall post financial security, for the purpose of assuring compliance with this chapter and the directions of the Superintendent of Highways, in such form and in such amounts as determined by resolution of the Town Board of the Town of Wawarsing for each logging operation or loading area location. Such security aforesaid shall be in the form of a cash bond, certified check, letter of credit or surety bond in such amounts as determined by the Town Board. An additional sum, to be determined by resolution of the Town Board, shall be deposited with the Town for each additional loading area. The loading area shall consist of not more than 100 linear feet adjacent to one side of a Town highway. The Superintendent of Highways shall make a written recommendation to the Town Board with respect to the security deposit required in this subsection. The Superintendent may consult with the Town Engineer with respect to said sums, and the logger shall be required to pay for said consultation.

(15) For any logging operation, the logger shall provide the Town Clerk with a certificate of insurance and a policy from a New-York-State-admitted carrier, naming the Town as the coinsured or additional insured on a liability insurance policy providing coverage for not less than $1,000,000 for death or injury to persons and damage to property.

(16) No logging operation shall take place in the Town of Wawarsing during those periods as the Town Board shall determine, upon recommendation of its Superintendent of Highways, based upon existing weather and road conditions.

(17) The Town Superintendent of Highways shall, prior to the logger conducting logging operations, determine the carrying-load limit of logging trucks and the routes that they shall be permitted to take.

(18) All timber harvesting practices shall comply with proper land/forest management practices and environmental protection as per New York State Department of Environmental Conservation (NYSDEC) timber harvesting guidelines to the greatest extent practicable.

T. Tourism-related food production use.

(1) The principal building within which the food processing occurs shall not exceed 20,000 square feet. The maximum building height shall be two stories or 35 feet.

(2) Adequate parking facilities shall be provided for employees and visitors. Visitor spaces shall be located so as not to create conflicts between pedestrian movements and food processing activities.

(3) All wastes shall be stored indoors or shall be screened and fenced in a location not visible to the public. No waste that emanates odors that are discernible at the property line shall be stored outdoors.

(4) Outdoor storage of materials and products used in the food processing operation only is permitted and shall be screened from public view. No materials shall be stored at a height greater than 15 feet. A combination of fencing, supplemental plantings and/or landscaping shall be provided to screen storage areas from public viewing areas.

(5) Parking facilities shall be located no closer than 50 feet to any property line.

U. Solar energy system, large-scale.

(1) Large-scale solar energy systems are permitted through the issuance of a special use permit within RU and PCIM Zoning Districts, subject to the requirements set forth in this section, including site plan approval. The requirements set forth in § 112-35A through E shall apply to the regulation of a large-scale solar energy system. Large-scale solar energy systems on farm soils of prime or statewide significance shall be avoided and total lot coverage on lands meeting these criteria shall not exceed 20% of the soils so designated on the lot.

(2) The following shall apply:

(a) If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(b) Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(c) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

(3) Standards.

(a) Height and setback. The height of the large-scale solar energy systems shall not exceed 15 feet when oriented at maximum tilt. With the exception of underground conduits, all structures shall be set back no less than 100 feet from all property lines.

(b) Area of use. The maximum area for a large-scale solar energy system shall be 20 acres.

(c) The large-scale solar energy system shall be designed and oriented in a manner that prevents reflective glare being viewed from roads or adjacent structures.

(d) A grading 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.

(e) Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent. Native, pollinator plant species shall be used.

(f) Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on-site.

(g) All local stormwater regulations shall be complied with. The applicant shall comply with the state pollutant discharge elimination system guidelines. If determined to be required, a SWPPP (stormwater pollution prevention plan) shall be prepared and 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.

(h) All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Town of Wawarsing Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.

(i) 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.

(j) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(k) A decommissioning plan, as detailed in Appendix E,[3] shall be prepared. Compliance with this plan shall be made a condition of the issuance of a special use permit.

[3] Editor's Note: Said appendix is included as an attachment to this chapter.

(l) The solar energy production facility shall comply with § 112-23, General commercial and industrial standards.

(4) Miscellaneous.

(a) Solar systems which export energy shall not be permitted in any national or New York State Designated Historic District, or in the Ridge Protection District.

(b) There shall be no clear cutting of wooded areas greater than five acres and clear cutting of wooded areas greater than 10 acres, in the aggregate is prohibited.

(c) Visual analysis shall be required for all installations over five acres in size.

(5) Ground-mounted facilities and associated structures shall be screened such that visibility will be minimized from the road and from adjacent properties. The Planning Board shall require landscaping and screening, for purposes of separating incompatible activities and for shielding adjacent uses and adjacent properties from negative impacts. The screen shall consist of natural undisturbed wooded areas unless the Planning Board approves alternative screening, such as a buffer consisting of a solid fence of wood or other compatible material in compliance with the Town's fence height ordinance and/or a twenty-foot-wide dense evergreen planting not less than six feet high at the time planted. Where a natural buffer cannot be retained or does not exist, evergreen planting is the preferred buffer unless it can be demonstrated the fencing will provide a more effective buffer in particular circumstances.

(6) Registration of large-scale solar energy system.

(a) Purpose. The Town of Wawarsing desires to develop a registration system to ensure all large-scale solar energy production facilities are properly maintained and to ensure all owners properly maintain and inspect their facilities.

(b) All owners of large-scale solar energy production facilities located in the Town of Wawarsing shall be required to register the facility upon granting of a certificate of occupancy. Facilities in existence as of the effective adoption date of this chapter shall have 60 days from the filing of this chapter to register.

(c) The local large-scale solar energy system registration shall be administered by the Code Enforcement Officer. The Town Board shall establish the fees structure for the registration which may be amended by resolution from time to time.

(d) Registration shall be effective for a three-year period, with renewal required prior to expiration date. Recertification shall be required for year two and three as described in this chapter.

(e) Registration requirements. The owner shall provide and certify to the Town the following:

[1] The name, mailing address, phone number, email address, and an emergency contact name for the corporation or owner of the solar energy production facility.

[2] The name, mailing address, phone number, email address, and an emergency contact name for each entity which leases space from the facility owner.

[3] Written certification the large-scale solar energy production facility is in compliance with the approval and in compliance with all applicable codes, laws, rules, and regulations

[4] Written certification on-site vegetation has been maintained to ensure the desired screening effect.

(7) Inspection of facilities. The owner and any and all lessees, renters, and/or licensees of large-scale solar energy production facilities shall agree, in writing, to allow the Code Enforcement Officer access to inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification, and maintenance of such facilities, including, but not limited to, solar panels, support structures, and buildings or other structures constructed or located on the permitted site to verify accordance with any applicable technical, safety, fire, building, and zoning codes, laws, regulations, and other applicable requirements.

(8) Notification of termination of use. The owner shall sign a letter of commitment, which shall commit the large-scale solar energy production facility owner and its successors and assigns to notify the Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances shall be deemed a violation punishable under applicable provisions of this chapter. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Sixty days after proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Wawarsing may commence legal proceedings and have the facility removed from the site in accordance with all applicable law.

(9) Annual certification. Recertification by the facility owner of the following information shall be required for year two and three of each registration period and be due on the anniversary date of registration.

(a) The name, mailing address, phone number, email address, and an emergency contact name for the corporation or owner of the solar energy production facility.

(b) The name, mailing address, phone number, email address, and an emergency contact name for each entity which leases space from the facility owner.

(c) The large-scale solar energy production facilities are in compliance with the approval and in compliance with all applicable codes, laws, rules, and regulations

(d) Renewal of registration. Registrations shall be required to be renewed beginning with a period of time 90 days prior to expiration until the anniversary date of the registration.

(e) Changes in registration information. The owner shall provide notice to the Town of any changes in registration information within 30 days of such change.

(10) Decommissioning plan for solar energy systems.

(a) Any use which requires approval by the Planning Board shall include a decommissioning plan approved by the Planning Board.

(b) The decommissioning plan shall specify that after the solar energy system will no longer be used, it shall be removed by the applicant or any subsequent owner and shall include a signed statement from the party responsible for completing the decommissioning plan acknowledging such responsibility.

(c) The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.

(d) The plan shall state disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations.

(e) The plan shall include an expected time line for execution.

(f) The plan shall include a cost estimate detailing the projected cost of executing the decommissioning plan prepared by a professional engineer or contractor. Cost estimations shall take into account inflation.

(g) Removal of solar energy systems must be completed in accordance with the decommissioning plan. If the solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.

(11) Abandonment and removal of energy systems.

(a) Any solar energy facility which ceases to operate shall be wholly removed from the site. "Ceases to operate" is defined as not performing all normal functions associated with operation of the solar energy facility and its equipment on a continuous basis for a period of one year.

(b) In the event the solar energy facility is not so removed, the Town Board, upon notice from the Code Enforcement Officer shall give written notice to the owner of such facility i) stating that the solar energy facility is considered abandoned, and ii) setting a time, date and place for a public hearing. Such public hearing shall be on not less than 30 days notice to such owner. Upon a finding that the solar energy facility has been abandoned, the Town Board shall deliver written notice to the facility owner indicating the reasons for its finding, and directing that the solar energy facility be removed within 120 days. In the event that the solar energy facility is not so removed, the Town Board may commence an action in Supreme Court against the owner of such facility seeking an order requiring the removal.

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

(d) Should the Town remove the solar energy facility pursuant to this subsection; the Town shall charge back any costs against the owner and/or applicant. If the owner of said property does not pay said charges, they shall be included as a part of the next Town tax bill, and said charge shall be due and payable by said owner at the time of payment of said bill.

V. Solar energy system, subdivision.

(1) When an application for a subdivision incorporates a solar energy system as a subdivision energy source, the following standards shall apply:

(a) A subdivision solar energy system shall only provide power for use by owners, lessees, tenants, residents, or other occupants of the subdivision to which it shall be accessory, 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.

(b) A subdivision solar energy system requires site plan approval in addition to approval of the subdivision to which it is accessory.

(c) The subdivision solar energy system shall be located on one lot of the subdivision. The lot size shall be sufficient to incorporate all appurtenances associated with the solar energy system.

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

(e) A homeowner's association shall be established to operate and maintain the solar energy system.

(2) Site plan requirements. A subdivision solar energy system shall comply with all the site plan requirements set forth in this chapter in addition to the subdivision requirements of Chapter 95. The subdivision solar energy system shall meet the requirements of § 112-35A through E, in addition to the following:

(a) Maximum area. The maximum lot area for a solar energy system designed shall be two acres.

(b) Height and setback. The height of the subdivision solar energy system shall not exceed 15 feet when oriented at maximum tilt. All components of the system, except for underground utility lines, shall be set back 100 feet from any property line. The system shall be a fixed tilt system.

(c) The subdivision solar energy system shall be located on an interior lot of the subdivision and shall not adjoin an adjacent residential property outside of the subdivision, unless waived by the Planning Board. Where the Planning Board grants a waiver, the Planning Board shall require appropriate screening to eliminate the visibility of the subdivision solar energy system from adjoining residential properties. Screening may include increased setbacks, landscaping, a fence, or combination thereof.

(d) Inverters shall be located in a manner that eliminates adverse noise impacts to on-site or adjoining residential uses.

(e) The subdivision solar energy system shall be situated so as to prevent reflective glare onto roads or adjacent structures.

(f) The subdivision solar energy system shall be sited preferably in a manner which limits impacts to large unbroken blocks of contiguous open space.

(g) A grading plan shall be submitted. 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.

(h) Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on-site.

(i) Noninvasive ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, and non-fertilizer-dependent. Native, pollinator-friendly plant species shall be planted.

(j) The subdivision solar energy system and all disturbances associated with same shall be evaluated and incorporated into any SWPPP (stormwater pollution prevention plan) for the subdivision.

(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. Utilities shall be underground and shall comply 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) The applicant shall provide a fence around the perimeter of the subdivision solar energy system as required by applicable electrical code regulations.

(m) 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.

(n) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming, which shall be borne by the HOA. The HOA offering plan shall be submitted for review by the Planning Board Attorney, and covenants and restrictions may be required to be placed on the property.

(o) A decommissioning plan, as detailed in § 112-41N(10), shall be prepared and approved by the Planning Board.

W. Adult uses.

(1) Findings. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in residential and commercial areas, including a 1996 study by the City of Newburgh, a 1994 study by the City of New York, and a 1980 study by the City of Islip, the Town Board hereby finds that adult uses have negative secondary impacts such as a deterioration of community character and quality of life, depreciation of property values, increase in crime rates, and the blighting or downgrading of surrounding neighborhoods and commercial uses.

(2) Purpose. In the development and execution of this section, it is recognized that there are some adult uses which, because of their very nature, are recognized as having serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods or land uses, increase crime or police calls, contribute to the spread of prostitution and AIDS, increase the quantity of transients in residential and commercial areas, cause a deterioration in the quality of life in residential neighborhoods, increase the accessibility of adult-oriented material and entertainment to minors, and encourage residents and businesses to locate elsewhere.

(3) Separation requirements applicable to adult uses. Adult uses shall be limited to existing industrial and rural districts. They shall be considered special uses subject to site plan review. Because adult uses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult uses, accentuate the negative impacts on the area. These distances shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult use to the nearest property line of the premises incorporating any of the above-listed uses.

(a) No adult use shall be located within a 200-foot radius of any other residential or commercial zoning district or another adult use.

(b) No adult use shall be located outside a RU Rural District or within a 1,000-foot radius of the property of any residence, residential facility, institution, health facility, child-care center, church, synagogue, other place of religious worship, school, public or semipublic use, public park or recreation facility, youth-oriented center, playground or playing field, cemetery or any establishment that sells alcoholic beverages.

(4) Exterior display prohibited. No adult use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.

(5) Signage. Adult-use signage shall be limited to one approved ground sign not to exceed a surface area of 36 square feet for both sides combined.

(6) Nonconforming buildings. No nonconforming building or lot shall be used for an adult use.

(7) Activities. Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented or other business or any other public place within the Town of Wawarsing:

(a) Public appearance by a person knowingly or intentionally engaged in specified sexual activities.

(b) The knowing and intentional public appearance of a person in a state of nudity.

(c) Touching of patrons or the performance by any entertainer in an adult use facility within six feet of the nearest patron.

(d) Sale of alcoholic beverages.

(8) Loudspeakers. No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.

§ 112-42 through § 112-44. (Reserved)