Town of North East, NY Article VIII Supplementary Regulations

§ 180-38 Applicability.

The supplementary regulations in this article are in addition to those of Article V and, unless otherwise indicated, shall apply in all classes of districts.

§ 180-39 Access to commercial or industrial uses.

No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residence district for the servicing of any use located in a business or industrial district.

§ 180-40 Country inns.

[Added 8-14-1986 by L.L. No. 2-1986]

A. Purpose. A country inn is a use that occupies and provides for rehabilitation of the premises of an existing large residential structure located in the Agricultural (A5A) District or the Very Low Density Residential (R3A) District, with access on arterial highway Route No. 22, 44 or 199. The primary purpose of the country inn shall be the service of food and lodging to transients while maintaining the rural appearance and character of the area. A country inn is a use considered under special permit and licensing procedures in order that a determination is made that the use conforms to the standards of Article VI and the purpose and standards specified in this section, and that the use in its particular location, and in its operation, is consistent with the purpose and intent of this chapter.

B. Tract. A country inn use shall be located on a lot of at least 20 acres having a frontage of 400 feet or more on arterial highway Route No. 22, 44 or 199 and shall have adequate access to said highway.

C. Country inn premises.

(1) The country inn use shall have access only from such arterial highway and shall provide for the rehabilitation and conservation of the existing residential structure and usable outbuildings. The main residential structure shall be an existing residential structure containing not less than 3,000 square feet of floor area, excluding basements at the time of the enactment of this section, and the use shall consist of not less than five and not more than 24 rental sleeping rooms for transient lodging in existing buildings or additions thereto, plus the dwellings that may be occupied by the proprietor of the inn and persons employed in the conduct of the use.

(2) Any addition or new building shall maintain the architectural integrity, height and bulk of the existing structures. The floor area of any addition or new building shall not exceed 50% of the floor area of the existing main residential structure.

(3) The country inn use may include the following accessory uses:

(a) An indoor restaurant having a dining room of no more than 1,000 square feet.

(b) Indoor and outdoor recreation facilities for use only by occupants of the rental sleeping rooms.

(c) Off-street parking and loading facilities.

D. Yards: front, rear and side. There shall be front, rear and side yards of a minimum of 100 feet in depth, into which there shall be no encroachment by buildings, structures, recreation facilities, pavement or parking spaces, other than access drives to the arterial highway or permitted signs.

E. Landscaping.

(1) The tract shall be maintained by proper agricultural, forest management and/or conservation practices so as to continue the rural appearance of the tract and area. In addition, the country inn premises shall be appropriately landscaped so as to maintain the rural appearance from the arterial highway and adjacent properties.

(2) When any building, recreation facility or parking space is located within less than 400 feet of an existing dwelling on an abutting lot, a strip of land, at least 50 feet in width, along and adjacent to such lot shall be planted with evergreen shrubs and trees of such type, height and arrangement as will effectively screen the activity from the abutting existing dwelling.

F. Parking. At least one off-street parking space shall be provided for each rental sleeping room, plus one space for each person employed on the premises in connection with the use. If the use includes a restaurant as an accessory use, off-street parking spaces for such uses shall be provided as specified in § 180-50B. One off-street parking space for loading and unloading of a commercial vehicle shall be provided in connection with the country inn use. Parking shall be strictly limited to designated off-street parking spaces.

G. Illumination. Outdoor illumination, including illumination of signs, shall be designed to avoid sky glow and disability veiling glare, as well as trespass illumination at the boundary of the tract. Luminaires shall be located or shielded so as to deliver no more than 0.05 footcandle of illumination at the property line, measured in both a horizontal and vertical plane at such line. Illumination of signs shall be limited to floodlighting and floodlighted background silhouette signs.

H. Noise. Provision to be made for music, entertainment or other unusual sources of sound in connection with the use shall be specified at the time of application for the special permit or any amendment thereto. There shall be no electronic sound speakers located outdoors. No continuous sound or frequent impulse sound shall be generated by the use and transmitted outside the lot as to exceed 55 decibels between 7:00 a.m. and 10:00 p.m. and 45 decibels between 10:00 p.m. and 7:00 a.m., or greater than five decibels above the ambient noise at the point on the boundary of the lot where measured, whichever is greater.

I. Site plan; codes. The site plan submission specified in Article VII is required in connection with an application for a special permit for a country inn use. A complete plan of existing and proposed landscaping shall be included in the site plan submission. In addition, the applicant shall demonstrate that the proposed use, including rehabilitation of the farmhouse premises and new construction, can be completed in a manner to conform to all current requirements of the New York State Sanitary Code, the Fire Code, the Dutchess County Department of Health, the access requirements of the owner of the arterial highway and other applicable codes, statutes, ordinances and laws. In its site plan approval process, the Planning Board shall have the authority to limit the maximum number of permitted parking spaces so as to ensure that the use of the premises will be consistent with the purposes set forth in § 180-40A of this chapter.

J. License required for country inn.

(1) It shall be unlawful within the Town for any person or persons to operate a country inn without first securing a written license from the Town Board and complying with the regulations of this chapter. Such license shall be issued only after special permit approval, site plan approval and construction in accordance with the approval plans.

(2) Licensing requirements: fee, form, expiration, revocation inspections:

(a) The application for such license, or renewal thereof, shall be filed with the Town Clerk and shall be accompanied by a fee as set forth by the Town Board fee schedule.[1]

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

(b) The application for a license or renewal thereof shall be on forms prescribed by the Town and shall include the name and address of the owner in fee of the property. If the fee ownership is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by the owner to construct or operate a country inn shall accompany the application.

(c) Each license or renewal thereof shall expire two years from the date of its issuance. An application fee for renewal of a license shall be made 60 days prior to its expiration. The Town Board may issue a temporary license, in its discretion, pending its determination of the application.

(d) The application for the license, or renewal thereof, shall be granted if the Town Board finds that the applicant is, and/or will be, operating the country inn in accordance with the purpose of the country inn as defined in § 180-40A of this chapter and in accordance with the purposes, procedures and standards set forth in Articles I, VI, VII and VIII of this chapter and all remaining provisions of this chapter. The Town Board, in making its determination, shall refer the matter to the Planning Board for verification of compliance with the requirements of Article VII of this chapter and with the conditions of the site plan approval, to the Zoning Board of Appeals for verification of compliance with Article VI of this chapter and with the conditions of the special permit approval and to the Zoning Enforcement Officer for investigation and verification of compliance with all other provisions of this chapter. The Planning Board and the Zoning Board of Appeals may, in their discretion, require the Zoning Enforcement Officer to investigate and examine the country inn premises of the applicant for compliance with the applicable ordinances and conditions of approval and to report his or her findings to the Board. The Town Board, Zoning Board of Appeals and the Planning Board may require the applicant to appear before it and submit any additional documentation and/or information required by the Boards in making their respective verifications and determinations. This section shall not be interpreted as a limitation on the powers of the Zoning Board of Appeals, Planning Board and/or Zoning Enforcement Officer vested in them by this chapter, or by any other provision of the Town of North East Code.

(e) The Town Board shall have the authority to enter and inspect any facility licensed hereunder, at any reasonable time, for compliance with the provisions of this chapter. The Board, in its discretion, may delegate this inspection authority to the Zoning Enforcement Officer. Whenever the Town Board has reasonable grounds to believe that any licensee is in violation of the provisions of this chapter, it shall notify such licensee of such violation, together with a demand that such violation is corrected or terminated. Such notice shall be in writing and shall state the nature of the violation and advise the licensee of his right to be heard on the matter of the alleged violation. Such notice may be served upon the person to whom it is directed by delivering it personally to him or by posting the same upon a conspicuous portion of the premises or by sending a copy of such notice by registered mail. In the event that such violation shall continue for a period of five days after the service or mailing of such notice, as herein set forth, the Town Board may revoke the license after providing the licensee with an opportunity to be heard. After such violation of any provision of this chapter has been remedied and/or corrected, the Town Board may, in its discretion, reissue the license.

§ 180-41 Drive-in businesses.

Plans for the erection or structural alteration of drive-in business establishments, as herein defined, shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.

§ 180-42 Dwellings.

A. Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.

B. Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose surface is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.

§ 180-43 Educational centers and institutions.

[Amended 2-24-1983 by L.L. No. 1-1983]

A. Location. No special permit shall be granted for the construction or expansion of an educational center or institution unless such center or institution has a minimum of 400 feet of frontage on a road designated as an arterial or collector road in the Comprehensive Plan adopted by the Town or unless the Zoning Board of Appeals shall find that there exists suitable and appropriate ingress and egress to and from the center or institution based upon the character of the nonarterial or noncollector road and upon the character and density of the neighborhood affected measured as against the potential for increased traffic and the safety and health of residents in the neighborhood so effected.

B. Coverage and bulk. The maximum coverage shall be 5%. The maximum floor area ratio shall be 0.05.

C. Yards, front, rear and side. No part of any building or structure, pavement or parking space shall extend nearer than 200 feet to a property line or side line of a street or 250 feet from the center line of a street, whichever requires the greater setback from the street line.

D. Structures. No more than one structure shall be used for administration, housing of students and faculty or dining halls per five acres of site area. Structures shall meet all requirements of the New York State Sanitary Code, Fire Code and all other applicable regulations.

E. Place of assembly. No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan of the Town of North East. Where feasible, entrances and exits should be on primary streets and not on streets intended for predominantly residential use.

§ 180-44 Frontage on public street.

A. No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.

B. No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.

C. No building in the rear of a main building on the same lot may be used for residential purposes, except for domestic employees of the occupants of the main building.

§ 180-45 Junkyards.

A. Location. No junkyard, as herein defined, shall be located less than 1,000 feet from a district boundary line in which junkyards are not a permitted use.

B. Setback. No material shall be stored less than 50 feet from any property line of a junkyard.

C. Fencing. All stored material shall be surrounded by a solid wall or fence at least eight feet high, which visually blocks the view of such material to that height. Said wall or fence shall be constructed of material in good condition and kept in good repair. Where appropriate, landscaping may be required.

D. Visibility. Junkyards shall comply with § 136 of the General Municipal Law with particular reference to aesthetic considerations. The Town may require such additional requirements as may be deemed appropriate.

E. Water pollution. No junkyard shall be so situated that the material stored therein in any way, either through direct contact or through runoff, pollutes the bed of any natural or man-made watercourse or other body of water.

F. Air pollution. No material shall be burned in any junkyard, nor shall material be stored in any such junkyard that offensively affects the sense of smell at any property line of the junkyard.

§ 180-46 Mobile homes.

A. Except as provided in Article V, no mobile home shall be parked or occupied in the Town of North East outside of an approved mobile home park for more than 48 hours, except upon a special permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.

B. As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Town Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.

C. Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:

(1) No mobile home shall be located closer to the street line or any other property line than 100 feet.

(2) Individual mobile homes shall be placed on a lot area of not less than 6,000 square feet with a minimum width of 60 feet.

(3) No mobile home or portion thereof shall be placed any closer to any other mobile home or portion thereof than 35 feet.

(4) Water supply and sewage disposal shall be provided in a manner approved by the Dutchess County Health Department.

(5) Such mobile homes may be exempted from minimum floor area requirements.

D. Also as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet in area.

E. The provisions of § 180-47D(4) and (5) shall apply to all individual mobile homes.

§ 180-47 Mobile home parks.

A. License required for a mobile home park.

(1) It shall be unlawful within the Town for any person or persons to construct or operate a mobile home park without first securing a written license from the Town Board and complying with the regulations of this chapter.

(2) Licensing requirements: fee, form, expiration; inspections.

(a) The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee computed as set forth by the Town Board fee schedule, based upon the maximum number of proposed mobile home units as shown in the application. The minimum fee for an annual permit shall be as set forth by the Town Board fee schedule. Thereafter, each mobile home shall be assessed on the tax rolls of the Town against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law.[1]

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

(b) The application for a license or renewal thereof shall be made on forms prescribed by the Town and shall include the name and address of the owner in fee of the tract. If the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application.

(c) Each license or renewal thereof shall expire on the 30th day of April following the issuance thereof. An application for renewal of a license shall be made 30 days prior to its expiration.

(d) A license or renewal shall not be issued until the park or park site has first been checked by the Zoning Enforcement Officer for verification that the park or park site complies with the regulations of this chapter.

(3) Notwithstanding any of the above provisions, a mobile home park consisting of three mobile homes or less shall not be required to obtain a license or pay a fee, but all other regulations of this section shall apply.

B. Required application information. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park, and shall furnish the following information:

(1) Boundaries of plot areas.

(2) Entrances, exits and walkways.

(3) Mobile home sites or lots.

(4) Method and plan of sewage disposal.

(5) Method and plan of garbage and refuse disposal.

(6) Water supply.

(7) Electric lighting.

(8) Owner's and operator's name and address.

C. Park plan.

(1) A mobile home park or house trailer camp shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to the street line or other property line than 50 feet. Margins along the side and rear property line of the mobile home park shall be planted with at least one row of deciduous and/or evergreen trees spaced not more than 40 feet apart. The minimum height of plantation must be three feet.

(2) A mobile home park or house trailer camp shall be located on a well-drained site, suitable for the purpose, with all roads paved or covered with calcium chloride to a width of at least 24 feet.

(3) Individual mobile home lots shall have an area of not less than 6,000 square feet, with a minimum width of 60 feet.

(4) No mobile home or portion thereof shall be placed closer to any other mobile home or portion thereof than 35 feet.

(5) The total number of mobile home lots shall not exceed six per gross acre.

D. Additional provisions. Each mobile home park and each individual mobile home shall be provided with sanitary conveniences, services and utilities, including water supply, sewage disposal and garbage disposal commensurate with the following:

(1) Water supply.

(a) A sufficient supply of pure healthful drinking water approved by the Dutchess County Health Department.

(b) If the water is from a private source, periodic tests shall be made as requested by the Dutchess County Health Department at the expense of the licensee.

(2) Sewage disposal. Waste from each mobile home shall be wasted into a public sewer system in a manner approved by the Dutchess County Health Department or into a private sewer system and disposal plant or septic tank approved by the same Department.

(3) Refuse disposal.

(a) Adequate refuse receptacles with tight-fitting covers shall be provided for each mobile home.

(b) These receptacles shall be kept in sanitary condition and emptied weekly by the licensee or his agent.

(4) Storage. Storage space within a building shall be provided in an amount equal to at least 80 square feet for each mobile home lot in the mobile home park.

(5) Maintenance.

(a) The underportion of the mobile home shall be properly enclosed within 30 days.

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

(6) Registration.

(a) The licensee shall keep a record of all occupants of the park, noting name and address of each occupant, license numbers of all units and the state issuing such license, if licensed.

(b) The licensee shall keep a copy of the register available for inspection at any reasonable time by any authorized person and shall not destroy such a registry until the expiration of 12 months from the date of registration.

(7) Inspection. Before any park commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter shall have been complied with and shall issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.[2]

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

(8) Revocation or suspension of license.

(a) The Town Board shall have the authority to enter and inspect, for health, sanitary and other provisions of this chapter, any facility licensed hereunder, at any reasonable time.

(b) If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the power to suspend such license and order the mobile home removed or the mobile home park closed after notice and an opportunity to be heard.

(9) Parking spaces.

(a) Parking spaces shall be provided at the rate of at least two car spaces for each mobile home.

(b) Parking spaces required in Subsection D(9)(a) above shall be not less than 300 square feet per space in area.

(10) Snow removal. Roads shall be kept free of snow by the licensee.

(11) Recreation. Each mobile home park shall set aside an area for recreational use not less than 10% of the total land area of the park.

E. Nonconforming mobile homes and parks. Mobile homes presently located in nonconforming mobile home parks may be replaced on existing lots within said mobile home parks; however, any expansion or additions to said mobile home park must conform to the regulations provided in this chapter.

§ 180-48 Motels.

Motor courts or motels, where allowable under this chapter, shall conform to the following requirements:

A. Each rental structure shall contain at least eight rental units.

B. Automobile parking space to accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises, shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by §§ 180-50 and 180-51.

C. Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures and those of any accessory uses shall be properly connected to the Town water and sewer systems, or other arrangements for water supply and sewage disposal shall be made which shall be approved by the Dutchess County Department of Health.

§ 180-49 Obstruction of vision at intersections.

A. In all districts, on a corner lot, within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street at the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.

B. Sight distance for various street widths.

	Street Right-of-Way (feet)	Distance from Intersection (feet)
	80 or more	120
	70 to 79	110
	60 to 69	100
	50 to 59	90
	40 to 49	80
	Under 40	70

§ 180-50 Off-street parking and automobile storage.

A. General provisions.

(1) Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure; at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. Except in a driveway, no required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter.

(2) If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

(3) Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving as a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space, nor shall any required loading and unloading space be substituted for parking space.

(4) The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use shall not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.

(5) No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property and, except in connection with a one-family dwelling, it is necessary to use any part of a street right-of-way for approach, turning and exit of an automobile.

[Amended 10-13-1988 by L.L. No. 4-1988]

(6) The parking spaces provided along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Zoning Enforcement Officer at the time application for building permits are to be filed. Such parking areas shall be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks of street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.

(7) Each automobile parking space shall be of such shape as to contain a rectangle having dimensions as follows and vertical clearance, access and slope as to accommodate one automobile:

[Added 10-13-1988 by L.L. No. 4-1988]

(a) Nine feet by 18 feet to accommodate an automobile 18 feet in length.

(b) Eight feet by 15 feet to accommodate a small automobile 15 feet in length, when authorized under Subsection A(8).

(c) Fifteen feet by 18 feet to accommodate an automobile 18 feet in length and reserved for use by physically handicapped persons, which width may be reduced to 12 feet when the space is one of two or more such reserved spaces side by side in a row.

(8) The Planning Board, in connection with approval of a site plan under Article VII, may authorize a reasonable number of off-street parking spaces required in connection with a use to conform to the dimensions specified for small automobiles in Subsection A(7) when the use will consist of a single proprietorship other than a retail business, the number of off-street parking spaces required is 100 or more, the proprietor demonstrates that there will be a system of assigned parking spaces and that there is sufficient and suitable area on the lot to provide the full number of required off-street parking spaces for automobiles 18 feet in length and in compliance with all other requirements of this chapter.

[Added 10-13-1988 by L.L. No. 4-1988]

(9) The Planning Board, in connection with approval of a site plan under Article VII, may authorize off-street parking spaces less in number than specified in Subsection B if the Planning Board determines that the following standards and conditions are met:

[Added 10-13-1988 by L.L. No. 4-1988]

(a) The number of spaces provided on the site plan are sufficient to accommodate the vehicles of all persons using and visiting the particular use or occupancy of a building, structure or land proposed on the site plan and specified in the statement of use submitted under § 180-35A;

(b) There is sufficient and suitable area on the lot to provide the full number of spaces specified in Subsection B and in compliance with all other requirements of this chapter; and

(c) The approval shall be applicable only to the particular use or occupancy of the building, structure or land specified in such statement of use, and the site plan so approved and any building permit and certificate of occupancy issued for the use shall be null and void in the event that such use or occupancy is changed to another use or occupancy.[1]

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

(10) No commercial motor vehicle of more than one ton's capacity shall be parked or stored overnight on the street in any residential district.

[Amended 10-13-1988 by L.L. No. 4-1988]

B. Detailed provisions.

[Amended 10-13-1988 by L.L. No. 4-1988]

	Use	Number of Parking Spaces Required
	Amusement facilities	1 for every 5 customers, computed on the basis of maximum servicing capacity at any one time, plus additional space for every 2 persons regularly employed on the premises
	Apartment houses (multifamily dwellings, row houses or townhouses and apartment hotels)	1 1/2 for each dwelling unit
	Auditorium	1 for every 5 seats occupied at maximum capacity
	Boardinghouse	1 for each sleeping room occupied by roomers or boarders, plus 1 for each dwelling unit on the premises and plus 1 additional space for every 2 persons regularly employed on the premises
	Bowling alleys	As listed under amusement facilities
	Churches	As listed under auditorium
	Civic centers	Parking or storage space for all vehicles used directly in the operation of such establishment, plus 5.5 parking spaces per 1,000 square feet of floor area
	Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and other similar organizations	1 for every 50 square feet of aggregate floor area in auditorium, assembly hall and dining room of such building, plus 1 additional space for every 2 persons regularly employed on the premises
	Colleges (educational institutions)	1 for every 5 seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium or gymnasium, 1 parking space shall be provided for each person regularly employed at such institution, plus 5 additional spaces for each classroom.
	Dental clinics	3 for each doctor or dentist, plus 1 additional space for every 2 regular employees
	Dormitories	1 for every 2 beds, computed on the basis of the maximum bed capacity of the structures; this requirement is in addition to the parking space as set forth under colleges
	Eating establishments	1 for every 100 square feet of total floor area
	Electrical shops	Parking or storage space for all vehicles used directly in conduct of the business, plus 1 parking space for each 2 persons regularly employed on the premises
	Fraternity houses	As listed under dormitories
	Freight terminals	Parking or storage space for all vehicles used directly in the business, plus 1 parking space for each 2 persons regularly employed on the premises
	Funeral homes	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 parking space for every 2 persons regularly employed on the premises and 1 space for every 6 seats in the auditorium or chapel at such establishment; if the establishment does not have a chapel or auditorium, the additional parking to be required for funeral visitors shall be determined by the Board of Appeals, based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors
	Hospitals	1 for every 2 beds intended for patients, excluding bassinets
	Indoor retail or service business	Parking or storage space for all vehicles used directly in the conduct of such business, plus 5 spaces per 1,000 square feet of floor area, excluding floor area in basements used only for storage, maintenance and utility systems that are ancillary to uses in the building
	Industrial plants and facilities	Parking or storage space for all vehicles used directly in the conduct of such industrial use, plus 1 space for every 2 employees on the premises at the maximum employment on a single shift
	Junior high schools (secondary)	1 for every 5 seats occupied at maximum capacity in the assembly hall, stadium or gymnasium of greatest capacity on the school grounds or campus; if the school has no assembly hall, auditorium, stadium or gymnasium, 1 space shall be provided for every person regularly employed at such school, plus 2 additional spaces for each classroom
	Medical clinics	As listed under dental clinics
	Mobile home parks	As required in § 180-47
	Mobile homes	2 for each mobile home
	Motels	As required in § 180-48
	Nursing home	1 for every 2 beds, computed on the basis of the maximum bed capacity of the structure; this requirement is in addition to the parking space requirements for hospitals
	Offices	1 for every 250 square feet of floor area used for office space and access thereto, excluding floor area in basements used only for storage, maintenance and utility systems that are ancillary to office uses in the building
	Outdoor retail business	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 space for every 2 persons employed on the premises in maximum seasonal employment and such additional space as may be required by the Board of Appeals based on the nature of the business and other related factors
	Plumbing shops	As listed under electrical shop
	Post offices	As listed under civic centers
	Private schools	As listed under junior high schools
	Public assembly	As listed under auditoriums
	Public garage, motor vehicle repair	Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus 3 spaces for each person regularly employed on the premises
	Public school (elementary)	1 for each person regularly employed at such school, plus 1 additional space for each classroom
	Recreational centers and facilities	As listed under amusement facilities
	Repair shops	As listed under electrical shops
	Residences (one-family, two-family and semidetached dwellings)	2 for each dwelling unit
	Residences (dwelling unit with home occupation)	4
	Restaurants	As listed under eating establishments
	Roofing shops	As listed under electrical shops
	Rooming houses	As listed under boardinghouse
	Self-service laundries and/or dry-cleaning plants	1 for every 2 washing machines and/or 2 dry-cleaning machines
	Senior high school (secondary)	As listed under junior high schools
	Service establishment	As listed under indoor retail or service business
	Service station, motor vehicle	Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 space for each gas pump, 3 spaces for each grease rack and 1 space for every 2 persons employed on the premises at maximum employment on a single shift
	Sorority house	As listed under dormitories
	Stadium	As listed under auditorium
	Swimming pool	As listed under amusement facilities
	Tavern	As listed under eating establishments
	Theater	As listed under auditorium
	Transportation terminal	1 for every 100 square feet of waiting room space, plus 1 additional space for every 2 persons regularly employed on the premises
	Trucking terminal	As listed under freight terminals
	Warehouses	As listed under freight terminals
	Wholesale business	Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 space for each 2 persons employed on the premises based on maximum seasonal employment

§ 180-51 Off-street parking for commercial vehicles while loading and unloading.

A. General provisions.

(1) On the same premises with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space.

(2) Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. Off-street loading and unloading space shall be provided as set forth below at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity.

B. Detailed provisions.

	Use	Number of Required Loading/Unloading Space	Minimum Dimensions
	Freight terminals	1 for every 5,000 square feet of total floor space area	12 feet by 55 feet by 14 feet high
	Hospitals	1 in addition to any necessary emergency unloading space for ambulances	12 feet by 35 feet by 14 feet high
	Hotels	1	12 feet by 35 feet by 14 feet high
	Indoor markets	1 for every 7,500 square feet or less of total floor area	12 feet by 55 feet by 14 feet high
	Industrial plants	1 for every 10,000 square feet of total floor area, or as required by the Board of Appeals	12 feet by 55 feet by 14 feet high
	Retail business	As listed under indoor markets
	Service establishments	As listed under indoor markets
	Trucking terminals	As listed under freight terminals
	Warehouse	As listed under freight terminals
	Wholesale storage facilities	As listed under freight terminals

§ 180-52 Public garages and motor vehicle service stations.

A. No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, if the entrances are on opposite sides of the street, and along the street frontage, if both entrances are on the same side of the street or within the same square block.

B. All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet, or closer to any street line than 10 feet.

C. No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than two weeks.

D. All waste material shall be stored within a structure or enclosed within a fencing at least eight feet high and not visible at any property line of the establishment.

E. On any streets which provide access to gasoline pumps, all repair facilities shall be at least 15 feet farther from the street line than the side of the gasoline pumps farthest from the street line.

§ 180-53 Public stable.

A. Location of buildings. No building in which animals are housed shall be located less than 200 feet from any lot line.

B. Storage of manure. No manure shall be stored within 200 feet of any lot line.

§ 180-54 Quarries, sand and gravel pits, topsoil removal and major excavating, grading and filling.

A. Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under § 180-57, for a mixing plant in connection with a particular construction project for the period of its construction.

[Amended 9-11-1980 by L.L. No. 3-1980]

B. A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Board of Appeals where permitted by Article V as a special permit, under the conditions set forth in Article VI, provided that:[1]

(1) No permit shall be issued for an excavation covering an area of more than five acres.

(2) No permit shall be issued for a period of more than three years, except that upon application and after the procedure described in Article VI has been reinitiated and completed, a permit may be issued for an additional three-year period or portion thereof.

(3) No permit shall be issued unless the applicant provides a plan of reclamation to be effected before termination of operations meeting with the approval of the Board of Appeals. Such plan shall provide for the restoration of the premises through grading, seeding, sodding and other means to the end that the premises are left in a safe and attractive condition. Insofar as is practical, the plan will provide for the return of the premises to natural slopes and eliminate gullies and holes.

(4) Operations shall not be permitted below the water table; however, in the event that ponds are created during operations, care will be exercised that these do not become public nuisances. Insofar as it is possible, operations will not be permitted to disturb the natural drainage pattern of the area; however, if such does occur, the plan of reclamation shall provide for the restoration of the natural drainage pattern of the area. To assist the Board of Appeals in its deliberations the applicant shall provide a topographic survey prepared by a licensed professional engineer or a licensed land surveyor, showing the existing contours and the contours proposed to be established at the conclusion of the operation, such contours to be shown at two-foot intervals.

(5) No permit shall be issued unless a performance bond payable to the Town of North East, satisfactory to the Town Board as to the form and manner of execution, and in an amount estimated by the Board of Appeals necessary to effect the plan described in Subsection B(3) above, has been posted with the Town Clerk. Said bond shall not be released until a certificate of completion has been issued by the Zoning Enforcement Officer, certifying that the plan of restoration described in Subsection B(3) above, including any conditions imposed by the Board of Appeals, has been executed.

(6) Existing quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this chapter shall be discontinued within two years from the date of the adoption of this chapter. However, upon the expiration of this period, application may be made to the Board of Appeals for a permit as provided by Subsection B(1) through (5) above, inclusive.

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

C. In the operation of any quarry, sand or gravel pit, the following shall be observed:

(1) No excavation, blasing or stockpiling of materials shall be located within 300 feet of any public road or other property line.

(2) No power-activated sorting machinery shall be located within 600 feet of any public road or other property line, and all such machinery shall be equipped with satisfactory dust-elimination devices.

(3) All excavation slopes in excess of 50% shall be adequately fenced as determined by the Zoning Enforcement Officer.

(4) Extension of a nonconforming quarrying operation shall not be permitted.

(5) Major excavating, grading or filling, as herein defined, shall not be permitted except with the approval of the Board of Appeals.

§ 180-55 Signs and billboards.

[Amended 9-11-1980 by L.L. No. 3-1980; 9-3-2009 by L.L. No. 3-2009]

A. General provisions.

(1) Intent. The Town of North East has adopted the principles of the Greenway Compact Plan, which is embodied in a document entitled "Greenway Guide." This document includes guidelines for development planning, including a guide for signs. The revisions to the sign criteria of this chapter were developed with the recommendations of the Greenway Guide in mind. The text of the Greenway sign guide is hereby incorporated into this chapter as Appendix A.[1] The intent of these regulations is to:

(a) Reasonably control the physical characteristics of signs by regulating their size, height, location, number, and other characteristics.

(b) Protect the public health, welfare and safety of the community and the residents therein.

(c) Improve the community's visual appearance.

(d) Promote an attractive business environment.

(e) Maintain the rural character and scenic natural beauty of the community.

(f) Improve pedestrian and traffic safety.

(g) Enable the fair and consistent enforcement of these regulations.

(h) Encourage the installation of appropriate signs that harmonize with the buildings, neighborhoods and other signs in the area.

[1] Editor's Note: Copies of Appendix A are available in the Town offices.

(2) Sign permit approval required. Signs for the purposes of identification, direction, information, notice or warning are a permitted accessory use solely in conjunction with a principal permitted or special permitted use. Except as otherwise provided, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged, painted, or altered, except in conformity with the provisions of these regulations and as expressly approved by the Zoning Enforcement Officer in the sign permit approval process. Within 12 months following the effective date of this section, the Zoning Enforcement Officer shall provide a certificate of compliance to all owners of existing signs that conform to these regulations. The certificate of compliance will be considered equivalent to a sign permit.

(3) Continued conformance required. Continued conformance with all requirements shown on the sign permit or certificate of compliance shall be deemed to be a condition for the continuation of the sign permit. Any violation of a condition of such approval shall be subject to the same penalties as a zoning violation. In addition, the Planning Board shall not issue any other permit or certificate related to any property for which a notice of violation of these regulations has been served until said violation shall have been resolved to the satisfaction of the approval authority, or to the court, as appropriate.

B. Administration.

(1) Exempted signs. The following list identifies signs that are exempt from permit requirements. Any signs not on the list of exempted signs either require a permit or are prohibited:

(a) Residential identification signs for identifying a residence and for permitted home occupations, not exceeding two square feet and set back at least 10 feet from the public right-of-way. Such sign shall be limited to the house number, resident's name and/or home occupation (if any).

(b) One temporary, nonilluminated "for sale," "for rent," real estate sign or construction sign identifying the parties involved in the design, financing or provision of labor or materials used on the premises, not exceeding six square feet per face. Any such sign shall be removed within 21 days of sale, lease, rental, or completion of construction of the premises.

(c) Temporary, nonilluminated window signs and posters in aggregate not exceeding 10% of any window's surface.

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

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

(f) Traffic or other municipal signs, legal notices, danger, and such temporary emergency signs as may be approved by the Zoning Enforcement Officer.

(g) Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign, up to six square feet in area, located fully on the premises on which the sale is being conducted. All such signs may be displayed for a period of up to 48 hours in advance of the sale and up to 12 hours after its completion.

(h) Not more than one temporary event sign, not exceeding 32 square feet in surface area, displayed on private property, announcing a drive or event of a civic, philanthropic, educational or religious organization, to be erected not more than 21 calendar days prior to the event and removed within a period of 24 hours after the event.

(i) All temporary signs shall be removed in a certain time period.[2]

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

(j) One temporary sign for a farm stand selling agricultural produce grown on the premises in season, providing such sign shall not exceed 10 square feet and be set back at least 10 feet from the public right-of-way.

(k) Historical markers, when constructed of permanent materials such as bronze, stainless steel, or similar material; and wood emblems installed by government agencies, religious or nonprofit organizations; not exceeding six square feet.

(l) Not more than one temporary event banner, not exceeding 40 square feet in surface area, displayed over or along the highway right-of-way, subject to permission by the municipal department responsible for maintenance of the respective highway, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be erected not more than 21 calendar days prior to the event and removed within a period of 48 hours after the event.

(2) Application process.

(a) For permitted signs on property not subject to site plan approval, sign permit applications and payment of the required sign permit fee, in accordance with the Town of North East fee schedule, shall be submitted to the Zoning Enforcement Officer. The Zoning Enforcement Officer shall have 10 business days to issue or deny a sign permit.

(b) In a district or use that is subject to site plan approval, the application shall be referred to the Planning Board for site plan review (§ 180-34). Following site plan approval, the Zoning Enforcement Officer shall have 10 business days to issue a sign permit.

(3) Application content. The sign application shall include a scaled drawing depicting the proposed size, type, mounting, location and illumination of all signs to be constructed. The size, type and location of existing signs on the property shall also be stated. A full description of the placement and appearance of the proposed sign shall include the following:

(a) The position of the sign in relation to adjacent buildings, structures, property lines, other signs, lighting fixtures, walls and fences.

(b) Graphic design, including pictorial matter, letters, materials, and colors.

(c) Such other and additional information as may be reasonably required by the Zoning Enforcement Officer and/or Planning Board.

(4) Application fee. There is a fee for each sign permit application as per the fee schedule adopted by the Town of North East.

(5) Violations. Violations of this section shall be dealt with as set forth in § 180-97 of this chapter. Prior to any enforcement action, the Zoning Enforcement Officer shall notify the owner of the premises and, where feasible, the business identified in the sign, by certified mail of the violation, and such notice shall require compliance within seven days. Failure to cure the violation within seven days of notification will be cause for instituting further action in accordance with § 180-97.

C. Provisions applicable to all signs in all districts.

(1) Prohibited signs. All signs not expressly allowed under this chapter are prohibited in the Town of North East. Prohibited signs include:

(a) Beacons, banners, pennants, ribbons or similar moving, fluttering or revolving devices, except as expressly permitted in Subsection B(1), Exempted signs, and in Subsection I, Grand opening signs.

(b) Inflatable signs and tethered balloons.

(c) Off-premises signs, other than permitted in Subsection H.

(d) Billboards.

(e) Roof-mounted signs or signs otherwise mounted on a building in a way so as to extend above the wall of the building to which it is attached.

(f) Portable signs. With the exception of the temporary signs discussed in Subsection B(1) above, all signs shall be permanently and directly affixed to either the ground, a building or a sign structure.

(g) Posters.

(h) Signs that may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.

(2) Illumination and materials.

(a) Applicants are encouraged to construct signs of material most in keeping with the rural character of the Town, such as wood, stone or iron.

(b) The use of moving, blinking, intermittent, flashing, or internally illuminated signs is prohibited. Animated signs or signs which incorporate electronic, mechanical or electromechanical display elements are prohibited, with the exception of signs allowed by provisions of Subsection F(2)(b)[1][b]. No sign shall contain luminous or reflective material, retroreflective sheeting, lettering or background with fluorescent paint, or sequin-studded lettering. Strings of lights shall be limited to decorative or holiday lights of low wattage installed for no more than a single sixty-day period each calendar year.

(c) Lighting fixtures for the external illumination of signs shall be of an appropriate type and design to limit illumination to the sign, shall be directed downward, and shall be so located and/or shielded so as to not be a safety hazard for motorists nor a nuisance to adjoining property owners. This shall require that the edge of the beam of any artificial light source shall not cross any property line of the premises on which the sign is situated or shine or glare into any roadway or off-site area. Lighting shall not exceed 1,200 lumens per 10 square feet of sign area, which is intended to represent the luminosity of a seventy-five-watt incandescent lamp. The color temperature of light sources will be as close as possible to natural daylight.

(3) Rules for measuring signs.

(a) Back-to-back signs, identical signs arranged back to back or diverging by less than 30° from a common point, may be counted as one sign, and only the square footage of one face shall be counted.

(b) The sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign, but not including any supporting framework or bracing.[3]

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

(4) General provisions.

(a) No sign shall have more than two faces.

(b) All signs shall present a neat appearance and be maintained in a safe condition at all times.

(c) No new pole signs shall be constructed. Existing pole signs will be considered as nonconforming.

D. Signs permitted in all commercial districts. The following signs are allowed in all commercial districts (Highway Business Districts, Industrial and Light Industrial Districts and Boulevard Districts), provided that a sign permit is obtained.

(1) Temporary signs as permitted in § 180-55B(1)(h).

(2) One grand opening sign as permitted in Subsection I.

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

E. Signs in Industrial (M) and Light Industrial (M-A) Districts.

(1) General provisions.

(a) Monument signs are preferred to freestanding signs. The height of any sign shall not exceed nine feet.

(b) The minimum setback of a sign shall be 35 feet from the front property line in the M and M-A districts.

(c) Illumination of signs is allowed in accordance with the provisions of Subsection C(2). Sign illumination in the M and M-A Districts must be actuated by means of a mechanical or electronic timer, which must be set to turn off illumination no later than two hours after close of business.

(2) Signs requiring a permit.

(a) One monument or freestanding sign is permitted per tax parcel not to exceed 32 square feet in area, provided the subject parcel conforms to all bulk requirements of this chapter. If the parcel is preexisting and does not conform to the minimum lot area required for the zoning district, then the size of the sign shall be reduced in proportion to the size of the subject parcel relative to the district's minimum lot area.

(b) Facade signs shall not exceed 5% of the area of the facade to which they are attached. The aggregate area of facade signs per tax parcel shall not exceed 20 square feet.

(c) Off-premises directional signs as permitted in Subsection H.

F. Signs in Boulevard (BD) and Highway Business (HB) Districts.

(1) General provisions.

(a) The maximum height of a monument or freestanding sign shall be seven feet.

(b) The minimum setback of a sign shall be 15 feet from the front property line.

(2) Signs requiring a permit.

(a) Shopping centers.

[1] To carry out the intent of the law as outlined in Subsection A, shopping centers are required to create a uniform sign plan. This plan must be developed as part of the site plan review for a new shopping center or when the first sign changes at an existing shopping center.

[2] One freestanding or ground-based monument sign not to exceed 32 square feet and that is well integrated into the overall landscaping for the frontage is permitted. Shopping centers are allowed one such monument sign. A directory sign, if used, must be included in the 32 square feet, but more than five listings are discouraged.

[3] One facade sign per business establishment, the maximum area of which shall be 40 square feet or 5% of the area of the main entrance facade occupied by the business establishment to which it is attached, whichever is less. In no event, however, shall the aggregate area of facade signs on one building exceed 5% of the facade area of that building. Large facade signs and multiple facade signs are discouraged.

[4] One hanging sign per business establishment, not to exceed four square feet in area and having its lowest point at least seven feet from the ground directly below it.

[5] On-premises freestanding entrance and exit directional signs each no larger than two square feet in area and only when necessary to direct safe traffic flow.

(b) Gas stations/convenience stores.

[1] One freestanding or monument sign per gas station not to exceed 25 square feet for display of brand and/or business names and gas prices. No more than 50% of the allotted area will be used to display fuel pricing. The sign will be set back from the property line in such a way as to insure that it does not interfere with line of sight for traffic entering or exiting the property.

[Amended 5-12-2011 by L.L. No. 3-2011]

[a] The monument sign shall not be internally lit, nor shall it include self-illuminating display elements such as video displays, light-emitting diode (LED) display matrices, nor any flashing, alternating or animated display elements, except as permitted in Subsection F(2)(b)[1][b] hereafter.

[b] The monument sign may incorporate electronic, mechanical or electromechanical display elements solely for the purposes of displaying fuel pricing which may change frequently. Such display elements shall be limited by design to display of fuel prices, may be self-illuminating and shall not be capable of displaying any other information. Display of fuel prices shall also be allowed by light-emitting diode (LED) numerals with changeable copy. In all signs allowed in this subsection the numbers must be constant and nonflashing. The sign elements shall not conflict with the requirements of Subsection F(2)(b)[1][a] above.

[c] The light-emitting diode (LED) price elements of any monument or sign shall be extinguished when gasoline and other fuel is not being sold at the pumps and/or when the gasoline station/convenience store is not in operation.

[2] One facade sign per gas station/convenience store, the maximum area of which shall be 20 square feet or 5% of the area of the main entrance facade to which it is attached, whichever is less. In no event, however, shall the aggregate area of facade signs on one building exceed 20 square feet or 5% of the facade area of that building, whichever is less.

[3] Required over-the-pump price signs are allowed, but they are not to exceed the minimum size required by the applicable state or federal law.

[4] No signage may be installed on canopy structures.

[5] Gas stations/convenience stores are not permitted to display advertising signs, banners or flags on fuel dispensers, canopies, roadside signs nor any other infrastructure.

(c) Businesses in the Boulevard District and Highway Business Districts which are not gas stations/convenience stores or are not within a shopping canter.

[1] One freestanding or monument sign per tax parcel not to exceed 20 square feet in area.

[2] One hanging sign per business establishment, not to exceed four square feet in area and having its lowest point at least seven feet from the ground directly below it.

[3] One facade sign per business establishment, the maximum area of which shall be 20 square feet. In no event, however, shall the aggregate area of facade signs on one building exceed 40 square feet.

G. Signs in Agricultural (A5A), Very-Low-Density Residential (R3A), Low-Density Residential (R1A), Medium-Density Residential (R20,000) and Land Conservation (LC) Districts.

(1) General provisions.

(a) The maximum height of a freestanding sign shall be nine feet.

(b) No sign, except residential identification signs attached to a mailbox, shall be placed in or extend into the road right-of-way.

(c) Illumination of signs, when allowed, shall be in accordance with the provisions of Subsection C(2) for signs conforming to these regulations; nonconforming signs may not have illumination added to them. Sign illumination in the A5A, R3A, R1A, R20,000 and LC Districts must be actuated by means of a mechanical or electronic timer, which must be set to turn off illumination at close of business.

(2) Signs requiring a permit.

(a) One freestanding sign not to exceed 15 square feet for uses located on an arterial highway and 10 square feet for uses located on other roads, identifying a use permitted in the zoning regulations.

(b) Two farm produce signs (one in each direction) identifying specific produce in season, for a farm market selling farm products. The signs shall not exceed six square feet in area and shall be located within 1,000 feet of the stand or farm where the produce is sold.

(c) Off-premises directional signs as permitted in Subsection H.

(d) Temporary signs as permitted in Subsection B(1)(h).

H. Off-premises directional signs.

(1) General provisions. Off-premises directional signs may be erected giving directions to a business located in the Town on a secondary road (roads other than Routes 22, 44, and 199), provided that the following conditions are met:

(a) The sign text is limited to the business name and distance.

(b) The sign shall not contain any graphical elements other than a pointer arrow and plain block-lettered text.

(c) The sign shall be white with black lettering and pointer arrow.

(d) Sign permit approval is obtained.

(e) The applicant has the written permission of the owner of the property on which the sign is to be located.

(f) The sign does not exceed four square feet in area.

(g) The sign is designed to direct one to a business which is not located on Route 22, 44, or 199 but is located in the Town of North East.

(h) The sign must be within 50 feet of an intersection. An intersection is defined as the point at which the center lines of two roads intersect.

(i) The maximum height of the sign shall be eight feet; its lowest point shall be at least three feet from the ground directly below it. It shall not be placed on a road right-of-way nor shall it be permitted to overhang into a road right-of-way.

(j) Off-premises directional signs shall not be illuminated.

(2) A business is allowed one sign at the nearest relevant intersection. A special permit may be requested from the Zoning Board of Appeals for additional off-premises directional signs where a business can show that the most direct route from the nearest relevant intersection on state or county routes to the business's location involves an intersection or intersections where additional directional signs are necessary.

(3) There shall be no more than four off-premises directional signs located on any one property. Multiple off-premises directional signs at an intersection shall be placed together and joined in a stacked arrangement on a common mounting post.

I. Grand opening signs. A business located in either the Boulevard District or any of the Highway Business Districts or Industrial or Light Industrial Districts shall be permitted to obtain a permit for a grand opening sign. Applications specifically describing the grand opening sign shall be made to the Zoning Enforcement Officer who shall issue a permit if the requirements of this section are met. The permit shall be for a period of 14 days commencing on the date of the opening of the business. The sign shall be no larger in area than the maximum area of the permitted freestanding or monument sign in the zoning district where the business is located. It may have attached to it banners, flags, pennants, ribbons or streamers. It may be portable. In no event shall it constitute a hazard.

J. Nonconforming signs. In the event a sign lawfully erected prior to the effective date of this section does not conform to the provisions and standards of the section, then such shall be subject to the following provisions:

(1) Within six months from the effective date of this section, the Zoning Enforcement Officer shall make a list of and shall notify all property owners whose signs are nonconforming. This notification shall include the statement of nonconformity and the provisions of this section.

(2) Within six months of the notice by the Zoning Enforcement Officer, all property owners must register with the Zoning Enforcement Officer the existence of their nonconforming signs. This notice must include the size and location of any and all nonconforming signs located on the property. If the nonconforming signs are registered to the satisfaction of the municipality within six months of the notice by the Zoning Enforcement Officer, the sign may remain as a nonconforming sign until such time as the business changes ownership or the sign or any portion thereof is replaced.

(3) The municipality may cause to be removed any nonconforming sign which is not registered within one year of the effective date of this section.

(4) With the exception of billboards and roof-mounted signs, if a nonconforming sign is included under the prohibited signs provisions in Subsection C(1), then such sign shall be modified by its owner to comply, or be removed within 30 days after the owner received notice from the Zoning Enforcement Officer to so comply.

(5) Billboard signs in active use shall be removed within 10 years after the owner has received notice from the Zoning Enforcement Officer to so comply. Billboards predating this chapter shall be permitted to continue as a nonconforming use during this ten-year period, unless said use ceases for a continuous period of one year for any reason, in which event, said nonconforming billboard shall be deemed to have been abandoned and discontinued, and such use may not thereafter be reinstated. The property owner shall then be responsible for the removal of the abandoned and discontinued billboard. For the purposes of this chapter, a billboard use is considered to have ceased if it meets the criteria for blank signs in 17 NYCRR 150.1 of New York State law.

(6) Roof-mounted signs shall be removed within five years after the owner has received notice from the Zoning Enforcement Officer to so comply.

(7) With the exception of billboards and roof-mounted signs, a nonconforming sign may be maintained and repainted so long as its lettering, wording, design, size, shape, and location are not changed.

(8) Obsolete signs. Any sign which advertises a business or product or service no longer available for purchase on the premises shall be deemed obsolete and must be removed within 30 days after cessation of the business or sale of the products and services from the premises. A billboard that is abandoned and discontinued, as per Subsection J(5) above, shall be considered an obsolete sign.

K. Enforcement.

(1) Violations of the sign regulations contained herein are subject to the enforcement procedures outlined in § 180-97 of this chapter.

(2) Recovery of cost of removal. At the sole discretion of the Town, the reasonable and necessary costs incurred for removal of any sign by the Town pursuant to this shall be charged against the real property from which the sign was removed by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Clerk, to be applied to reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owner of the real property shall be provided written notice by certified mail, return receipt requested, to the last known address of record, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

§ 180-56 Storage of flammable liquids.

The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks, up to and including 10,000 gallons' capacity, are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly dyked with earthen dykes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.

§ 180-57 Temporary uses and structures.

A temporary permit may be issued by the Zoning Enforcement Officer, for a period not exceeding one year, for a nonconforming use incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. This section does not apply to structures used for residential purposes. Such permits may be renewed yearly, upon application to the Zoning Enforcement Officer, for an additional period of one year.

§ 180-58 Yard exceptions for private garages on steep slopes.

Where the topography is such that the slope of the land exceeds 15%, and, therefore, access to a private garage built back of the front building line as required by this chapter is impracticable, it shall be permissible to place such building, not exceeding 12 feet in height, within the front yard space, but not closer to the street line than 18 feet.

§ 180-59 Nursery farms.

[Added 5-17-1984 by L.L. No. 1-1984]

A. Location. No special permit shall be granted for the construction or expansion of any building on a nursery farm unless such nursery farm has a minimum of 400 feet of frontage on a road designated as an arterial road in the Comprehensive Plan adopted by the Town and unless ingress and egress to and from the retail sales area is solely from the arterial road.

B. Sale of products produced off-premises. Agricultural products that are nonmechanical and used by the farmer ordinarily in the production of his crop or commodity and plant life similar to that grown on the farm may also be sold, provided that the aggregate retail value of these agricultural products and similar plant life does not exceed 33 1/3% of the retail value of all products sold at the premises annually.

C. Yards, front, rear and side. There shall be a front yard 80 feet in depth into which there shall be no encroachment of structures or commercial usages other than signs and parking of not more than 25 cars. No part of any building or structure, pavement or parking space shall extend nearer than 50 feet to a side or rear property line.

D. Landscape treatment. All property shall be appropriately landscaped, particularly at the front. A property abutting a residential use at the side or rear shall be permanently planted with shrubs and trees for a width of 50 feet on such abutting property line where the distance between the retail buildings or structures, pavement or parking space and the residence is less than 400 feet.

E. Nonresidential employees. There shall be no more than five nonresident employees involved in the nursery farm retail sales.

F. Coverage. The maximum floor area devoted to retail sales shall be 5,000 square feet.

§ 180-60 Accessory apartments.

[Added 2-9-1989 by L.L. No. 3-1989]

A. Legislative findings. The Comprehensive Plan of the Town of North East states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." In order to achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. To accomplish these objectives, the Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section, to provide for accessory apartments, the Town Board is also introducing legislation to allow ECHO units by special permit and semidetached dwellings as a permitted and specially permitted use to supplement existing provisions for two-family dwellings in this chapter. In 1987, the North East Town Board commissioned the preparation of the Town of North East Housing Study, which documented the need for, and lack of, affordable housing in the Town, including the Village of Millerton. The housing study, which has been adopted as part of the Town Master Plan by the Town Board and the North East Planning Board, recommended that the Town implement zoning changes that would increase local housing opportunities. The community values survey that was completed as part of the housing study indicated a clear recognition of the need for more moderately-priced apartments in the area. One recommendation of the study was to allow for the use of accessory apartments in the Town. Based on the housing study and the continuing gap between actual housing costs and the housing costs that can be sustained by people whose incomes are at or below the median income level, the North East Town Board hereby finds that economic conditions have created a scarcity of affordable housing. By adoption of this legislation, the Town Board seeks to promote affordable housing opportunities and encourage the creation of rental units.

B. Purpose. It is the specific purpose and intent of this section to allow an accessory apartment, by special permit, on one-family dwelling lots in all districts that allow one-family dwellings as a permitted principal use and to provide the opportunity and encouragement for the development of small, rental housing units. The enactment of this section is in no way intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter, but to allow, through the special permit process, more efficient use and design of dwellings and existing accessory buildings. Furthermore, it is the purpose and intent of this provision to provide economic support for homeowners of limited income and to protect and preserve property values. To help achieve these goals and to promote other objectives of this chapter and the Town Master Plan, the following specific standards are set forth.

C. Floor area. The minimum floor area of an accessory apartment shall be 300 square feet, but in no case shall the floor area of an accessory apartment within a principal dwelling exceed 35% of the total floor area of the building, unless, in the opinion of the Board of Appeals, a greater or lesser amount of floor area is warranted by the specific characteristics of the particular building and lot and the circumstances of the case.

D. Bedrooms. There shall be a maximum of two bedrooms in the accessory apartment.

E. One-family character. A dwelling containing an accessory apartment shall, to the degree reasonably feasible, maintain the character and appearance of a one-family dwelling and shall have only one front entrance, when practicable.

F. Expansion of existing structure. An accessory apartment shall be permitted only within an existing one-family dwelling, an existing building accessory to a one-family dwelling or built on the same foundation as a new one-family dwelling, and not on any separate foundation. Additions to an existing building to accommodate an accessory apartment shall increase neither the floor area of the building nor the lot coverage of the building by more than 10%.

G. Eligible structures. All one-family dwellings shall be eligible for this special permit, whether existing or newly constructed. An accessory building shall be eligible for this special permit if such accessory building was constructed prior to the effective date of this section, notwithstanding § 180-44C, relating to frontage on a public street. An accessory building to a one-family dwelling, if such accessory building is constructed subsequent to the effective date of this section, shall be eligible for this special permit five years after it is constructed, notwithstanding § 180-44C. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Board of Appeals.

H. Lot size. The minimum lot size for the principal dwelling and a specially permitted accessory apartment shall conform to the requirements for a one-family dwelling in the district in which the building or buildings are located.

I. Number of dwelling units per lot. Only one accessory apartment per lot shall be permitted. No special permit for an accessory apartment shall be issued for a lot where the principal dwelling is other than a one-family dwelling or where a permit for an ECHO unit is in force.

J. Parking. Parking requirements shall conform to those set forth in § 180-50B, Residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces required per accessory apartment if circumstances so warrant.

K. Adequacy of infrastructure.

(1) If the water supply is from a private source, the applicant or his or her agent shall certify that the water supply is potable and of adequate flow. Failure to promptly correct any water quality problems shall result in the revocation of the special permit.

(2) The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to promptly correct any sewage system problem shall result in revocation of the special permit.

(3) No special permit for an accessory apartment shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system in question is for any reason not capable of handling the additional demand that the accessory apartment would impose on it.

L. Construction. The accessory apartment shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.

M. Application process. Application for a special permit for an accessory apartment shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:

(1) Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed accessory apartment, a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the accessory apartment.

(2) In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:

(a) Whether the use will be in harmony with and promote the general purpose of this section.

(b) Whether the use will conserve property values and encourage the most appropriate uses of land.

(c) Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.

(d) Whether the application is consistent with the Town Master Plan.

N. Revocation of special permit. A special permit for an accessory apartment may be revoked by the Board of Appeals, after notice and a hearing, if:

(1) It shall reasonably appear to the Board of Appeals that the accessory apartment is not in compliance with applicable laws, regulations, codes, ordinances or special permit conditions; or

(2) Any lawful inspection of the accessory apartment is refused or prevented by the owner.

O. Existing accessory apartments. All owners of existing accessory apartments not created in compliance with this chapter shall apply for a special permit within six months of the effective date of this section. If application is not made within this period, the owner shall be in violation of this section, as incorporated within this chapter, and shall be subject to the penalties provided in § 180-97.

§ 180-61 ECHO units.

[Added 2-9-1989 by L.L. No. 2-1989]

A. Legislative findings. The Comprehensive Plan of the Town of North East states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." In order to achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. To accomplish these objectives, the Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section, to provide for ECHO housing, the Town Board is introducing legislation to allow accessory apartments by special permit and semidetached dwellings as a permitted and specially permitted use to supplement existing provisions for two-family dwellings in this chapter. In 1987, the North East Town Board commissioned the preparation of the Town of North East Housing Study, which documented the need for, and lack of, affordable housing in the Town, including the Village of Millerton. In the housing study, North East was found to have Dutchess County's highest percentage of elderly people living alone, second lowest median household income and second highest percentage of households in poverty. Yet the Town's housing stock is dominated by single-family dwellings and includes very few small apartments. The Town has no nursing homes or housing units specifically designated or designed for elderly people. The housing study, which has been adopted as part of the Town Master Plan by the Town Board and the North East Planning Board, recommended that the Town implement zoning changes that would increase local housing opportunities. The community values survey that was completed as part of the housing study indicated strong support for permitting families to move their elderly parents into a small temporary home on their own property. Based on the housing study and the continuing gap between actual housing costs and the housing costs that can be sustained by people whose incomes are at or below the median income level, the North East Town Board hereby finds that economic conditions have created a scarcity of affordable housing. Moreover, local housing opportunities are often inappropriate for the special needs of elderly people.

B. Purpose. It is the purpose and intent of this section to accomplish the Town's Master Plan objectives by allowing, by special permit, the installation of small, removable homes known as "elder cottage housing opportunity (ECHO) units" on the same lots with one-family dwellings in all districts that allow one-family dwellings as a permitted principal use. Specifically, this section is intended to:

(1) Foster and support extended families.

(2) Permit adult children to provide small, temporary homes for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible.

(3) Reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes.

(4) Encourage the continued development and use of small homes specifically designed and built for elderly people, which include such features as easy adaptation to handicapped accessibility, safe exit features and fire-resistant construction.

(5) Permit ECHO housing in a manner that protects the property values and character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removable.

(6) Enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families.

C. Occupancy.

(1) At the time the special permit is issued, at least one intended occupant of the ECHO unit must be at least 62 years of age, and any other occupant must be at least 55 years of age. Subsequently, if the occupant who is 62 no longer occupies the ECHO unit and all other conditions continue to apply, the permit may be renewed for the other occupant, even if the person is less than 62 years of age.

(2) At least one occupant of the principal dwelling and at least one occupant of the ECHO unit must be related by blood, marriage or adoption.

(3) In no case shall there be more than two occupants of an ECHO unit.

(4) The special permit shall be issued to the owner of the principal dwelling and lot.

D. Construction. The unit shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: See Art. X.

E. Size of unit. The minimum floor area of an ECHO unit shall be 300 square feet, the maximum floor area 900 square feet and the maximum height 16 feet or one story.

F. Placement of an ECHO unit. Notwithstanding § 180-44, relating to road frontage on public street, the ECHO unit shall be placed in the side yard or the rear of the principal dwelling. Pedestrian access must be provided to the ECHO unit without going through the principal dwelling.

G. Lot size and coverage.

(1) The minimum lot size for a principal dwelling with an ECHO unit shall conform to the requirements for a one-family dwelling in the district in which the ECHO unit will be located.

(2) Coverage of the entire lot by the ECHO unit and principal dwelling shall not exceed 30%.

H. Access. All walkways from parking areas and from the principal dwelling to the ECHO unit shall be suitable for wheelchair and stretcher access.

I. Parking. In addition to the parking required for the principal dwelling, one parking space for the ECHO unit shall be required, except that the Board of Appeals may increase the required number of parking spaces to two if circumstances so warrant.

J. Waiver of requirements. The Board of Appeals may waive the requirements of this law, if so warranted by the specific characteristics of the particular structures and lot and circumstances of the case, upon showing that the waiver will not negatively affect public health, safety or welfare and that the waiver will be in harmony with and promote the general purpose of this section.

K. Number of dwelling units per lot. Only one ECHO unit per lot shall be permitted. No special permit for an ECHO unit shall be issued for a lot where the principal dwelling is other than a one-family dwelling or where a permit for an accessory apartment is in force.

L. Enclosure of underportion. The underportion of the unit shall be properly enclosed within 30 days of installation.

M. Removability.

(1) The unit shall be constructed so as to be easily removable.

(2) The unit's foundation should be of easily removable materials, such as timber pilings or cement block piers, so that the lot may be restored to its original use and appearance after removal with as little expense as possible.

(3) No permanent fencing, walls or other structures should be installed that will hinder removal of the ECHO unit from the lot.

N. Adequacy of infrastructure.

(1) If the water supply is from a private source, the applicant or his or her agent shall certify that the water supply is potable and of adequate flow. Failure to promptly correct any water quality problems shall result in the revocation of the special permit.

(2) The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to promptly correct any sewage system problem shall result in revocation of the special permit.

(3) No special permit shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the principal dwelling is for any reason not capable of handling the additional demand that the ECHO unit would impose on it.

O. Application process. Application for a special permit for an ECHO unit shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:

(1) Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include:

(a) The names of all owners of record of the principal dwelling, lot and ECHO unit.

(b) The names of the proposed occupants of the ECHO unit.

(c) The relationship between the occupants of the principal dwelling and the occupants of the ECHO unit.

(d) If neither the occupants of the principal dwelling nor the occupants of the ECHO unit own the ECHO unit, the lease or other agreement with the owner of the ECHO unit.

(e) A floor plan of the ECHO unit, including the square footage (may be the manufacturer's or builder's brochure).

(f) A survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both with and without the ECHO unit.

(g) The applicant's plan for removal of the ECHO unit at the time the special permit terminates.

(2) In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:

(a) Whether the use will be in harmony with and promote the general purpose and intent of this section.

(b) Whether the use will conserve property values and encourage the most appropriate uses of land.

(c) Whether granting the application will cause an undue concentration of ECHO units.

(d) Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.

(e) Whether the application will be compatible with the Town Master Plan.

(3) A special permit may be granted for an initial period of up to one year, expiring on April 30. Thereafter, upon application to the Board of Appeals showing that there have been no changes in circumstances which would result in the ECHO unit's being in violation of the provisions of this section, the permit may be renewed yearly, for a period running from May 1 to April 30. Upon development of appropriate procedures by the Board of Appeals, such renewal may be granted administratively by the Zoning Enforcement Officer.

(4) At the time of application, the applicant must verify that he or she:

(a) Understands that the permit is issued solely for the use of the named occupants.

(b) Has made plans for the removal of the unit.

(c) Recognizes the possible sanctions for failure to promptly remove the ECHO unit upon termination or revocation of the special permit. These sanctions include all those specified in this chapter; injunctive relief; criminal penalty; removal and salvage by the Town, to defray any enforcement costs incurred; the placement of a lien against the applicant's property, to defray any enforcement costs incurred; and any other remedies available to the Town.

P. Renewal of special permit. At the time of application for renewal of the special permit, the applicant or his or her agent shall verify:

(1) That the conditions upon which the special permit was granted continue to apply;

(2) That he or she has made plans for removal of the ECHO unit upon termination of the special permit; and

(3) That he or she understands the possible sanctions for failure to promptly remove the ECHO unit upon termination of the special permit.

Q. Termination of special permit.

(1) The special permit shall terminate 90 days after:

(a) The death or permanent change of residence of the original occupant or occupants of the ECHO unit; or

(b) Any of the occupancy requirements set forth in Subsection C are no longer met.

(2) During this ninety-day grace period, the ECHO unit shall be removed and the site restored so that no visible evidence of the ECHO unit and its accessory elements remains. If the ECHO unit has not been removed by the end of this grace period, in addition to the existing sanctions in this chapter, actions to ensure removal may be taken, including removal and salvage by the Town, with a lien imposed to defray any costs incurred.

(3) The Board of Appeals, upon a showing of extraordinary circumstances making removal of the ECHO unit impossible during the ninety-day grace period, may grant one extension of up to 90 days for removal of the ECHO unit.

R. Revocation of special permit. A special permit for an ECHO unit may be revoked by the Board of Appeals, after notice and a hearing, if:

(1) It shall reasonably appear to the Board of Appeals that the ECHO unit is not in compliance with applicable laws, rules, regulations, codes or ordinances or that the conditions of the special permit are not satisfied; or

(2) Any lawful inspection of the ECHO unit is refused or prevented by the owner or occupant.

§ 180-62 Conversions.

[Added 12-28-1989 by L.L. No. 9-1989]

A. Legislative findings.

(1) The Comprehensive Plan of the Town of North East states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." In order to achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. To accomplish these objectives, the Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section to provide for conversion of existing buildings to multiple dwelling units, the Town Board has recently enacted legislation to allow ECHO units and accessory apartments as specially-permitted uses and semidetached dwellings as a permitted and specially-permitted use, to supplement existing provisions for two-family dwellings in this chapter.

(2) In 1987, the North East Town Board commissioned the preparation of the Town of North East Housing Study, which documented the need for and lack of affordable housing in the Town, including the Village of Millerton. The housing study, which has been adopted as part of the Town Master Plan by the Town Board and the North East Planning Board, recommended that the Town implement zoning changes that would increase local housing opportunities. The community values survey that was completed as part of the housing study indicated a clear recognition of the need for more moderately-priced apartments in the area and support for taking action to address this need. Respondents also verified the availability of existing barns and other buildings that could be converted to apartments in a manner compatible with the surrounding community. One recommendation of the housing study was to enact zoning changes to better take advantage of existing structures. Based on the housing study and the continuing gap between actual housing costs and the housing costs that can be sustained by people whose incomes are at or below the local median income level, the North East Town Board hereby finds that economic conditions have created a scarcity of affordable housing.

(3) Additionally, the Town Board finds that the community contains a number of large residential buildings that may not be easily used and maintained as one-family and two-family dwellings because of their large size. The community also contains a number of large nonresidential structures, including agricultural buildings, that cannot be economically maintained in their current or past use and are in danger of falling into disrepair or are subject to demolition if an alternate use for them is not available. These buildings, particularly those representing the community's rural and agricultural character, are of historic, architectural and cultural significance to the community and are worthy of preservation.

(4) By adoption of this section, the Town Board seeks to promote affordable housing opportunities, encourage the creation of rental housing and aid the preservation of significant large buildings.

B. Purpose. It is the specific purpose and intent of this section to allow, by special permit, in all districts that allow residential uses as permitted principal uses, the conversion of an existing building to multiple dwelling units and to provide for the opportunity and encouragement for the development of rental housing units. The enactment of this section is in no way intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter, but to allow, through the special permit process, more efficient use of existing structures. Furthermore, it is the purpose and intent of this section to encourage the preservation of buildings of historic, architectural and cultural significance by allowing the conversion of these buildings to multiple dwelling unit residential use.

C. Floor area. The minimum floor area of each dwelling unit in a conversion shall be as follows: 400 square feet for a studio apartment; 500 square feet for a one-bedroom apartment; 700 square feet for a two-bedroom apartment; and 850 square feet for a three-bedroom apartment.

D. Eligible buildings. A building shall be eligible for this special permit if such building was constructed prior to the effective date of this section. A building constructed subsequent to the effective date of this section shall be eligible for this special permit five years after it is constructed. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Board of Appeals.

E. Architectural integrity of building. The existing building may be expanded only upon a showing that such expansion is necessary to allow a reasonable conversion of the building. If such expansion is permitted, in no case shall the floor area of the building or the lot coverage be increased by more than 10%. Any changes to the exterior of the building must be compatible with the existing architecture of the building.

F. Lot size. The minimum lot size for a conversion shall conform to the requirements set out in the chart below.

	Minimum Acreage (acres per district)
	Number of Units	R20,000	R1A	R3A	A5A
	4 or fewer	1	2	3	5
	5 to 8	2	4	6	10
	9 to 12	3	6	Not permitted	Not permitted

G. Number of conversions per lot. Only one conversion per lot shall be permitted. No other residential structures shall be permitted on the same lot with the conversion. A conversion can include the modification of two adjacent buildings on the same lot, as long as the total units proposed does not exceed the number of permissible units as outlined in Subsection F of this section. The conversion of both buildings would have to be applied for, and approved of by the Zoning Board of Appeals, at the same time. In evaluating an application for the conversion of two buildings on the same lot, the Zoning Board of Appeals should consider whether the structures are functionally related in regard to infrastructure, parking, landscaping and access and whether all other requirements of this section have been adhered to.

H. Parking.

(1) Parking requirements shall conform to those set forth in § 180-50B for residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces to one per dwelling unit if circumstances so warrant.

(2) The Board of Appeals may require landscaping, fences or other appropriate measures to minimize the impact of parking areas on the streetscape and neighboring properties.

I. Adequacy of infrastructure. The approval of the Dutchess County Health Department of the water and sewage disposal systems of the proposed conversion shall be obtained before issuance of the special permit.

J. Construction. The conversion shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.[1]

(1) Stairways leading to any floor or story above the first floor shall be located within the walls of the building whenever practicable. If such stairways must be placed on the exterior of the building, they shall be located in such a manner as to minimize their visibility to neighbors and from the roadway.

(2) Locations of entrances to the building and dwelling units shall be easily ascertainable to facilitate provision of emergency services.

[1] Editor's Note: See Art. X.

K. Application process. Application for a special permit for a conversion shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:

(1) Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed apartments, building plans prepared by a licensed architect or engineer and a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the conversion. The Board of Appeals may also require submission of a site plan, with or without proposed elevations, and other appropriate material.

(2) In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:

(a) Whether the use will be in harmony with and promote the general purpose of this section;

(b) Whether the use will conserve property values and encourage the most appropriate uses of land;

(c) Whether the proposed number of dwelling units is appropriate;

(d) Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements and proposed density; and

(e) Whether the use is consistent with the Town Master Plan.

L. Revocation of special permit. A special permit for a conversion may be revoked by the Board of Appeals, after notice and a hearing, if:

(1) It shall reasonably appear to the Board of Appeals that the conversion is not in compliance with applicable laws, regulations, codes, ordinances or special permit conditions; or

(2) Any lawful inspection of the conversion is refused or prevented by the owner.

§ 180-63 Small wind energy conversion systems.

[Added 7-11-1990 by L.L. No. 1-1990]

A. General provisions. Small wind energy conversion systems (SWECS) are a use that is only accessory to an established permitted principal use and are not permitted as a principal use. There shall be no more than one SWECS per principal use. Wherever located and whatever their nature, SWECS shall conform to the following regulations.

B. Information to be supplied by applicant. In addition to the information required in the application, the site plan submitted shall also show:

(1) The location of the tower on the site and the tower height, including blades.

(2) Underground utility lines within a radius equal to the proposed tower height, including blades.

(3) The dimensional representation of the various structural components of the tower construction, including the base and footings.

(4) The manufacturer's make and model and design data indicating the basis of the design, including the manufacturer's dimensional drawings, installation and operating instructions and maintenance and inspection procedures and certification by the manufacturer that this model of generator has operated safely under various atmospheric conditions for a period of at least three months.

(5) Certification by the manufacturer or by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures, as specified by the New York State Building Construction Code.

(6) A wind stream study for the location proposed, when appropriate.

C. Location, access and size.

(1) No SWECS shall be erected in any location where its overall height, including blades, is greater than the distance from its base to the property line of another or utility right-of-way.

(2) Access to the tower shall be limited either by means of a fence six feet high around the tower base, with a locking portal or by limiting the tower climbing apparatus to no lower than 12 feet from the ground.

(3) A SWECS shall not be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce an unacceptable level of electromagnetic interference. No SWECS shall interfere with the reception of domestic radio or television signals.

(4) No SWECS shall be installed in a location where the Board of Appeals determines that its impact will be detrimental to the general neighborhood character.

(5) If the SWECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by Central Hudson Gas & Electric.

(6) No SWECS shall exceed 23 feet in blade diameter or 10 kilowatts in generating capacity, whichever is the lesser.

D. Height.

(1) All SWECS shall be installed at the lowest height possible which will provide reasonable access to wind energy and minimum visual impact. The applicant shall demonstrate a need for the height proposed by documenting a wind stream study.

(2) Including its blades, no SWECS shall extend more than 80 feet above the average general level of the permanent structure unless a need for greater height is demonstrated.

(3) The minimum distance between the ground and any protruding blades shall not be less than 35 feet as measured at the lowest point of the arc of the blades unless wind study suggests otherwise.

E. Braked installation. All SWECS shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.

§ 180-64 Rod and gun clubs.

[Added 5-4-1995 by L.L. No. 4-1995]

A. Minimum acreage. No special use permit shall be granted for a rod and gun club unless such club is located on a lot having an area of not less than 150 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.

B. Setback requirements. No club activities involving the discharge of firearms shall be conducted nearer than 500 feet to a property line.

C. Use of lead shot. No club activities shall involve the discharge or use of lead shot on club property.

D. No daily public use. The club activities shall be conducted exclusively for club members and their guests and shall not be available to the public on a daily fee or charge basis.

E. Accessory buildings. The club may have a meetinghouse and one or more accessory buildings for the storage of equipment. The meetinghouse may be used only for club meetings, club functions and membership activities. The meetinghouse may contain no more than three bedrooms and a kitchen and dining room for use by club members, but no overnight lodging or food service shall be made available to transients or the general public.

F. Alcoholic beverages. No alcoholic beverages may be served in conjunction with club activities or social functions involving or held in conjunction with the discharge of firearms.

G. Harboring of dogs. The harboring of more than three dogs on club property shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.

H. Hours of operation. Club activities involving the discharge of firearms shall not be conducted prior to 9:00 a.m. or after 6:00 p.m. on weekdays or Saturday or prior to 12:00 noon or after 6:00 p.m. on Sundays and state and federal holidays. No club activities involving discharge of firearms shall occur before sunrise and after sundown.

I. Hunting. Hunting may be conducted on club property only in season in accordance with the provisions of Article 11, §§ 11-0903, 11-0905 and 11-0907, of the Environmental Conservation Law and the rules and regulations adopted thereto.

J. Sporting clays. Sporting clays is not a permitted or accessory rod and gun club activity.

K. Discretion of Zoning Board of Appeals. It is recognized that the operation of a rod and gun club in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the club will be sited; the topography of the club property; the natural vegetation, screening and buffering existing on site; the size of the club; the type and number of on-site activities involving the discharge of firearms; the location, layout and orientation of the various on-site club activities involving the discharge of firearms; the proposed hours of operation of the club; and the proximity of the club to existing residences. Notwithstanding the fact that a rod and gun club is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a rod and gun club if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.

L. Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on the special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the rod and gun club which, in its discretion, may be necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as condition of each special use permit issued for a rod and gun club, require that the Zoning Enforcement Officer, on an annual basis, inspect the rod and gun club operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:

(1) Increased limitations on hours of operation and discharge of firearms.

(2) Increased setback requirements for certain activities involving the discharge of firearms.

(3) Requirement of vegetative screening, buffering and/or berming of target, skeet and trapshooting ranges and other rod and gun club activities.

(4) Limitation or prohibition of certain activities involving discharge of firearms.

(5) Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition.

(6) Requirement that boundaries or a portion of the boundaries of the club property be enclosed in a certain prescribed manner.

(7) Limitations on the number of club members.

(8) The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.

M. Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.

N. Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter, to be submitted with any application for a special use permit, an applicant for a rod and gun club special use permit shall submit the following additional materials:

(1) A declaration as to the nature and extent of the proposed rod and gun club operation.

(2) A description of all proposed club activities, including those which involve the discharge of firearms or the provision of overnight lodging and food to members.

(3) Copies of the written membership qualifications, constitution and bylaws for the rod and gun club.

(4) A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and, in addition, showing the location of all target shooting, skeet shooting and trapshooting, ranges and other activities involving the discharge of firearms.

(5) A statement concerning the proposed hours of operation for all club activities and the proposed membership qualifications and number of members anticipated.

(6) Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.

§ 180-65 Shooting preserves.

[Added 5-4-1995 by L.L. No. 4-1995]

A. Department of Environmental Conservation license. No special use permit for a shooting preserve shall be granted until the applicant has obtained a shooting preserve license issued by the Department of Environmental Conservation pursuant to § 11-1903 of the Environmental Conservation Law.

B. Minimum acreage. No special use permit shall be granted for a shooting preserve unless such preserve is located on a lot or lots having an area of not less than 500 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.

C. Setback requirements. No shooting preserve activities involving the discharge of firearms shall be conducted nearer than 1,000 feet to a property line.

D. Use of lead shot. No shooting preserve activities shall involve the discharge or use of lead shot on preserve property.

E. Accessory buildings. A shooting preserve may have a main building for the conduct of the preserve business and for congregation of users or patrons of the preserve and one or more accessory buildings for the storage of equipment. The main building may also contain no more than three bedrooms and a kitchen and dining room for use by preserve members, but no overnight lodging or food service shall be made available to transients or the general public.

F. Alcoholic beverages. No alcoholic beverages may be served in conjunction with shooting preserve activities involving or held in conjunction with the discharge of firearms.

G. Harboring of dogs. The harboring of more than three dogs on shooting preserve property shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.

H. Hours of operation. Shooting preserve activities involving the discharge of firearms shall not be conducted prior to 9:00 a.m. or after 6:00 p.m. on weekdays or Saturday or prior to 12:00 noon or after 6:00 p.m. on Sundays and state and federal holidays. No shooting preserve activities involving discharge of firearms shall occur before sunrise or after sundown.

I. Hunting. Hunting may be conducted on shooting preserve property only in season in accordance with the provisions of Article 11 of the Environmental Conservation Law and the rules and regulations adopted pursuant thereto.

J. Discretion of Zoning Board of Appeals. It is recognized that the operation of a shooting preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the size of the preserve; whether the preserve will be operated as a commercial, a nonprofit or a family shooting preserve pursuant to § 11-1903 of the Environmental Conservation Law; the proposed hours of operation of the preserve; and the proximity of the preserve to existing residences. Notwithstanding the fact that a shooting preserve is a use permitted in the Town's A5A District, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a shooting preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.

K. Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the shooting preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of shooting preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the shooting preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:

(1) Increased limitations on hours of operation and discharge of firearms.

(2) Increased setback requirements for shooting preserve activities involving the discharge of firearms.

(3) The requirement of vegetative screening, buffering and/or berming of shooting preserve property.

(4) Limitations on areas within the preserve property in which firearms may be discharged.

(5) Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition.

(6) Requirement that boundaries or a portion of the boundaries of the preserve property be enclosed in a certain prescribed manner.

(7) Limitation on the number of shooting preserve users.

(8) The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.

L. Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.

M. Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a shooting preserve special use permit shall submit the following additional materials:

(1) A declaration as to the nature and extent of the proposed shooting preserve operation.

(2) A description of all proposed shooting preserve activities, including those which involve the discharge of firearms or the provision of overnight lodging and food to users.

(3) A copy of the Department of Environmental Conservation shooting preserve license issued to the applicant pursuant to § 11-1903 of the Environmental Conservation Law.

(4) A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and in addition showing the location of any sporting clay courses and activities involving the discharge of firearms.

(5) Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.

§ 180-66 Game or wildlife preserve.

A. Minimum acreage. No special use permit shall be granted for a game or wildlife preserve unless such preserve is located on a lot or lots having an area of not less than 150 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.

B. Accessory buildings. The preserve may have one or more accessory buildings for the storage of equipment.

C. Harboring of dogs. The harboring of more than three dogs on the preserve shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.

D. Department of Environmental Conservation permit requirement. No special use permit shall be issued to an applicant for operation of a game or wildlife preserve until a permit has been issued to the applicant by the Department of Environmental Conservation pursuant to Article 11 of the Environmental Conservation Law, if such a permit for preserve activities is required.

E. Hunting. Hunting may be conducted on the preserve only in season in accordance with the provisions of Article 11, §§ 11-0903, 11-0905 and 11-0907, of the Environmental Conservation Law and the rules and regulations adopted pursuant thereto.

F. Discretion of Zoning Board of Appeals. It is recognized that the operation of a game or wildlife preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the types and numbers of game or wildlife which will be contained within the preserve; the nature and scope of the preserve operation; and the proximity of the preserve to existing residences. Notwithstanding the fact that a game or wildlife preserve is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Zoning Board of Appeals shall retain full discretion to deny a permit application for a game or wildlife preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.

G. Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of a game or wildlife preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of game or wildlife preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the game or wildlife preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:

(1) Limitations on hours of operation and discharge of firearms.

(2) Setback requirements for activities involving the discharge of firearms.

(3) Requirement of vegetative screening, buffering and berming of the preserve.

(4) Limitation on or prohibition of the discharge of firearms in the preserve.

(5) Requirement that boundaries or a portion of the boundaries of the preserve property be enclosed in a certain prescribed manner.

(6) The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.

H. Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.

I. Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a game or wildlife preserve special use permit shall submit the following additional materials:

(1) A declaration as to the nature and extent of the proposed game or wildlife preserve.

(2) A description of all proposed preserve activities, including those which involve the discharge of firearms.

(3) A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter.

(4) A copy of the permit issued by the Department of Environmental Conservation for operation of the preserve if such a permit is required by Article 11 of the Environmental Conservation Law.

(5) Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.

§ 180-67 Roadside farm stand.

[Added 7-10-1997 by L.L. No. 1-1997]

A roadside farm stand shall be permitted in the A5A, R3A, R1A, R20,000 and LC Districts as a seasonal accessory use related to an agricultural activity occurring on either a farm or a nonfarm parcel, subject to the following regulations:

A. Such roadside farm stand shall not exceed 400 square feet in total floor area.

B. Such roadside farm stand shall be located a minimum of 30 feet from any street line.

C. Such roadside farm stand shall be solely for the seasonal display and sale of agricultural products grown on premises. However, in the case of a farm stand operated on a farm, agricultural products may be grown on parcels owned or leased by the farm in conjunction with the farming operation.

D. Signage shall comply with provisions set forth in § 180-55 of this chapter.

E. The Zoning Board of Appeals shall have the power to permit a roadside farm stand exceeding the maximum total floor areas prescribed by this section and/or increased numbers or sizes of signs for farm stands operated on a farm, pursuant to an application for an area variance, provided that the applicant can demonstrate that a farm stand of greater floor area or that additional or larger signs are necessary to meet the needs of the existing and/or future farm operation and all other criteria for the granting of an area variance are met.

F. A building permit pursuant to § 180-85 shall be obtained prior to the construction and/or operation of a roadside farm stand.[1]

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

G. A vehicle not exceeding 6,000 pounds net weight may be considered a permitted roadside farm stand. However, a vehicle or any part thereof customarily known as an over-the-road tractor/trailer or any containerized storage unit shall not be permitted.

H. A roadside farm stand may be permitted year-round in an enclosed structure, provided that it meets the setback requirements of the Zoning District and all other requirements of this chapter.

§ 180-68 Farm market.

[Added 7-10-1997 by L.L. No. 1-1997]

A farm market shall be a use permitted in the A5A and R3A Districts as an accessory use related to an agricultural activity occurring on a farm, subject to the following regulations:

A. Such farm market shall be permitted only pursuant to a special use permit issued by the Zoning Board of Appeals in accordance with the provisions of Article VI of this chapter and site plan approval by the Planning Board, pursuant to Article VII of this chapter.

B. Such farm market must be operated as an accessory use to the principal use of agricultural production and/or the practice of animal husbandry on the farm and shall only be for the use of the farmer-applicant.

C. The farm market structure shall not exceed 1,000 square feet of floor space and shall consist of a single story. Nothing herein shall preclude the use of a legally existing agricultural accessory building on a farm for this use, provided that no more than 1,000 square feet of floor area is utilized as a farm market.

D. The farm market shall be located on the same parcel as the farm and shall comply with all district regulations and supplementary regulations relating to parking and signs. The farm market may sell products grown on any number of other parcels, provided that all parcels are part of a single agricultural operation under the control of the farmer-applicant, the parcel on which the farm market is located is a conforming lot and at least 1/2 of the lot is in agricultural production.

E. At least 2/3 of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the market is located. Notwithstanding the aforementioned restrictions, the farm market may sell supporting farm products and farm products not grown by the farmer-applicant, provided that said products do not exceed one-third of the total annual retail sales of the farm market and the products are purchased regionally (i.e., within a radius of 100 miles). Processed food, where the majority of the ingredients are grown on the farm, shall not be considered supporting farm products subject to the one-third annual sales limitation. Receipts and records of such purchases must be kept by the farmer-applicant. Supporting farm products include but shall not necessarily be limited to baked goods, eggs, dairy products, preserves, syrups, herbal vinegars and salad dressings. Supporting farm products shall not include prepackaged grocery items or tropical fruits.

F. The farm market may also sell food prepared on premises for off-site consumption, utilizing agricultural and farm products sold at the farm market.

G. The farm market may also sponsor and conduct farm and harvest festivals on site, provided that the number of festivals conducted by the farm market each year is not greater than four and the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and further provided that each such festival receives a building permit pursuant to § 180-85 of this chapter. An applicant may be permitted to conduct farm and harvest festivals exceeding four per year pursuant to an area variance issued by the Zoning Board of Appeals, provided that all criteria for the granting of such variance are met.[1]

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

H. A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 10% of the gross floor area of the farm market.

I. The Zoning Board of Appeals shall have the power to permit a structure or use of space exceeding 1,000 square feet and/or a structure containing a second story and/or the food preparation area to occupy a greater percentage of the gross floor area of the market without the requirement of an application for an area variance, provided that the applicant can demonstrate that such additional square footage and/or storage area and/or larger food preparation area are shown to be necessary to the proposed farm market operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties and will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.

§ 180-69 Farmers' market.

[Added 7-10-1997 by L.L. No. 1-1997]

A farmers' market is a use permitted in the Highway Business I, Highway Business II and Boulevard Districts of the Town and shall mean any building, structure or place on property owned by a municipal corporation or under lease to or in possession of a public or private agency used or intended to be used by two or more producers for the direct sale of farm and fruit products from producers to consumers and food buyers subject to the following regulations:

A. A farmers' market shall be permitted only pursuant to a special use permit issued by the Zoning Board of Appeals in conjunction with the provisions of Article VI of this chapter and site plan approval by the Planning Board pursuant to Article VII of this chapter in the Highway Business I, Highway Business II and Boulevard Districts and shall be a permitted use, subject to site plan approval, in each of the Boulevard Districts.

B. The farmers' market structure shall not exceed 10,000 square feet of floor space.

C. The farmers' market shall be located on a parcel of land of at least two acres and shall comply with all district regulations and supplementary regulations relating to parking and signage.

D. The farmers' market may also include facilities for packing, shipping, first instance processing or storage of farm and food products and may include equipment used or intended to be used in connection with such facilities. Such market may also include other business which reasonably serves the public or makes the market more convenient, efficient, profitable or successful, including but not limited to food service, baking and nonfood retailing.

E. All provisions and definitions contained in Article 22 of the Agriculture and Markets Law relating to farmers' market shall apply to a farmers' market in the Town of North East.

§ 180-70 Communications facilities and/or personal wireless service facilities and/or towers.

[Added 1-26-1998 by L.L. No. 1-1998]

A. Compliance required.

[Amended 1-7-1999 by L.L. No. 1-1999]

(1) No communications facility or personal wireless service facility or tower shall be erected, constructed, placed or installed without first obtaining a special permit from the Zoning Board of Appeals and site plan approval from the Planning Board.

(2) No existing communications or personal wireless facility shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:[1]

(a) Initial application for any facility modification or change shall be made to the Zoning Enforcement Officer ("ZEO") and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such change and an RF emissions certification (see the definition of "RF emissions certification" in § 180-5).

(b) If the proposed modification or change involves the upgrade or replacement of an existing antenna with an antenna in kind, no further review shall be required, and the ZEO shall issue a building permit for the proposed modification or change.

(c) All other proposed modifications or changes to existing facilities shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for adequate review of the application. After the amended site plan is approved, the application shall be immediately referred back to the ZEO for the issuance of a building permit.

(d) In the event of an emergency which results in a disruption of service, a facility may be replaced in kind without prior issuance of a building permit, provided that application for a building permit be made as soon as practicable to the ZEO.

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

(3) No existing communications or personal wireless tower shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:

(a) Initial application for modification or change to an existing tower shall be made to the ZEO and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such modification or change.

(b) If the proposed modification or change involves structural reinforcement of the tower that does not affect the height of the tower, the ZEO shall issue a building permit for the modification or change, provided that the structure as modified or changed complies with applicable building codes, rules and regulations.[2]

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

(c) All other proposed modifications or changes to existing towers shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for the adequate review of the application.

(d) After site plan approval, the application shall be referred back to the ZEO for issuance of a building permit, provided that the structure, as modified or changed, continues to comply with applicable building codes, rules and regulations.[3]

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

B. Application requirements. In addition to all documentation and submissions required by Article VI, § 180-27A, the application shall include the following:

[Amended 1-7-1999 by L.L. No. 1-1999]

(1) The legal name, address, principal place of business and telephone number of the applicant. If the applicant is not a natural person, it shall also identify the state in which it was created or organized, and the date of creation or organization.

(2) If the applicant is not the owner of the property on which the proposed facility or tower is to be located:

(a) The name, address and telephone number of the property owner to apply for the permit.

(b) A copy of the applicant's lease or other agreement with the owner of the property for the applicant's use of the same. The applicant may redact portions of the agreement which are commercially sensitive or confidential in nature and which do not reasonably relate to the criteria or standards for special permit approval. However, the applicant shall provide proper certification of the entire cost of the project, including all property acquisition costs, to enable the lead agency to determine the appropriate amount of SEQRA review fees to be charged to the applicant.

(c) Written consent of the property owner to the application for the special permit and to the imposition of reasonable conditions by the ZBA on any approval regarding use of the property, such as collocation and removal of the facility or tower when no longer in use.

(3) Copies of all submittals relating to the proposed facility and/or tower pertaining to: FCC licensing; environmental impact statements; environmental assessments and findings, if any, prepared pursuant to the National Environmental Policy Act of 1969; FCC Form 854; FAA Form 7460-1 (Notice of Proposed Construction or Alteration); aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.

(4) If applicable, copies of existing FCC licenses for the proposed uses.

(5) Site plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in New York specializing in electrical engineering with expertise in radio communication facilities, and, if a monopole or tower is proposed, also specializing in structural engineering, containing the following information:

(a) For applications involving new tower construction or major modification of an existing tower:

[1] A written, irrevocable commitment valid for the duration of the existence of the tower to rent or lease available space for collocation on the tower, to the extent structurally and electromagnetically able, at fair-market prices and terms, without discrimination to other personal wireless and/or other communications service providers.

[2] If applicable, a copy of the applicant's existing lease or contract with the personal wireless service provider(s).

[3] The following plans and maps:

[a] Location map. Copy of the portion of the most recent United States Geological Survey (USGS) Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000 or 1:25,000, and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds).

[b] Vicinity map in accordance with the requirements of § 180-35B of this chapter.

[c] Existing conditions plan. A map showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines and wooded areas within a two-hundred-foot radius from the base of the proposed tower and showing the boundaries of any wetlands, floodplains or watercourses within 200 feet of the tower or any related facilities or accessways or appurtenances.

[d] Proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building. Indicate facility site boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures.

[e] Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires, and the corners of all appurtenant structures.

[f] Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.

[g] Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alterations.

[h] Any direct or indirect wetlands alteration proposed.

[i] Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.

[j] Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, any exterior lighting or signs.

[k] Preliminary plans of proposed access driveway or roadway and parking area at the tower site, including proposed grading and traveled width and depth of gravel paving or surface materials.

[4] Details of the proposed tower and appurtenances including:

[a] Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

[b] Two cross sections through the proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of the tower above average grade at tower base. All proposed antennas, including their location on the tower, must be shown.

[c] Preliminary plans for proposed tower foundation and ground attachments, such as wire anchors.

[d] Details of the proposed exterior finish of the tower.

[e] Indicate the relative height of the tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in 10 years.

[f] Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands or to accommodate collocation.

[g] A structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights, and the ability of the tower to be shortened if future communications facilities no longer require the original height, and that the tower is designed to withstand winds in accordance with the ANSI/E1A/T1A 222 standards (latest revision).

[h] In the event that the applicant proposes the erection of a particular make or model tower, the make, model number and photograph of the tower proposed to be erected shall be provided. In addition, the applicant shall provide the manufacturer's recommendations, if any, with regard to such matters as wind loading, falldown potential and setback requirements for the tower.

[5] Details of proposed communications equipment shelter and other accessory structures:

[a] Elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

[b] Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

[6] Sight lines:

[a] View lines reasonably requested by the ZBA in a zero- to two-mile radius from the site, shown beginning at true North and continuing clockwise at intervals of 45°.

[b] A plan map of a circle within a two-mile radius of the facility site on which visibility of the proposed tower from public ways reasonably specified by the Zoning Board shall be indicated.

[c] Profile drawings on a horizontal scale of one inch equals 400 feet with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.

[7] A plan showing the exact location of each antenna or other broadcast or receiving facility on the existing tower.

[8] If required by the Zoning Board, the applicant shall arrange to fly or raise upon a temporary mast a three-foot-diameter brightly colored balloon at the maximum height of the proposed tower during daylight hours at times and durations reasonably determined by the Zoning Board. Reasonable advance notice of the test shall be advertised by the applicant in the Town's official newspaper with due regard to the fact that weather conditions may dictate the actual date of the conduct of the test.

(b) For applications involving a new personal wireless service facility or modification of an existing facility, the submission must also include the following:

[1] The applicant must submit:

[a] Documentation, from a professional engineer licensed in the State of New York and with an expertise in telecommunications and radio frequency engineering, showing that the tower and/or facility is needed to provide adequate coverage to an area within the applicant's licensed service area that currently has inadequate coverage, including a scaled graphical depiction of the inadequate coverage area.

[b] An RF emissions certification.

[2] A location map at a scale of one inch equals 1,000 feet showing the entire property on which the facility will be located and all easements and streets and existing structures within 200 feet of the facility site. The location shall include the names of the owners of record for all parcels within 200 feet of the property on which the facility is located.

[3] Proposed facility plan. A recent survey of the facility site at a scale of one inch equals 50 feet showing:

[a] Horizontal and radial distances of antenna(s) to the nearest point on the facility site line.

[b] Horizontal and radial distances of antenna(s) to the nearest inhabited or occupied buildings or structures.

[c] Proposed utilities, including the distance from the source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.

[d] Changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of proposed modification to an existing facility.

[4] Proposed communications equipment shelter and other accessory structures.

[a] Elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

[b] Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

[5] Proposed equipment plan:

[a] Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

[b] The number of antennas and repeaters (if any) and the exact location of this equipment located on a map.

[c] Mounting locations on the tower or structure, including height aboveground.

[d] Antenna(s) type, manufacturer and model number for each antenna.

[e] For each antenna, the antenna gain and radiation pattern.

[f] The number of channels per antenna, projected and maximum.

[g] The power input to each antenna.

[h] The power output (ERP), in normal use and at maximum output, for each antenna and all antennas as an aggregate.

[i] The output frequency of the transmitter(s).

(c) For applications involving tower construction or modification to accommodate a personal wireless service facility:

[1] The applicant shall provide a listing of all existing and planned (if known) personal wireless service facility sites and all existing antenna sites within the Town of North East and within a seven-mile radius of the proposed tower site. The list shall include site elevation, tower height, type of service, antenna type(s), orientation, center of radiation and ERP for each site, where such information is known or available.

[2] The applicant shall provide written documentation of any facility sites in North East, and within a seven-mile radius of the proposed site, in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that the facility site is not already providing, or does not have the potential by adjusting the site to provide, adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output, shall be specified. Radial plots from each of these facility sites as they exist, and with adjustments as above, shall be provided as part of the application, where such information is known or available.

[3] The applicant shall demonstrate with written documentation that it has examined all facility sites towers or structures located in North East and within a seven-mile radius of the proposed site in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site examined, the exact location (in longitude and latitude to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application, where such information is known or available.

[4] The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSFs in conjunction with all sites listed in compliance with Subsections B(5)(c)[1], [2] and [3] to provide adequate coverage and/or adequate capacity to the Town of North East. Radial plots indicating such consideration shall be provided as part of the application.

[5] The applicant shall describe in detail all other personal wireless service facilities and/or towers which it anticipates it will require in the future within the Town of North East to provide adequate coverage to this area.

(d) Completed Part I of the long form environmental assessment form (EAF) and completed visual EAF addendum.

(e) The Zoning Board shall have the power to modify or waive any of these application requirements, or general requirements, where the application is for installation of a repeater only or if it determines that the requirement is not applicable to, or necessary for, the complete review and evaluation of the particular project, or is unduly burdensome to the applicant, and that the waiver of such requirement will not pose a risk to the public health or safety. The Zoning Board may also require such additional documentation or information as it determines may be reasonably necessary for complete review and evaluation of the application.

C. General requirements.

(1) Communications and personal wireless facilities and towers may only be located on lots having a minimum of five acres. This limitation shall not apply to repeaters and non-tower-mounted PWSF's. However, the Zoning Board shall have the power to waive the five-acre requirement if the applicant demonstrates that the proposal meets all setback and other requirements of the Code and will not adversely affect the health, safety and welfare of the neighboring community.

[Amended 1-7-1999 by L.L. No. 1-1999]

(2) No more than one communications or personal wireless tower shall be located on a single lot.

(3) New towers shall be set back at least two times the height of the tower from all boundaries of the facility site on which the tower is located.

[Amended 1-7-1999 by L.L. No. 1-1999]

(4) If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter of the facility site, except where the access drive is located.

[Amended 1-7-1999 by L.L. No. 1-1999]

(5) Fencing and signs. The area around the tower and communication equipment shelter(s) and other accessory structures shall be completely fenced for security to a height of six feet and gated. A sign of 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 adjacent to the entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence.

[Amended 1-7-1999 by L.L. No. 1-1999]

(6) Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other and shall be a single story. The buildings shall be used only for the housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

[Amended 1-7-1999 by L.L. No. 1-1999]

(7) New towers, including masts, antenna and other accessory facilities, shall not exceed the minimum height necessary to provide adequate coverage for any personal wireless service facilities proposed for use on the tower, but in no event shall they be constructed to a height greater than 199 feet above the ground on which the tower is to be located.

(8) Tower finish. New tower(s) shall have a galvanized finish unless otherwise required. The Zoning Board may require the tower to be painted or otherwise camouflaged to minimize the adverse visual impact.

(9) Monopole and other less obtrusive tower designs shall be encouraged. However, where practicable, towers should be designed and constructed in a manner which will accommodate future sharing.

(10) The use of repeaters and/or non-tower-mounted PWSF's to assure adequate coverage for personal wireless service, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a special permit for a personal wireless facility, with at least 30 days' written notice to the Code Enforcement Officer and Zoning Board of Appeals, may install one or more additional repeaters on an existing structure without the necessity for special permit application, but such installation shall be subject to site plan review and approval by the Planning Board. Notwithstanding the provisions of Article V of the Town Code, a repeater is a use for which the Zoning Board may issue a special permit, subject to site plan review, in the Medium Density Residential (R20,000); Highway Business I (HB-I); Highway Business II (HB-II); Highway Business III (HB-III); Industrial (M); Light Industrial (M-A); and Boulevard Districts.

(11) [4]Commercial advertising shall not be allowed on any antenna, tower, communication equipment shelter or accessory structure.

[4] Editor's Note: Former Subsection C(11), regarding primary coverage outside the Town of North East, was repealed 1-7-1999 by L.L. No. 1-1999.

(12) Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless service or communication facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site. This prohibition shall not apply to lighting requirements imposed on existing towers or facilities by amendments to the statutes, rules or regulations of the Federal Aviation Administration enacted subsequent to the approval of those towers or facilities.

[Amended 1-7-1999 by L.L. No. 1-1999]

(13) No tower or personal wireless service or communications facility that would be classified as an obstruction hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 CFR), is permitted.

(14) No tower shall be located:

[Amended 1-7-1999 by L.L. No. 1-1999]

(a) Closer than 750 feet, on a horizontal plane, to any structure existing at the time of application which is, or is able to be occupied or habitable on the property of any school (both public and private).

(b) Closer than 750 feet, on a horizontal plane, to an existing dwelling unit or day-care center, hospital, nursing home, church, synagogue or other place of worship.

(c) Closer than 300 feet, on a horizontal plane, to the nearest property line or 500 feet to the nearest habitable structure.

(d) Closer than twice its height, on a horizontal plane, to a power line.

(e) Within any of the following prohibited areas:

[1] Wetland regulated by the Department of Environmental Conservation (DEC) or federally regulated.

[2] The habitat of any state-listed rare or endangered wildlife or rare plant species.

[3] Within 100 feet horizontally of the boundary of any wetland regulated by New York or the DEC.

[4] Within 100 feet horizontally of the edge of any watercourse and/or water body.

[5] Within 500 feet horizontally of any historic district or property listed on the State or Federal Register of Historic Places.

[6] Within 500 feet horizontally of any known archaeological site.

D. Standards for siting.

(1) Visual/aesthetic. Towers shall, when possible, be sited off ridge lines, and where their visual impact is least detrimental to significant scenic areas.

(2) The use of sites distant from residential properties, and where visual impact can be minimized, shall be encouraged.

(3) Shared use of communications and personal wireless service facilities shall be strongly encouraged.

(4) Communications and personal wireless service towers and facilities shall be located so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which are technically and economically feasible.

E. Approval criteria. In addition to meeting all approval criteria for special permits, no special permit for a communication or personal wireless service tower or facility shall be granted unless it has been demonstrated:

(1) That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of North East.

(2) That the applicant is not able to use existing communications facility or PWSF sites, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of North East due to:

(a) The absence of existing towers or facilities in the area requiring service;

(b) An inability to use existing sites in a technologically feasible manner consistent with the personal wireless service provider's system requirements;

(c) Structural or other engineering limitations such as frequency incompatibilities; or

(d) An inability to secure permission of the owner(s) of the existing site(s) and/or antenna(s) facility at fair market cost to allow collocation.

(3) That the proposed facility is the minimum height and aesthetic intrusion necessary to provide adequate coverage to the Town of North East.

(4) That the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.

(5) That the proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values and/or natural or man-made resources.

(6) That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the tower and/or facility.

(7) That the proposal shall strictly comply with FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place, and paid for by the applicant.

F. Consultant fees. The Zoning Board may, in its discretion, retain the services of independent consultants of its own choosing to assist in the review and determination of the application. All costs to the Town for these consultants shall be reimbursed to the Town by the applicant as set forth in Chapter 92, Article I, Reimbursement of Professional Fees. These costs shall be charged to the applicant in accordance with a schedule of fees adopted by the Town Board, which schedule shall contain a reasonable limitation on the total amount of fees which can be charged to the applicant. The Zoning Board may require the applicant to fund an account which the Town may draw on to ensure reimbursement of those fees.

[Amended 1-7-1999 by L.L. No. 1-1999[5]]

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

G. Decision. Any decision of the Zoning Board to grant or deny an application shall be in writing and supported by substantial evidence on the record.

H. Inspection of facilities.

[Amended 1-7-1999 by L.L. No. 1-1999]

(1) Structural inspection. Tower owner(s) shall conduct inspections of the tower's structural integrity and safety by an independent licensed professional structural engineer. Guyed towers shall be inspected every three years. Monopoles and non-guyed lattice towers shall be inspected every five years. A report of the inspection results shall be certified and submitted to the Town Board and the Zoning Enforcement Officer. Any major modification of an existing facility which includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.

(2) Unsafe structures. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the inspecting engineer, render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 business days of the submission of the remediation plan, and completed within 10 business days after commencement. Failure to accomplish this remediation of structural defect(s) within 10 business days shall be a violation of the special use permit and shall be grounds for revocation of the special permit by the Planning Board, after public hearing, and subject the facility owner and/or operator to other enforcement and penalty provisions provided in the Town Code.

I. Removal requirements. Any personal wireless service facility which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis. The facility site shall be remediated by removal of all personal wireless service facility improvements which have ceased to operate. If the full height of the tower is not required for the operation of the remaining service(s), and if technically feasible, depending on the construction of the tower, the tower shall be reduced in height accordingly. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The foundations of buildings and structures shall not necessarily be required to be removed. The applicant, upon obtaining a permit, shall provide financial surety in an amount set by the Town Board, and in a form approved by the Town Attorney, to cover the cost of removal of the personal wireless service facility and the remediation of the landscape, should the facility cease to operate.

[Amended 1-7-1999 by L.L. No. 1-1999]

J. Fees and insurance. Towers and personal wireless service facilities shall be insured by the owner(s) of towers and/or personal wireless service facilities against damage to persons or property. The owner(s) of towers and/or personal wireless service facilities shall provide a certificate of insurance to the Town Clerk on an annual basis.

[Amended 1-7-1999 by L.L. No. 1-1999]

§ 180-71 Convenience store.

[Added 10-9-2003 by L.L. No. 3-2003]

A. The maximum gross floor area of a convenience store shall be 3,000 square feet.

B. The number of fuel-dispensing nozzles shall be restricted to a maximum of 24, and the number of pump dispensers (which may have service on both sides) shall be limited to a maximum of four.

C. Adequate parking shall be made available on site for customers making purchases at the store but not buying gasoline. The parking area shall be located in a manner that does not interfere with the safe entry and exit of vehicles purchasing gasoline.

D. An enclosed or fenced area trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises shall be supplied.

E. There shall be no outdoor displays of merchandise.

F. All vending machines shall be located within the building.

G. All rooftop heating/ventilation/air-conditioning or refrigeration units shall be directed away from adjacent residential properties.

H. All standards contained in § 180-52 of this Code relating to motor vehicle service stations shall be adhered to, where applicable.

I. In the site plan approval process, the Planning Board shall apply the following design principles to the facility:

(1) The building shall be located so that its front face is oriented towards the street with the pump, islands and canopy located to the side or rear.

(2) The architecture of the building shall be designed fully on all four sides, where practicable.

§ 180-72 Storage of manure.

[Added 6-12-2014 by L.L. No. 1-2014]

A. Manure may be stored on a property within the A5A and R3A Districts only as an accessory use to the principal use of that property as that term is defined in § 180-5 of this chapter.

B. The storage of manure, whether for purposes of composting or for staging for subsequent removal from the property or application to crop fields, shall be deemed to be a normal and customary accessory use to a farm, as that term is defined in § 180-5 of this chapter.

C. Manure shall not be stored for composting or staging for subsequent removal or crop field application or for any other purpose within 100 feet of the center line of any public road or highway. This prohibition shall not, however, apply to a farm or farm operation if stored within a closed container or other structure designed to store and/or compost manure in a location which does not encroach on the road or highway right-of-way and shoulders.

D. Manure stored 100 feet or more from the center line of any public road or highway need not be stored in a closed container or other structure designed to store and/or compost manure.

§ 180-72.1 Solar energy systems.

[Added 10-11-2018 by L.L. No. 3-2018]

A. Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated. The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is both a necessary and priority component of the Town of North East's current and long-term sustainability agenda. It is also part of North East's commitment to be a "climate smart" community. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight while minimizing adverse impacts on neighboring properties so as to protect the public health, safety and welfare.

B. Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter otherwise requires. The definitions set forth in § 180-5 of this chapter shall also apply where appropriate.

BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM

A solar energy system that consists of integrating photovoltaic modules into the building envelope system, such as vertical facades including glass and other materials, semitransparent skylight systems, roofing materials, and shading over windows.

COLLECTIVE SOLAR INSTALLATION

A solar energy system owned collectively through subdivision homeowners' associations, condominium associations, a group of individual property owners or other similar collective arrangements.

FLUSH-MOUNTED SOLAR PANEL

A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this chapter.

GLARE

The effects by reflections of light with intensity sufficient to cause annoyance, discomfort or loss in visual performance and visibility in any material respects.

HISTORIC DISTRICT

A group of buildings, properties, or sites that have been designated by the United States of America, New York State, the Town of North East or the Village of Millerton as historically or architecturally significant.

NET METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the public utility grid so that they only pay for their net electricity usage at the end of the month or year.

PERMIT GRANTING AUTHORITY

The Town's Code Enforcement Officer (as described in § 180-83 of this chapter), who is charged with granting permits for the operation of solar energy systems.

PHOTOVOLTAIC (PV) SYSTEM

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

QUALIFIED SOLAR INSTALLER

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

ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system in which solar panels are mounted on top of the structure of a roof of any legally permitted building either as flush-mounted solar panels or as panels fixed to frames which can be tilted toward the south at an optimal angle.

SETBACK

The required minimum distance from a front lot line, side lot line or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.

SOLAR ACCESS

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

SOLAR CARPORT

A solar photovoltaic cell, panel or array, together with any related equipment as defined in "solar energy system," located over an existing or proposed parking facility.

SOLAR COLLECTOR

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

SOLAR ENERGY SYSTEM

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal and photovoltaic applications. For the purposes of this section, a solar energy system does not include any system with a solar collector of four square feet or less in surface area.

SOLAR ENERGY SYSTEM BUILDING PERMIT

A building permit in the form approved by the Town Board for the construction of a solar energy system.

SOLAR FARM

An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. It may also be referred to as a "solar power plant."

SOLAR MODULE SURFACE AREA

The aggregate square footage of all solar panels which are part of a solar energy system installation, based upon the outer dimension length times width of each of the modules.

SOLAR PANEL

A photovoltaic device capable of collecting and directly converting solar energy into electricity. It may also be referred to as a "solar module."

SOLAR STORAGE BATTERY

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

SOLAR THERMAL SYSTEM

A solar energy system that directly heats water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water or heating pool water.

C. Applicability.

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

(2) Solar energy systems for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this section shall not be required to meet the requirements of this section.

(3) Modifications to an existing solar energy system that increase the solar energy system area by more than 25% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.

(4) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "Building Code"), the New York State Energy Conservation Construction Code (the "Energy Code") and the Town Code, as well as may be required by Public Service Commission regulations.

(5) No solar energy system shall be permitted to be installed if it is determined by the Code Enforcement Officer that such system presents an unreasonable safety risk because of weight load, wind resistance, ingress or egress in the event of fire or other emergency, or any other reason.

(6) In order to make this assessment, the Code Enforcement Officer may require certification from a New York State licensed professional engineer that the system design conforms with applicable codes, regulations and industry standards and that the system has been properly installed and anchored to prevent flotation, collapse or lateral movement.

(7) All solar energy systems and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties or roadways, and all solar panels shall have anti-reflective coatings.

(8) Solar energy systems, unless part of a solar farm or solar power plant, shall be permitted only to provide power for the reasonably projected on-site consumption use by owners, lessees, tenants, residents, or other occupants of the property on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.

(9) All solar energy systems shall be subject to the lot coverage requirements of this chapter. The lot coverage of a solar energy system shall include:

(a) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars;

(b) All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers or storage cells;

(c) Paved access roads servicing the solar energy system; and

(d) The total surface area of a regular geometric form enveloping the freestanding or ground-mounted solar energy system.

(10) No solar carport on a residential parcel shall be larger than an area sufficient to cover two motor vehicles.

D. Permitting and approval requirements.

(1) All solar energy systems shall require the issuance of a solar energy system building permit.

(2) Rooftop or building-mounted solar energy systems that generate electricity primarily for use on site shall be permitted as an accessory use in all zoning districts.

(3) Building-integrated photovoltaic systems are permitted as an accessory use in all zoning districts, provided they are shown on the plans submitted for the building permit application for the building containing the system approved by the Town's Code Enforcement Officer.

(4) Rooftop or building-mounted solar energy systems which are to be located in any historic district shall, in addition to a solar energy system building permit, require the issuance of a special use permit from the Zoning Board of Appeals ("ZBA").

(5) Freestanding or ground-mounted solar energy systems, including solar carports, that generate electricity primarily for use on site shall be permitted in all zoning districts, subject to the issuance of a solar energy system building permit and issuance of a special use permit by the ZBA.

(6) Solar thermal systems that generate hot water or electricity primarily for use on site shall be permitted in all zoning districts and shall only require a special use permit if ground-mounted.

(7) In addition to any other requirements for issuance of a special use permit set forth in this chapter, the applicant shall submit the following information in connection with the application for a special use permit; provided, however, that the information required in Subsection D(1)(a) shall not be required for rooftop or building-mounted solar energy systems, building-integrated photovoltaic systems or solar carports:

(a) A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.

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

(c) Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.

(d) A description of any clearing of trees incident to construction of the system.

(e) All information required by the solar energy system building permit.

(f) For solar farms, the additional information described in Subsection I of this section.

(g) Any other information or documentation which the Zoning Board deems necessary for adequate review of the application.

(h) Review by the ZBA shall, in addition to the other requirements for issuance of a special use permit, include consideration of the requirements of this section and the visual impact of the proposed solar installation, including on scenic and historic resources, and any related mitigation that may be deemed reasonably undertaken. The ZBA may require an applicant to submit a viewshed analysis meeting the requirements set forth in the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf., or other generally accepted viewshed analysis.

(i) The ZBA and the Planning Board are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically viable over time.

E. Additional requirements for rooftop and building-mounted solar energy systems.

(1) Rooftop installations shall incorporate, when feasible, the following design requirements:

(a) Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

(b) Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

(c) Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

(d) Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

(2) Rooftop and building-mounted solar energy systems shall not exceed the maximum height limitations for the zoning district within which they are located.

(3) All such installations shall comply with the New York State Code to ensure firefighter and other emergency responder safety and access.

F. Additional requirements for freestanding and ground-mounted solar energy systems.

(1) In all zoning districts, a lot must have a minimum area of one acre in order for a freestanding or ground-mounted solar energy system to be permitted.

(2) The location of a ground-mounted or freestanding solar collector shall comply with the applicable setback requirements set forth in this chapter for the applicable district.

(3) No freestanding or ground-mounted solar energy system shall be permitted in either a required front yard as set forth for the zoning district within which the system is proposed or between the principal building on the lot and the fronting street or roadway, whichever is the greater distance.

(4) Any structures designed and/or constructed to position, hold and/or otherwise support any freestanding or ground-mounted solar energy system equipment shall not cause the top edge of the solar panel to be greater than 12 feet above ground level when oriented at a maximum vertical tilt.

(5) Any on-site power lines shall, to the maximum extent practicable, be underground installations.

(6) Freestanding or ground-mounted solar energy systems shall be screened to the extent practicable from adjoining residential lots and public rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other features which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with the normal operation of the solar collectors.

(7) Solar energy systems shall be located in a manner to reasonably minimize shading of property to the north while still providing adequate solar access for collectors.

(8) The area both beneath and between ground-mounted and freestanding solar collectors, i.e., within the regular geometric form cited above, shall be included in calculating whether the lot meets the maximum permitted building coverage and lot coverage and minimum open space standards for the zoning district within which the system is located. The system shall, however, not be considered in calculating whether any limitation on either the number or aggregate square footage of accessory structures is exceeded.

(9) The location of any freestanding or ground-mounted solar system, or any portion thereof, shall not encroach upon any ecologically sensitive land or water resource or be permitted on any land subject to a conservation or agricultural easement, the terms of which would preclude construction of the solar energy system.

(10) Setback, screening and other requirements for solar carports may be modified or waived by the ZBA as part of the special use permit process where appropriate to permit, for example, the construction of a solar carport in an existing or proposed commercial parking lot.

G. Additional requirements for Small-Scale Solar Thermal Systems. To the extent applicable, the installation of ground-mounted and freestanding solar thermal systems shall be subject to the same requirements as those set forth above for ground-mounted and freestanding solar energy systems.

H. Safety and maintenance requirements for solar energy system installation.

(1) Except for those systems where the electricity generated is for residential use only and which are not part of a collective solar installation, the installation of all solar energy systems and any related equipment must be performed by a qualified solar installer.

(2) Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.

(3) Any connection to the public utility grid must be inspected by and comply with the requirements of the appropriate public utility and with any additional requirements of the New York State Public Service Commission.

(4) Solar energy systems shall be maintained in good working order.

(5) If a solar storage battery is included as part of the solar energy system, it must be placed in a secure container or enclosure meeting the requirements of the State Uniform Fire Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations. Markings on such a storage battery shall be in accordance with the provisions of the state code and the National Electrical Code.

(6) If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove all equipment associated with the solar energy system by no later than 90 days after the end of the twelve-month period.

(7) Marking of Equipment.

(a) Solar emergency systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

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

(c) In the event any of the standards in this Subsection H(7) for markings are more-stringent than applicable provisions of the State Uniform Fire Code, they shall be deemed to be guidelines only, and the standards of the state code shall apply.

I. Solar farms.

(1) Subject to Subsection I(2) below, solar farms shall be permitted only in the A5A, R1A, R3A, LC, HB-I, HB-II, HB-III, M and M-A Zoning Districts, as described in §§ 180-6 and 180-7 of this chapter, subject to issuance of a solar energy system building permit and a special use permit by the ZBA.

(2) In addition to any other requirements for issuance of a special use permit, the applicant shall submit the following information:

(a) A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.

(b) Property lines and physical features, including roads, for the project site.

(c) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

(d) Drawings showing the location and size of any proposed towers or utility lines.

(e) A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

(f) Name, address and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. If the final system installer is different, the requested information for such final installer shall be submitted prior to the issuance of a building permit.

(g) Name, address, phone number and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

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

(i) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the ZBA.

(j) Blueprints, signed by a professional engineer or registered architect, of the solar energy system showing the layout of the system.

(k) Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.

(l) A description of any clearing of trees incident to construction of the system.

(m) In the course of its review of a proposal for development of a solar farm, the Zoning Board of Appeals and/or Planning Board may require an applicant to submit a viewshed analysis meeting the procedures identified within the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf or any other generally accepted viewshed analysis.

(n) Such other documentation and information which the ZBA deems necessary for adequate review of the application.

(3) No solar farm shall be permitted:

(a) On federal or state wetlands, or their buffer areas;

(b) Ecologically sensitive land or water resources;

(c) On land subject to conservation or agricultural easements the terms of which easement would preclude construction of a solar farm; or

(d) To remove prime agricultural land or farmland of statewide importance from potential agricultural production.

(4) The installation of the solar power plant shall cause neither the cutting, within or at the periphery of a forested or woodland area, of more than 50% of the trees of six inches or more in diameter at breast height over any continuous land area of 1/4 acre nor overall site disturbance caused by grading, tree removal or other work on the solar farm site and its access exceeding a total of one acre.

(5) The parcel on which a solar farm is sited shall be a minimum of 10 acres.

(6) No solar farm shall be larger than 30 acres, including fencing.

(7) No part of any structure shall be closer than 100 feet to any property line or to any public road. However, the Zoning Board of Appeals shall have the authority to impose greater setbacks as it determines necessary to preserve the rural character and scenic qualities of the surrounding community or to mitigate adverse visual impacts of the solar farm facility.

(8) Solar farms shall be enclosed by perimeter fencing, eight feet in height and set back at a sufficient distance from all components of the solar installation to restrict unauthorized access or other safety hazard. The type of perimeter fencing shall be subject to approval by the ZBA.

(9) Agricultural uses, including the raising of organic crops and small animals, such as sheep, rabbits and chickens, may be carried out within the fenced perimeter of a solar farm.

(10) The ground within the fenced perimeter of a solar farm shall not be tamped, compressed, or otherwise specially conditioned with herbicides, pesticides or similar other treatments to inhibit the growth of natural vegetation.

(11) The manufacturer's or installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible.

(12) Solar farm buildings and accessory structures shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment. Appropriate landscaping and/or screening materials may be required to help screen the solar power plant and accessory structures from scenic roadways, parklands, historic properties and neighboring residences.

(13) The average height of the solar panel arrays shall not exceed 12 feet.

(14) Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent private properties and public roadways.

(15) There shall be no outdoor lighting associated with the solar farm except as considered desirable for activation in the case of an emergency.

(16) The use of paving and concrete shall be minimized in the design and construction of a solar farm.

(17) Any on-site power lines shall, to the maximum extent practicable, be underground installations.

(18) Decommissioning.

(a) All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the structure. The decommissioning plan shall acknowledge the above requirements and explain how the removal of all aboveground material and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution, which shall in no event exceed one year. As part of the plan, the applicant shall also acknowledge that, should the removal not occur in accordance with the plan, the Town may remove the system and restore the property and impose a lien on the property to cover any costs to the Town exceeding those covered by the bond or other performance guarantee.

(b) The site shall be restored to as natural a condition as possible within six months of the removal.

(19) Bond.

(a) Prior to issuance of a building permit or special use permit, the owner or operator of the solar farm shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated costs, as determined by the Planning Board upon recommendation of the Town Engineer, to ensure removal of the solar energy system or facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Attorney to the Town and the Town Board, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar farm or solar power plant, a demolition permit for removal activities shall be obtained from the Town.

(b) In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period set forth in § 180-72.1I(15) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such a decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the property. A copy showing the stamp of the Recorder of Deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.

J. Conforming amendments. [To be provided]

K. Enforcement. Any violation of this section shall be subject to the same enforcement requirements, including civil and criminal penalties, as provided for in § 121-71 of the Town Code.