Town of Newburgh, NY Article VI Supplementary Regulations Applicable to Certain Uses

§ 185-23 Mobile home courts.

A. Permits.

(1) No person shall construct, own or operate a mobile home court without a permit obtained as herein provided, and failure to have such a permit shall constitute a violation of this chapter.

(2) A mobile home court shall be allowed only by authorization of the Planning Board and only in those districts where such use is permitted.

(3) Each application for a mobile home court shall be filed with the Planning Board for appropriate action. Upon approval by the Planning Board, the Building and Code Enforcement Officer shall issue a permit.

(4) Permits shall not be transferable or assignable.

(5) After issuance of a permit, the same shall be valid until the end of the calendar year and shall be renewable annually.

(6) Renewal applications shall be filed with the Building and Code Enforcement Officer before the first day of December next preceding expiration of the original permit. Prior to the issuance of a renewal permit, the Building and Code Enforcement Officer shall inspect the mobile home court premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and which shall be in conformance with these regulations. Upon approval by the Building and Code Enforcement Officer or Planning Board, as the case may be, a renewal permit shall be issued.

(7) Each application for a mobile home court shall be in writing, signed by the applicant, and shall state:

(a) The name and address of the applicant or applicants, if a partnership.

(b) The name and address of each officer and director, if a corporation.

(c) The interest of the applicant in the property, if not the owner of record.

(d) The name and address of the property owner.

(8) Each application shall be accompanied by a site plan in accordance with Article IX of this chapter.

B. Requirements and standards.

(1) The site for a mobile home court shall be not less than 20 acres and shall have not less than 48 mobile home plots available at first occupancy, and each such plot shall contain at least 6,000 square feet and provide an average width of at least 60 feet.

(2) Not less then 10% of the total area of any mobile home court shall be devoted to common recreation areas and facilities, such as playgrounds, swimming pools and community buildings, to be owned and operated by the mobile home court owner. Such facilities shall be conveniently accessible to all dwellings within the court and so designed as to minimize traffic hazards to users and adverse effects on surrounding residential uses.

(3) The site shall be well drained and shall have such grades and soil as to make it suitable for the purpose intended.

(4) Each mobile home plot shall provide suitable connection to an approved central sewage disposal and water system. Sewage disposal and water supply systems shall have the approval of the New York State Department of Health and any similar local law in effect by the Town, whichever is more restrictive. A mobile home court shall provide Town water supply and sewage disposal when available.

(5) Each mobile home plot shall be provided with a four-inch concrete slab of at least 10 by 18 feet for use as a terrace and so located as to be adjacent to and parallel to the mobile home.

(6) Each mobile home plot shall contain an underground electrical outlet to which the electrical system of the mobile home can be connected.

(7) No mobile home shall be less than 40 feet from any other mobile home.

(8) Tenant storage space shall be provided at a minimum of 90 cubic feet per mobile home plot, exclusive of space used for fuel oil storage. Such space shall be fully enclosed and located within 200 feet of the mobile home plot it is intended to serve.

(9) No outside burning of garbage, trash or rubbish shall be permitted.

(10) At least one public telephone shall be provided for each mobile home court.

(11) Fire extinguishers approved by the Town Fire Marshal shall be provided so that no mobile home shall be more than 150 feet from such extinguisher.

(12) All mobile homes and other structures shall be set back at least 60 feet from the right-of-way line of any public street or property boundary. All mobile homes shall be set back at least 25 feet from the edge of the pavement providing access to the mobile home plot and 15 feet from any side or rear lot line, excepting where such line is contiguous with a property line or public right-of-way.

(13) Access to a mobile home court from a public street shall be provided by at least two roadways with a minimum right-of-way of 50 feet and a paved width of at least 24 feet. Access streets to individual mobile home plots shall provide a minimum right-of-way of 34 feet and a paved width of at least 20 feet. On-street parallel parking shall be prohibited except where paved street widths are increased eight feet for each additional parking lane to be provided. The following street standards shall be applicable:

(a) Pavement. All streets shall be surfaced as provided in Town standards for private roads.

(b) Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage, ease of operation and safety under winter conditions but shall not exceed a grade of 10% for main streets or 12% for access streets and shall not be less than 1/2% for any street.

(14) Two paved off-street parking spaces shall be provided for each mobile home plot. At least one of the spaces shall be adjacent to or within the individual plot; the second may be contained in one or more group parking areas. Each such required car parking area shall be so located as to provide convenient access to the mobile homes but shall not exceed a distance of 200 feet from any mobile home that it is intended to serve.

(15) All means of egress and ingress, drives, lanes and public spaces shall be adequately lighted. Exits, entrances, drives and lanes shall have at least one shielded five-hundred-lumen bulb for each 50 feet of drive or one seven-thousand-lumen streetlight every 300 feet.

(16) One nonflashing illuminated sign containing an area of not more than 50 square feet and not more than 10 feet above ground level at its highest point may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from the boundary of the parcel.

(17) The following electrical distribution service facilities shall be provided:

(a) Service equipment. A weatherproof overcurrent protection device and disconnection means shall be provided for each mobile home plot. Individual mobile home plot overcurrent protection device, disconnect means and branch service shall be a minimum 100 amperes for two-hundred-twenty-volt service.

(b) Branch service. Branch services shall be installed underground and shall terminate in a weatherproof receptacle.

(18) All mobile home courts shall be landscaped in accordance with the following specifications:

(a) All courts shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening materials as approved by the Planning Board and deemed appropriate for the purposes of this section. Such screening shall be at least 50 feet in depth. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

(b) All open portions of any plot shall have adequate grading and drainage and shall be continually maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover or by other suitable material as shall be approved by the Planning Board.

(c) Required front yard areas shall be planned, landscaped and maintained in such a manner as to provide a park-like setting for all units.

(19) No mobile home may be stacked on top of another mobile home or so placed as to exceed 15 feet from ground level.

(20) The sale of mobile homes shall be permitted at any properly licensed mobile home court. Any mobile homes displayed for sale in a licensed court shall be placed one each on a plot of 8,000 square feet and shall comply with all minimum setbacks set forth in this section. Display in rows is prohibited.

(21) A mobile home court containing homes without built-in washer and dryer units shall provide one building centrally located for each 100 homes or fraction thereof containing the following: for each sex, one flush toilet and one lavatory; and laundromat facilities for the sole convenience of residents of the court.

(22) A covered refuse and recycling collection station shall be provided for every 10 mobile home plots. No such collection station shall be farther than 200 feet from the plot served. Provisions shall be made for the collection and removal of said refuse at least once a week.

(23) Asphalt or concrete paved walks shall be provided in a network serving all mobile home plots and related facilities in any court providing more than 48 plots.

(24) All mobile home courts shall have fire hydrants installed as specified by the local fire officers in accordance with Town regulations.

C. Prior courts. Expansion of an existing mobile home court after the effective date of this chapter shall be made only in accordance with the foregoing regulations and with § 185-19 of this chapter.

§ 185-24 Education facilities in the Education Facility Overlay District.

[Added 8-11-1993 by L.L. No. 1-1993]

A. Site plan review and approval required. In the Education Facility Overlay District, education facility use by schools and colleges or consortiums thereof shall be permitted subject to site plan review and approval by the Planning Board in accordance with Article IX of this chapter and the conditions, restrictions and standards set forth below.

B. Conditions, restrictions and standards.

(1) Education facility use in the Education Facility Overlay District shall be limited to structured learning activities, meetings, conferences, indoor performances, nonspectator indoor sports activities without bleachers or other provisions for spectator seating, outdoor nonspectator sports and recreation activities, college-community integration activities, social gatherings and the following support uses: arboretums, museums, libraries, academic and administrative offices and adjunct clerical and computer services. Student housing, student food service, research laboratories, separate power facilities, separate storage facilities and warehouses shall not be permitted. Accessory residences may be permitted for caretakers or temporary visiting academicians and school or college guests only. The term "student food service," as used in this section, shall mean a kitchen and dining facility with self-service or counter service where food is prepared and consumed on the premises during periods of facility operation and shall not be construed to include social functions of the school or college. While storage facilities are not permitted as a primary use, accessory buildings in accordance with § 185-15 are permitted to be used for storage and toolsheds as an accessory use.

(2) Such education facility use may be permitted in the overlay district within an existing building or within a building to be constructed.

(3) Access to the facility along Town roads from a state or county road shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhood.

(4) The distance between a principal building and any other proposed principal building shall be not less than 50 feet.

(5) The entire site shall be screened in accordance with this chapter's definition of "screening" so as to adequately protect the view of neighboring properties as well as to protect said properties from disturbances from noise and light generated on the site. Parking, recycling or dumpster areas and recreation and sports areas shall be separately screened to assure an attractive environment within the site. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

(6) A buffer strip, as defined by this chapter, shall be provided between the parcel and any property line of an adjacent residentially zoned parcel; provided, however, that in the event that an existing building to be converted to an education facility use is less than 50 feet from the property line, the buffer width requirements may be modified by the Planning Board to accommodate the existing condition, upon the provision of adequate additional screening. No part of the buffer strip may be used for parking, driveways or internal streets.

(7) No off-street parking areas shall be located in any required front yard or within the required buffer. Parking spaces shall be provided in accordance with the minimum requirements set forth in § 185-13.

(8) Bulk restrictions.

(a) The following bulk restrictions shall apply to such education facilities:

[1] Maximum permitted lot building coverage: 15%.

[2] Maximum permitted building height: 35 feet.

[3] Maximum permitted lot surface coverage: 50%.

[4] Minimum required front yard: 75 feet.

[5] Minimum required lot width: 300 feet.

[6] Minimum required lot depth: 300 feet.

[7] Minimum required rear yard: 50 feet.

[8] Minimum required side yard [one]: 50 feet.

[9] Minimum requirement for both side yards: 100 feet.

(b) No accessory building or structure shall be located in a front yard.

(9) Such education facilities are subject to architectural review in accordance with Article X.

§ 185-25 Multiple dwellings and townhouses.

A. Ownership. The entire site occupied by a multiple-dwelling or a townhouse development and related accessory structures shall be maintained in single or group ownership or common control throughout the life of the development.

B. Intensity of use.

(1) The maximum number of dwelling units that may be approved in a townhouse or multiple-dwelling development other than a cluster development shall be computed by multiplying the usable area of the site, in acres, by the appropriate maximum number of dwelling units per acre for the district in which the site is located, as provided in Article IV, Schedules of District Regulations, of this chapter.

(2) The maximum number of dwelling units shall not be approved unless, in the judgment of the Planning Board, the site plan indicates adequate design and management of open space areas according to all the criteria contained in Article IX, Site Plan Review, with special attention to:

(a) Provision of recreation areas.

(b) Protection and enhancement of the resources of the site, including landforms, soils, water bodies and natural vegetation.

(c) Protection or enhancement of scenic quality.

C. Design criteria.

(1) Access facilities shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhood.

(2) Vehicular entrances and exits shall be clearly visible from the street and shall be at least 150 feet from the center line of any street intersection. At the intersection of such entrances and exits with the main street, sight distances along the main street shall be sufficient to provide a clear line of sight in each direction equal to the distance traveled in 10 seconds at the posted speed limit.

(3) The distance between the rear of a principal building and any other principal building shall not be less than 75 feet nor less than twice the height of the taller building.

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

(4) The distance between the side of a principal building and the side of any other principal building shall be not less than the height of the taller of the two buildings.

(5) The site shall be served by public sewer and water facilities which shall be approved by all agencies having jurisdiction.

(6) Any parking or garage area, service or drying yard or active recreation area shall be screened so as to adequately protect the view of neighboring properties as well as to assure an attractive environment within the site.

(7) There shall be provided on any townhouse or multiple-dwelling site common open space at the rate of 700 square feet per dwelling unit. Utilizing the latest edition of the New Practitioners Guide to Fiscal Impact Analysis, published by the Center For Urban Policy Research of Rutgers University, Exhibit 17, Regional and National Demographic Multipliers for Common Configurations of Standard Housing Types for Preschool Children, or other demographic data acceptable to the Planning Board, there shall be provided usable open space for the outdoor play of younger children at the rate of 100 square feet per one preschool-aged child (or fraction thereof) projected as being generated by the proposed housing type(s) according to the proposed number of bedrooms per unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or homeowners' association and shall be suitably fenced or screened. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.

(8) In any townhouse or multiple-dwelling development, front, rear and side yards shall be established for each block bounded by streets.

(9) A rear or side yard between any townhouse or multiple-dwelling site and the adjacent single-family use and two-family use on any properties in any residential districts shall have a minimum width or depth in accordance with the following table which supersedes the Table of Use and Bulk Requirements.

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

	Minimum Adjacent Side and Rear Yard Requirements Table for Multiple Dwellings and Townhouses Abutting Single-Family and Two-Family Uses in Residential Zones*
		Minimum Side/Rear Yard Adjacent to Residential Zone
	Building length or height	Average total length of buildings facing residential zone boundary of less than 75 ft. and single story height	50 feet
		Average total length of buildings facing residential zone boundary of 76 to 125 ft. or two story height	55 feet
		Average total length of buildings facing residential zone boundary of 126 ft. or height above two stories on any side	60 feet

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

(10) All buffer strips and screening shall be in accordance with the standards and requirements contained in § 185-21; except for property lines abutting multiple dwelling or townhouse use properties in residential zones, the buffer strip shall be at least 50 feet in depth, of which a maximum of 20 feet may be used for parking, and the 30 feet closest to the property line shall contain plantings, either existing or proposed, sufficient to screen the townhouse or multiple-dwelling site from adjacent uses. No off-street parking areas or spaces shall be located within 30 feet of any such side or rear lot line abutting multiple dwelling or townhouse use properties in residential zones. No off-street parking areas or spaces shall be located in any overall parcel's required front yard.

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

D. Conversion of existing dwellings to multifamily use.

(1) The maximum number of dwelling units that may be permitted in any conversion shall be as set forth in Article IV, Schedules of District Regulations, of this chapter.

(2) The exterior of any dwelling to be converted to multifamily use shall not be enlarged, extended or altered except as required for compliance with the New York State Multiple Dwelling Law.

§ 185-26 Cluster developments.

A. Purpose. In all districts where cluster developments are permitted, the Planning Board may approve cluster developments and may require proposed subdivisions to be clustered according to the procedures and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open space and to protect the resources of the Town. The following provisions of this § 185-26 implement the conditions of Section 278 of the Town Law and add other reasonable conditions the Town Board has determined, pursuant to its authority under Section 278, are appropriate.

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

B. Intensity of use. Based on consideration of the following criteria, the Planning Board shall determine the maximum number of dwelling units that the site is capable of supporting without causing adverse effects to the resources of the Town:

(1) Density. The permitted number of dwelling units shall in no case exceed the number of units that, in the judgment of the Planning Board, would be approved if the parcel were subdivided into lots conforming to the minimum lot size and bulk requirements of this chapter applicable to the district or districts in which such parcel is situated and conforming to all other requirements. In order to determine the appropriate maximum number of dwelling units for the parcel in a manner consistent with the letter and spirit of § 281 of the Town Law (Chapter 62 of the Consolidated Laws, Article 16),[1] the applicant shall submit a sketch plan for a subdivision of the parcel pursuant to the conventional application of this chapter. An applicant's intention to establish condominium or cooperative ownership shall not relieve him from such justification of the maximum permitted density for the cluster development.

[1] Editor's Note: Former § 281 of the Town Law was renumbered as § 278 of the Town Law by L. 1992, c. 727, § 3.

(2) Environmentally sensitive areas. In making its determination of the maximum permitted number of dwelling units for a cluster development, the Planning Board shall consider the requirements for protection of environmentally sensitive resources or unique natural features, such as, but not limited to, steep slopes, wetlands, floodplains and water bodies.

(3) Open space management. The maximum number of dwelling units shall not be approved unless, in the judgment of the Planning Board, the site plan indicates adequate design and management of open space areas according to all the criteria contained in Article IX, Site Plan Review, with special attention to:

(a) Provision of recreation areas.

(b) Protection or enhancement of the resources of the site, including landforms, soils, water bodies and natural vegetation.

(c) Protection or enhancement of scenic quality.

C. Ownership. The area of a cluster development shall be in single ownership or under unified control at the time of application, and all common land and facilities shall remain in single ownership or unified control throughout the life of the development.

D. Utilities. Any cluster development with lot sizes less than (1) acre shall be served by public or central water and sewer facilities, each approved by the appropriate state agency or other entity having jurisdiction. Cluster developments with lot sizes greater than one acre may be served by on-site sewage disposal systems and individual wells.

E. Design criteria.

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

(1) Design criteria for all clusters.

[Added 3-5-2007 by L.L. No. 1-2007[2]]

(a) All buffer strips and screening shall be in accordance with the standards and requirements contained in § 185-21.

[2] Editor's Note: This local law also renumbered former subsections E(1) and (2) as E(2) and (3).

(2) Design criteria for single-family dwelling clusters.

(a) Access facilities shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhood.

(b) Vehicular entrances and exits shall be clearly visible from the street and shall be at least 150 feet from any street intersection. At the intersection of such entrances and exits with the main street, sight distances along the main street shall be 500 feet in both directions.

(c) Rear yards abutting adjacent properties not part of the cluster in the R-1, R-2 and R-3 Districts shall be at least 40 feet deep and the last 10 feet of the rear yard shall be a landscaped buffer of evergreens, solid fence at least six feet tall or existing vegetation. In the AR and RR Districts, the rear yard shall be 100 feet in depth along with an appropriate ten-foot buffer area. The Planning Board shall have the right to increase this buffer to 20 feet where it deems appropriate in all single family detached clusters in all zones.

(d) Lots for single-family detached dwellings shall not be less than 5,000 square feet in area.

(e) Any clustered residential dwelling on a lot adjacent to a business or industrial use or zone boundary or adjacent to a state or county highway shall have a minimum separation of 100 feet between a clustered residence and the property line of said use, highway or zone.

(3) Design criteria for single-family attached, two-family and multifamily dwelling clusters.

(a) Same as Subsection E(2)(a) and (b) above.

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

(b) The distance between the rear of the principal building and any other principal building shall not be less than 50 feet.

(c) The distance between the side of a principal building and the side of any other principal building shall not be less than the height of the taller of the two buildings.

(d) Any parking or garage area, recycling or dumpster area, service or drying yard or active recreation area shall be screened so as to adequately protect the view of neighboring properties as well as to assure an attractive environment within the site.

(e) A buffer strip shall be provided between any lot in a cluster development and any property line of an adjacent parcel. The buffer strip shall be at least 50 feet in depth, of which a maximum of 20 feet may be used for parking, and the 30 feet closest to the property line shall contain plantings, either existing or proposed, sufficient to screen the cluster development from adjacent uses.

(f) No off-street parking areas or spaces shall be located in the first 50 feet of the front yard or within 30 feet of any side or rear lot line of the overall parcel.

(g) Areas screened as provided in Subsection E(3)(d) above shall be provided for sorting and temporary storage of residents' recyclable waste, dumpsters and such other similar uses as the Planning Board may deem appropriate.

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

(h) Buffer strips which are not part of an individual lot are to be assigned to the homeowners' association upon its formation. The homeowners' association shall be required to maintain the buffer and plantings. Multiple dwellings, townhouses and other uses situated on lots in a cluster development shall be located at least 75 feet from the boundary line of any parcel adjacent to the development. The buffer strip may be included in the measurements of any minimum bulk, setback or separation requirements, notwithstanding its separate ownership.

F. Site plan approval.

(1) Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX of this chapter.

(2) The site plan for any cluster development in the RR District shall indicate no structures or impervious surfaces in the following areas:

(a) Within 200 feet of Chadwick Lake;

(b) Within 100 feet of any drainageway tributary to Chadwick Lake;

(c) On slopes over 15%;

(d) Within 100 feet of any protected wetland;

(e) Within any one-hundred-year floodplain; or

(f) On alluvial soils: Alden soils, Histic humaquepts and Udifluvents-Fluvaquents complex, as mapped in the Soil Survey of Orange County, New York, published by the United States Department of Agriculture, Soil Conservation Service, in October 1981, as amended.

(3) Nothing contained in this section shall relieve the owner or his agent or the developer of a proposed cluster development from obtaining subdivision plat approval in accordance with the Town Subdivision Regulations.[3] In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas of the Town Subdivision Regulations, provided that the common land dedicated in Subsection F(5) of this section meets all other requirements of the Town Subdivision Regulations.

[3] Editor's Note: See Ch. 163, Subdivision of Land.

(4) Prior to site plan approval, the developer shall file with the Planning Board a performance bond or other surety to insure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to insure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

(5) The applicant may develop a nursery school or day-care center on the site designed primarily for the residents of the cluster development. The day-care facility can be located on a portion of the open space.

G. Organization. A cluster development shall be organized as one of the following:

(1) A homeowners' association approved by the Federal Housing Administration for mortgage insurance, by the Attorney General of the State of New York and by the Town Board.

(2) A homeowners' association approved by the Town Attorney and the Town Board. Whenever a homeowners' association is proposed, the Town Board shall have the right to review the articles of incorporation and charter of said homeowners' association and to ensure that the intent and purpose of this section are carried out.

(3) A funded community trust, whereby title to all common open space and other facilities is transferred by deed from the builder or developer to a bank or other fiduciary which, for a fee, acts as trustee for the benefit of all owners and occupants.

(4) Any other arrangement approved by the Town Attorney and the Town Board as satisfying the intent of this section, including condominiums and special districts.

H. Homeowners' association. When considering approval of a homeowners' association, the Town Board shall require the cluster development to meet the following conditions, among others:

(1) The homeowners' association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses of the organization's activities, said proportion to be determined by the tax assessments on the properties.

(2) Title to all common property, exclusive of any land set aside for public schools, shall be placed in the homeowners' association or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time, to be determined by the Planning Board.

(3) Each dwelling unit shall have equal voting rights in the association, and the owner(s) and residents thereof shall have the right to the use and enjoyment of the common property.

(4) Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homeowners' association.

(5) Dedication of all common land areas shall be recorded directly on the subdivision plat or shall be referenced on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

(a) Save the title to the common property to the homeowners' association free of any cloud of implied public dedication, unless a reverter clause was so placed with the approval of the Town Board.

(b) Commit the developer to convey the areas to the homeowners' association at the approved time to be determined by the Planning Board.

(c) Grant easements of enjoyment over the area to the lot owners.

(d) Give the homeowners' association the right to borrow for improvements upon the security of the common areas.

(e) Give the homeowners' association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.

(6) The life of the homeowners' association shall be perpetual, and it shall purchase insurance, shall pay taxes, shall specify in its charter and bylaws provision for an annual homeowner's fee and for assessments and shall establish that all such charges shall become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it also shall have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.

(7) Upon the initiation of the homeowners' association, the developer shall assume all responsibilities as previously outlined for the homeowners' association, voting and paying fees on the basis of all approved but unsold dwelling units. When the majority of the dwelling units are sold, effective control of the homeowners' association will vest in the owners of those dwelling units.

I. Performance of land use. Covenants shall be established and recorded prior to conveyance of any lots limiting all lots to residential use and all common land to open space uses. No buildings or structures may be erected on such common lands except as shown on the approved site plan, and such lands may not be further subdivided.

J. Deeds. Each deed to each lot sold by the original developer, his successor and all subsequent owners shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.

§ 185-27 Hotels, motels and accessory restaurants.

A. Accessory uses. The actual floor area of accessory restaurant, conference or banquet facilities shall be subtracted from the site area available for motel or hotel use.

B. Ownership. The entire property occupied by a hotel, motel and related accessory restaurant structures shall be maintained in common ownership and control throughout the life of the development.

C. Site planning standards.

(1) The site shall have principal frontage on a state or county highway.

(2) Access conditions shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhood.

(3) Vehicular entrances and exits shall be clearly visible from the street and shall be at least 150 feet from the center line of any street intersection. At the intersection of such entrances and exits with the main street, sight distances along the main street shall be sufficient to provide a clear line of sight in each direction equal to the distance traveled in 10 seconds at the posted speed limit.

(4) The site shall be served by public sewer and water facilities which shall be approved by all agencies having jurisdiction.

(5) Any parking or garage area, delivery or service yard or active recreation area shall be screened so as to adequately protect the view of neighboring properties as well as to assure an attractive environment within the site. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

D. Supplementary regulations.

(1) Hotel and motel units shall not contain kitchen facilities of any type in more than 25% in a particular hotel or motel complex; shall not be used as apartments for nontransient tenants; and shall not be connected by interior doors in groups of more than two.

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

(2) Each hotel or motel room shall have an area of not less than 300 square feet. Each hotel or motel unit shall have a bath or shower facility, one toilet facility and a sink.

(3) The following accessory uses may be permitted:

(a) One apartment for the residence of the manager or caretaker and his or her family.

(b) One coffee shop for hotels and motels with no more than 100 rooms. In addition to a coffee shop, hotels or motels with more than 100 rooms are permitted a restaurant with bar facilities, which may be located either in the principal building or in an accessory building.

(c) Amusement or sports facilities for the use of the hotel or motel guests, including swimming pools, children's playgrounds, tennis and other game courts and game or recreation rooms.

(d) Lobby area and office, both of which must be provided for any hotel or motel.

(e) Meeting or conference rooms and banquet facilities.

(f) Motor vehicle rental agency, provided that:

[1] Not more than 10 vehicles are stored on the lot at any one time.

[2] The area used for parking or storage of rental vehicles must be specified by the Planning Board.

[3] Such areas will not be considered as meeting off-street parking area requirements.

(4) All hotels and motels shall be equipped with sprinklers and fire alarm systems.

§ 185-28 Motor vehicle service stations, car washes and rental agencies.

A. The minimum lot size shall (in the B District) be 20,000 square feet for a lot bounded by one street or 30,000 square feet for a lot bounded by two or more streets. The minimum street frontage on any street shall not be less than 100 feet.

B. Entrance and exit driveways shall have an unrestricted width of not less than 25 feet and not more than 50 feet, shall be located not nearer than 10 feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.

C. Vehicles, lifts or pits, dismantled vehicles, all parts and supplies, including tires and other accessories for sale and debris from dismantled vehicles, shall be located within a building enclosed on all sides.

D. All service or repair activities, other than an emergency repair or such minor servicing as the change of tires or sale of gasoline or oil, shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

E. The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet from any property line other than the street line. No gasoline pump shall be located nearer than 15 feet to any street line.

F. No building permit shall be issued for any such establishment within a distance of 200 feet of any school of general education, church, hospital or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line between the nearest point of the fuel pump island or storage tank and the public assembly structure, regardless of the district where either facility is located.

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

G. Before the Planning Board shall approve the plans for a car wash or motor vehicle service station, the Board shall consider the potential interference with or danger to traffic on all abutting streets. The cumulative effect of all curb cuts for any such new use shall also be considered, and in no instance shall a new motor vehicle service station or any other establishment dispensing gasoline be permitted to be established within 1,000 feet in any direction from a lot on which there is an existing motor vehicle service station or other establishment dispensing gasoline. This prohibition shall not apply to gasoline or diesel fuel service facilities located in a travel center approved by the Planning Board.

[Amended 7-15-1996 by L.L. No. 3-1996]

H. The owner of a motor vehicle service station not in compliance with the standards for use provided in this chapter which hereafter becomes vacant and remains unoccupied or is not used for a continuous period of 12 months shall remove all signs and insignia advertising the products and services formerly offered or rendered therein, all product, storage or display racks or bins and all fuel- and air-dispensing devices and allied apparatus not an integral part of the main structure and shall board up any glass areas in a neat and durable manner, painted or treated so as to minimize visual attention or attraction, and no vehicles shall be stored or exposed outside the main structure, and the grounds, main structure and appurtenances shall be maintained in a neat and orderly fashion.

I. The sale of used cars or the display of used cars for sale shall be conducted only in conjunction with a franchised automotive dealership for the sale of new vehicles.

J. No motor vehicle, whether or not in condition for legal use on the public highway, shall be parked or stored outdoors except in accordance with the following:

(1) For service or repair.

(a) No more than three motor vehicles licensed for operation on the public highways may be stored on a temporary basis for service or repair only.

(b) Any such motor vehicles being stored shall be parked in a line and in an orderly fashion with not less than four feet between any parts of any two vehicles.

(c) No such motor vehicles being stored shall be parked within the right-of-way of a public street or within 10 feet of any property line.

(2) For lease or rental.

(a) No more than a total of 10 motor vehicles and trailers for lease or rental may be parked or stored outdoors in a B District. All such vehicles shall be licensed for use.

(b) Any such vehicles or trailers shall be parked in a line in an orderly fashion, with not less than four feet between any parts of any two motor vehicles and not less than two feet between any parts of any two trailers.

(c) No such vehicle or trailer may be parked in any required front yard area.

K. Appropriate plans shall be prepared to provide for the environmentally sound disposal or recycling of wastewater, oil and gasoline products or discharges.

§ 185-29 Membership clubs.

A. Permanent outdoor public address systems shall be prohibited.

B. Exterior lighting other than that essential for the safety and convenience of the members shall be prohibited.

§ 185-30 Outdoor storage.

A. Unless otherwise provided in this chapter, outdoor storage of motor vehicles, trailers, building supplies, raw materials, finished products or machinery and equipment is prohibited, except in accordance with the following:

(1) Such use shall be an accessory use and shall be located on the same lot as the use to which it is accessory.

(2) Such materials or products shall not be stored within the front yard and shall not be closer than 10 feet to any side or rear lot line or 50 feet from a side or rear lot line adjacent to a residence district or lot in residential use.

(3) All outdoor storage areas shall be appropriately screened with landscaping so as to provide an opaque sight barrier at least eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.

(4) No storage area shall occupy more than 30% of the required side or rear yard.

B. No material may be stored in such a storage facility that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.

§ 185-31 Stripping or filling of land.

A. General.

(1) Land may not be stripped or covered with fill for any purpose except in strict conformance with Chapter 83, Clearing and Grading, of this Code.

(2) This section shall not be applicable to sand and gravel or other aggregate mining or quarry operations. Those uses are covered in § 185-36.

(3) Besides the information and materials required to be submitted for site plan review in Article IX, the following additional information and materials shall be submitted:

(a) Documentation regarding permit status with the New York State Department of Environmental Conservation or the United States Army Corps of Engineers prior to the issuance of a permit. Any New York State Department of Environmental Conservation or United States Army Corps of Engineers permit required must be in effect prior to the Town's issuing a permit.

(b) An agreement to indemnify and hold harmless the Town from any claims arising from the proposed activity.

B. Site plan. Applications to the Planning Board shall be accompanied by a site plan and shall follow the procedure outlined in Article IX of this chapter. The following additional information shall be indicated on the site plan at a scale no smaller than one inch equals 100 feet, showing existing topography of the site at a contour interval of not more than two feet, which presents a complete plan and which indicates:

(1) The depth to bedrock on the site proposed for site preparation activities.

(2) The depth to permanent groundwater aquifers on the site proposed for site preparation activities.

(3) Soil types to be disturbed by the proposed activity.

(4) All site preparation activity proposed to be undertaken, identified as to the type of activity proposed and the depth, volume and nature of the materials involved.

(5) All areas proposed to be cleared, filled or graded or subjected to timber harvesting, identified as to the nature of vegetation affected, including areas of grass and cropland, areas of brush, wooded areas and an estimate of their average diameter at breast height of the trees within wood areas.

(6) All areas where topsoil is removed and stockpiled and where topsoil will be placed ultimately, identified as to the depth of topsoil in each such area.

(7) All temporary and permanent vegetation to be placed on the site, identified as to planting type, size and extent.

(8) All temporary and permanent drainage, erosion and sediment control facilities, including such facilities as ponds and sediment basins, identified as to the type of facility, the materials from which it is constructed, its dimensions and its capacity in gallons.

(9) The anticipated pattern of surface drainage during periods of peak runoff upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system (drainage computations prior to site preparation and after site preparation may be required).

(10) The location of all roads, driveways, sidewalks, structures, utilities and other improvements.

(11) The final contours of the site in intervals of no greater than two feet.

(12) Destination of stripped material, including stockpile areas and ultimate disposition of stripped material, or origin and character of fill material, amount and nature of fill to be placed or displaced.

(13) Means of egress and ingress to the site for trucks and equipment.

(14) A detailed erosion control plan (measures to stabilize the surface of the site, control erosion, noise and dust and prevent sedimentation and the loss of material during transportation), with an engineer's report describing the plan, methods and implementation of said plan, and cost estimates for all measures to be taken, prepared by the applicant's licensed professional.

(15) An estimate of the costs of providing temporary and permanent vegetation and drainage, prepared by the applicant's licensed professional.

(16) Time schedule of different work tasks to be undertaken, including duration of proposed stripping or filling of land, which is keyed to the site plan, indicating:

(a) When major phases of the proposed project are to be initiated and completed.

(b) When major site preparation activities are to be initiated and completed.

(c) When the installation of temporary and permanent vegetation and drainage and erosion and sediment control facilities are to be completed.

(d) The anticipated duration (in days) of exposure of all major areas of site preparation before the installation of erosion and sediment control measures.

(e) Anticipated completion date.

(17) Restoration of area proposed to be stripped or filled during temporary interruptions in activities and after stripping or filling has been completed.

(18) Plans showing the type of vegetation to be destroyed by the proposed activities along with the planned disposition of destroyed woody material.

C. Requirements and standards. In addition to the standards and requirements contained in §§ 83-10 and 83-11 of this Code, the following standards and requirements are applicable:

(1) Any area that has been stripped or covered with fill shall be restored to a suitable grade so as to provide positive drainage and no disturbance to the adjacent properties. Final grade shall form a smooth transition to the surrounding undisturbed land. Final grades shall not be less than 0.5%. Slopes greater than 25% shall be terraced, the vertical steps to be not greater than five feet and stabilized with noneroding material. Siltation basins, silt fences and silt barriers shall be provided as required to remove silt from runoff before flowing from the property.

(2) Any area that has been stripped or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such stripping or filling.

(3) All fill material shall be composed of noncombustible materials and free from organic refuse.

(4) To ensure the compliance of the applicant with the standards of this section, a performance bond or other surety acceptable to the Town Board, in a suitable amount, may be required.

§ 185-32 Professional Office Overlay District.

A. Conditions where applicable. In those residential areas where professional offices may be permitted through an overlay zone, the Planning Board shall take into account the following considerations:

(1) Existing traffic and that to be generated by the proposed use.

(2) The character of the neighborhood.

(3) Accessibility of the lot from the road or roads on which the lot has frontage.

B. Areas where applicable. Such use may be permitted only in the O District areas as shown on the Zoning Map.

[Amended 3-30-1998 by L.L. No. 2-1998; 9-23-1998 by L.L. No. 10-1998]

C. Procedure. Professional office use may be approved by the Planning Board only after site plan review in accordance with Article IX of this chapter.

D. Restrictions.

(1) Professional office uses shall be limited to the rendering of professional services, consultation and business services in support of such professional services and consultation.

(2) Such professional office use may be permitted in the overlay district within any existing building or within a building to be constructed.

(3) An existing building converted to professional office use shall not be extended toward the street line beyond the front building line of such building, or, if newly constructed, a building for professional office use shall not extend closer to the street line than the average front building line of any buildings on adjacent lots fronting the same street. If there are no buildings on such adjacent lots, the front building line shall be controlled by the minimum required front yard as set forth in Article IV, Schedules of District Regulations, of this chapter.

(4) No parking for professional office use shall be permitted in any front yard area.

§ 185-33 Junkyards and motor vehicle junkyards.

A. Special permit required.

(1) No junkyard or motor vehicle junkyard may be operated without a special permit obtained as provided in § 185-54 of this chapter, and failure to have such a special permit shall constitute a violation of this chapter.

(2) Applications for special permits for junkyards or motor vehicle junkyards shall be filed with the Planning Board, which shall be the approving agency for the same.

(3) Junkyards and motor vehicle junkyards shall be approved by the Planning Board only after site plan review in accordance with Article IX of this chapter.

(4) Junkyards and motor vehicle junkyards shall be approved by the Planning Board only after receipt of a copy of a permit issued by the New York State Department of Environmental Conservation.

(5) Upon approval by the Planning Board, the Zoning and Building Officer shall, upon receipt of the proper fee as outlined in Chapter 104, Fees, as revised, issue a special permit for operating a junkyard or motor vehicle junkyard.

(6) The special permit shall be valid for a period to be determined by the Planning Board in its approval and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

(7) Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

(8) Applications for special permits for junkyards or motor vehicle junkyards shall be in writing, signed by the applicant, and shall state:

(a) The name and address of the applicant(s) and, if a corporation, the name and address of each officer, shareholder, if fewer than 10, and director.

(b) The interest of the applicant in the property if not the owner of record.

(c) The name and address of the property owner.

(9) Each application shall be accompanied by a site plan prepared in accordance with Article IX of this chapter.

(10) Special permits shall not be transferable or assignable.

(11) In the application the applicant shall agree that, if granted the special permit applied for, he will conduct the operation pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such special permit may be revoked forthwith.

B. Location.

(1) Junkyards and motor vehicle junkyards may be located only in the I District.

(2) No junkyard or motor vehicle junkyard shall be permitted if any part thereof is located within 500 feet of a church, school, hospital, public building or place of public assembly.

C. Annual fee.

(1) The annual fee for a junkyard or motor vehicle junkyard special permit shall be as provided by Chapter 104, Fees, as revised, the local law establishing fees.

(2) There shall be no apportionment of the fee for a special permit of less than 12 months' duration.

D. Requirements and standards.

(1) The special permittee shall personally manage or be responsible for the management of the junkyard or motor vehicle junkyard.

(2) The special permittee shall maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the hazards from fire, leakage, seepage or bodily injury therefrom and to prevent trespass thereon by children and others.

(3) The special permittee must erect and maintain a solid, opaque fence, at least six feet in height (or such height as the Planning Board shall determine the topography requires), of metal or wood, sufficient to screen any view of the operation from adjacent properties or public roads and to secure the property against the entrance of children or others into the area of operation. All materials related to the operation shall be kept within and below the level of the top of such fence at all times. If abutting a public road, such fence shall be located at least 20 feet from the street line thereof. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

(4) Inside and adjacent to and contiguous with such fence, a strip of land at least 10 feet in width shall be kept free of all dry grass or other vegetation or combustible material so as to provide a fire lane around the entire operation.

(5) The autos, parts and materials involved in the operation shall be disassembled or dismantled by means other than by burning. They shall be piled and arranged in neat rows so as to permit easy passage and clear visibility through the area.

(6) The operation shall be supervised by the special permittee or his agent during business hours. At all other times the premises shall be locked with a secure gate in the fence and in a secure manner.

(7) There shall be maintained at each operation for which a special permit is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place and shall be clearly marked and available for use.

(8) Suitable sanitary facilities shall be available and connected to approved public sewers or on-site sewage treatment facilities for the use and convenience of the employees of the special permittee as well as customers of the junkyard.

(9) The burning of any waste material is prohibited.

(10) No material may be kept in a junkyard or motor vehicle junkyard that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116. The owner or operator shall submit to regular and periodic inspections by the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency, whose reports shall be filed with the office of the Building and Code Enforcement Officer, whose responsibility it shall be to report any negative findings to the Planning Board.

E. Regulations applicable to junkyards or motor vehicle junkyards established prior to the effective date of this chapter.

(1) These regulations shall apply to all junkyards or motor vehicle junkyards in operation prior to the effective date of this chapter.

(2) The owner or operator of any such junkyard or motor vehicle junkyard shall have 30 days to make an application for a junkyard or motor vehicle junkyard under the provisions of this chapter.

(3) Within three years of such application, said existing junkyard or motor vehicle junkyard shall conform to the requirements of this chapter.

(4) The Planning Board, in such cases, may vary the strict interpretation of these regulations in keeping with the procedures stated in Article IX of this chapter.

(5) Expansion of an existing junkyard or motor vehicle junkyard after the effective date of this chapter shall be made only in accordance with these regulations.

§ 185-34 Marinas.

A. Site location and suitability. Before approving a marina, the Planning Board shall determine that the site is suitable for the intended use based on consideration of the following factors:

(1) Environmental sensitivity of the shoreline and adjacent areas.

(a) The terrain conditions shall be such that the proposed use can be developed without extensive earthmoving or filling.

(b) The aquatic conditions shall be such that the proposed use can be developed without extensive disruption of aquatic habitats.

(2) Compatibility with adjacent uses. The location of the proposed use and structures and the general character of the development proposed shall be compatible with their surroundings and such other requirements of this chapter as may apply.

(3) Access conditions.

(a) Street access to the site shall be adequate for the intended level of use and shall not involve traffic of a type or intensity that would cause a detrimental effect on the character of the area.

(b) Water access to the site shall provide convenient passage for small boats without interference by ship movements, shoals or hazardous currents.

B. Accessory uses.

(1) Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for recreational boats, boat rental, boat storage and sale and restaurant and related retail sales.

(2) A maximum of one sign visible from the water may be provided, not to exceed 15 square feet in area, which may be illuminated by a steady, nonflashing light source.

(3) Townhomes are permitted as an accessory use to a marina subject to the following conditions and restrictions:

[Added 4-21-2008 by L.L. No. 2-2008]

(a) The marina use must be located in the Marina Townhome (MT) Overlay Zoning District;

(b) The marina must contain at least 20 boat slips and no more than 40 boat slips;

[Amended 7-23-2012 by L.L. No. 4-2012]

(c) No more than 20 townhome units shall be permitted and shall be subject to site plan approval by the Planning Board together with the marina to which they are accessory;

(d) Each townhome unit shall be a minimum of 1,500 square feet;

(e) Townhomes accessory to a principal marina use shall be subject to the same bulk requirements as those specified for marinas as set forth in the Table of Use and Bulk Requirements, R-1 District - Schedule 3 and the Table of Use and Bulk Requirements, I District - Schedule 9, as the case may be, for the underlying district;

(f) Townhomes accessory to a principal marina use are not subject to the provisions of §§ 185-15 and 185-25, except the design criteria contained in § 185-25C(1), (2), (3), (4), (6), (7), (8), (9) and (10) shall apply;

(g) Notwithstanding any greater minimum buffer requirement imposed by this chapter between uses in the I District and residential districts, the minimum buffer required between townhomes accessory to marinas in the I and MT Districts and adjacent residential uses and districts shall be 40 feet, and no buffer shall be required between the marina use and the accessory townhomes on the site;

(h) Townhomes accessory to a principal marina use are subject to separate determination from the marina use with regard to the minimum required off-street parking spaces pursuant to § 185-13;

(i) Townhomes accessory to a principal marina use are subject to architectural review in accordance with § 185-59;

(j) A marina with accessory townhomes shall provide a continuous public walkway along or parallel to the shoreline of the site and at least one connecting walkway to a public street or parking area;

(k) Notwithstanding their designation as accessory, townhomes accessory to a principal marina use are subject to the same fees as principal residential uses, buildings and structures under Chapter 104; and

(l) A marina with accessory townhomes shall not contain a restaurant.

C. Site plan. The site plan for a marina shall be prepared in accordance with Article IX of this chapter and shall provide special consideration for the waterfront location, including:

(1) Appropriate plantings and screening of parking and storage yards, in accordance with the standards and requirements contained in § 185-21.

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

(2) Architectural treatment of all structures and visible site improvements.

(3) Disposition of any dredged material shall be in accordance with § 185-31 of this chapter.

(4) Facilities for the handling, holding and transportation of wastewater from recreational boats. Such facilities shall be approved by all appropriate agencies having jurisdiction.

(5) Protection of the shoreline and docked boats from erosion by wind or wave action.

(6) Detailed design of any shoreline structures, such as bulkheads, piers or launching ramps.

§ 185-35 Self-storage centers.

A. Permitted activities. Only dead storage activities shall be permitted. For the purposes of this section, "dead storage" shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on the premises. Conducting an office, retail or other business use or sales from a storage unit shall be prohibited. One office facility and one accessory dwelling unit for a resident manager shall be permitted within the site in appropriately designed structures. If included, any dwelling unit must be an integral part of a principal building and shall not be a mobile home or other freestanding structure.

B. Inside storage required. Outside storage shall be prohibited except for boats and campers, which may be stored in a special parking area not in a required front yard. Storage of all other property shall be inside a building. Vehicle parking shall be provided for tenants and employees only while they are on the premises. Except for storage of boats and campers, motor vehicles shall not be parked overnight or otherwise stored outdoors on the site.

C. Building locations and materials. Wherever possible, any new buildings shall be located so that their long dimension is perpendicular to the fronting street. Building facades facing the fronting street shall be of masonry construction. Minimum distance between buildings shall be 25 feet.

D. Drives. Minimum width of drives shall be 20 feet. Drives shall be set back from the ends of buildings by a minimum of five feet. Drives shall be surfaced with asphalt or oil and chip. Traffic direction and parking shall be indicated by signs, either freestanding or painted on the pavement.

E. Hazardous materials prohibited. Storage of gasoline or other volatile petroleum products, radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited, and the operator of the self-storage center shall include a provision to that effect in any lease used to rent the storage units.

F. Landscaping and security. Plantings shall be provided in all yards facing public roadways. These and other plantings shall both screen and visually interrupt the linear extent of the buildings so as to reduce the appearance of massive structures. When utilized, an effective living screen of evergreen type shall consist of nursery stock a minimum of eight feet in height at the time of installation. The entire site shall be fenced to prevent vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to prevent glare on adjacent properties or roadways. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

G. Drainage. All areas between buildings shall be drained by storm sewers. Any such storm sewer discharging to a surface swale or drainageway shall discharge into a detention basin with a minimum storage capacity of 1/4 acre feet per acre of impervious site cover.

§ 185-35.1 Route 9W Self-Storage Center Overlay District.

[Added 6-7-2010 by L.L. No. 4-2010]

A. Findings. The Town of Newburgh's 2005 Comprehensive Plan Update identified a need to focus growth to areas that are more readily accessible to the regional highway system. The Comprehensive Plan Update also recognizes that implementing proper design controls for nonresidential development will be crucial to preserving the character of traditional single-family neighborhoods.

B. Purpose. The purpose of the Route 9W Self-Storage Center Overlay District (hereafter the "SC Overlay District") is to establish clear guidelines for fixture development along the Route 9W corridor that provide for self-storage uses, up to 35 feet in height, which permit accessory retail sales and moving truck/trailer rental, while providing appropriate buffers to surrounding land uses.

C. Location. The boundaries of the SC Overlay District along Route 9W between Oak Street to the north and Highland Avenue to the south conform to and are contiguous with the B Business Zoning District boundaries along the Route 9W corridor.

D. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

E. All self-storage centers in the SC Overlay District shall comply with the regulations set forth in § 185-35 unless otherwise regulated herein.

F. Adequate buffering shall be provided and maintained in all yards facing public roadways, and adequate buffering shall be provided and maintained along all property boundaries that front residential uses or zoning districts on Route 9W or any other roadway. This landscaping shall be accomplished through an effective living screen of evergreen-type nursery stock, a minimum of eight feet in height at the time of installation, and buffering shall conform to the requirements set forth in § 185-21. Enhanced landscaping and buffering, such as expanded planting areas, may be required for self-storage centers that include the storage of boats and campers and/or the storage and rental of moving trucks and campers.

G. In the SC Overlay District, all storage except for boats, campers and rental trucks and trailers shall take place inside.

H. In the SC Overlay District, the accessory rental of moving trucks and trailers and the sale of items directly related to the packing, transport and/or storage of items (e.g., sale of moving boxes, sale and installation of trailer hitches) at the self-storage center is permitted.

I. All self-storage centers in the SC Overlay District shall comply with the regulations set forth in Chapter 125, Noise and Illumination Control.

J. Design guidelines. Buildings and sites, including but not limited to site design, landscaping, signage, materials and colors, shall incorporate concepts and details outlined in the Town of Newburgh Design Guidelines to the maximum extent practicable.

§ 185-36 Quarrying and removal of sand and gravel.

A. Setback of operation. No part of any quarry operation shall be within 200 feet of any lot line or within 400 feet of any existing residence.

B. Environmental protection.

(1) All powered equipment shall be furnished with suitable dust-elimination and noise-control devices.

(2) All runoff from all active areas of the operation shall be subject to written approval from the New York State Department of Environmental Conservation and retained in a siltation basin and shall not be discharged into any stream or watercourse having less turbidity than such retained runoff.

C. Fencing and screening. Fencing and screening may be required at the discretion of the Planning Board. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

D. Reclamation. All quarry and sand and gravel operations shall restore disturbed areas of their sites in conformity with a reclamation plan to be approved by the Planning Board. The reclamation plan shall indicate the post-mining use of the site and grading, drainage and accessways suitable for such use. Grading and drainage should maintain continuity with undisturbed areas of the property and with adjacent properties.

§ 185-37 Individual mobile homes on individual lots.

Mobile homes on individual lots shall not be permitted in any district.

§ 185-38 Accessory apartments.

[Amended 8-27-2008 by L.L. No. 4-2008]

A. Purposes.

(1) Accessory apartments are permitted as accessory uses as provided in the Table of Use and Bulk Requirements for each district, subject to a separate building permit and certificate of occupancy issued by the Building Inspector and the criteria and standards set forth below. Accessory apartments fulfill the following objectives of the Town:

(a) To provide housing for senior citizens.

(b) To increase the stock of affordable housing in the Town.

(c) To improve the feasibility of maintaining large existing homes.

B. Criteria. The following criteria shall apply to every accessory apartment:

(1) The property owner must reside on the premises.

(2) The accessory apartment shall have no more than two bedrooms.

(3) The integrity of the principal residence will not be compromised by the addition of the accessory apartment.

(4) The principal dwelling shall be not less than five years old.

C. Standards. An accessory apartment may be permitted in any residence district as an accessory use to a single-family dwelling and in any existing single family dwelling within the Business (B) District and the Interchange Business (IB) District, provided that:

(1) No more than one accessory apartment is permitted on a single lot.

(2) The lot meets the requirements of the zoning district for a single-family dwelling.

(3) At least one off-street parking space must be provided for the accessory apartment in addition to the minimum two per dwelling unit required for single-family and two-family dwellings by § 185-13.

(4) Adequate water supply and sewage disposal facilities are available as certified by a New York State licensed professional engineer, except such certification is not required if the building is connected to municipal water and sewer services or if the Building Inspector determines that the adequacy of the facilities can be demonstrated by other satisfactory methods.

(5) The accessory apartment contains at least 450 square feet and not more than 700 square feet of gross floor area. If the gross floor area exceeds the limit of 700 square feet, the building shall be deemed to be a two-family dwelling.

(6) Construction of the accessory apartment shall not result in any decrease of the front yard setback of any building.

(7) The maximum allowable occupancy for an accessory apartment shall be five resident persons.

D. Procedure; permit procedure.

(1) An accessory apartment shall require separate building permit approval from the Building Inspector for construction and a separate certificate of occupancy for occupancy.

(2) Accessory apartments which received and conform to a special permit approval from the Zoning Board of Appeals prior to June 1, 2008 in accordance with Article VIII of this chapter shall be deemed to conform to this § 185-38.

§ 185-39 Petroleum bulk storage.

A. Applicability. Petroleum bulk storage facilities may be approved as an accessory use in the AR, B, IB and I Districts and as a principal use in the I District.

(1) As an accessory use the following conditions shall apply:

(a) All tanks shall be installed underground or within a building.

(b) All tanks shall comply with applicable specifications of federal agencies and the New York State Department of Environmental Conservation and the National Fire Prevention Code for design and installation.

(2) As a principal use, either existing or proposed, approval by the Planning Board is required. Existing operations shall have one year from the effective date of this chapter to make application to the Planning Board for site plan approval or such use shall be terminated.

B. Procedure.

(1) A site plan shall be submitted to the Planning Board in accordance with Article IX of this chapter.

(2) Said site plan shall indicate:

(a) Provisions for controlling the release of petroleum into the environment.

(b) Any containment area and provisions for storm drainage and separation of oil from stormwater.

(c) Tank ventilating facilities.

(d) Location of control valves.

(e) Facilities for the loading and dispensing of petroleum.

(f) The dimensions and color of any aboveground tank.

(g) Fencing or other security provisions.

(h) Landscaping or other screening. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

(i) Procedure for reporting emergency conditions to appropriate local authorities.

(3) Said site plan shall specify a program for monitoring each tank and reporting on the findings of all monitoring and other tests to the Building Department and the Fire Inspector. Such monitoring program shall comply with all applicable regulations of the New York State Department of Environmental Conservation; however, the Planning Board may determine that additional testing requirements are warranted.

(4) Said site plan shall specify a procedure and equipment available for managing emergency conditions and for reporting such conditions to appropriate local authorities.

(5) The approval and conditions attached thereto by the Planning Board shall be valid for five years, after which time the Planning Board's approval must be renewed upon application and consideration of the following:

(a) Development or changes in land use in the vicinity of the site.

(b) The performance of the facility.

(c) Any change in the capabilities of local emergency services.

C. Any petroleum bulk storage facility shall meet all requirements of the New York State Department of Environmental Conservation for construction, operation, monitoring and post-operational procedures.

D. Prior to the granting of a certificate of occupancy by the Building and Code Enforcement Officer, copies of all permits required from other governmental agencies and regulatory authorities shall be presented.

§ 185-40 Satellite earth stations.

A. A satellite earth station shall be subject to all regulations pertaining to accessory buildings. In cases where the only technically feasible location for the structure is in a front yard or mounted on a building, a special permit shall be required from the Zoning Board of Appeals after that Board has determined that:

(1) The proposed location is the least obstructive location on the lot that is technically feasible for satellite reception.

(2) The proposed structure is screened to the maximum extent practicable from neighboring uses and public streets. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

(3) The proposed structure does not constitute a hazard to traffic or to other structures.

(4) The proposed structure is finished in a dull or muted color.

(5) The proposed structure does not adversely affect the character of the neighborhood.

B. In all cases a satellite earth station shall be adequately supported by a structure attached to a concrete base which is higher than six inches above the ground level or to a part of a building. All electrical wiring shall be in accordance with current national electrical codes and shall receive approval from the New York Board of Fire Underwriters or other authorized agency.

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

§ 185-41 Business parks.

A. Purposes. It is the intent of this section to permit the establishment of a use classification entitled "business park" where the following objectives are sought:

(1) Creation of an attractive and innovative environment for compatible business uses.

(2) Growth of employment and enhancement of employment opportunities in the Town of Newburgh and the control of conflicting or incompatible uses.

(3) The efficient provision of utilities and services, including emergency services, as required by business uses.

B. Permitted uses.

(1) This use classification permits the combination on a single parcel of any two or more of the following uses that are permitted in the district in which the property is situated:

(a) Offices for business or professional use.

(b) Laboratories for research or testing.

(c) Manufacturing.

(d) Warehousing.

(e) Health clubs and fitness facilities.

(f) Retail outlets accessory to any of the above uses.

(g) Banks.

(h) Day-care facilities.

(i) Restaurants.

(j) Hotels, motels and conference centers.

(2) The Planning Board shall determine that the proposed site is appropriate for development as a business park and that the uses are appropriate for the site and the surrounding area.

C. Ownership.

(1) The area of a business park shall be in a single ownership or under unified control.

(2) The site may be subdivided into individual parcels or may be maintained in single ownership, but it must be operated and controlled by an entity or unified group.

D. Site plan.

(1) The site plan shall be developed as a unified, planned arrangement of roads, buildings, utilities and services and landscaping.

(2) The following site planning standards shall apply:

(a) Each lot or building plot shall be at least (5) acres in area.

(b) The maximum building height shall be 40 feet with a maximum of three stories.

(c) The minimum separation between two buildings shall be 50 feet or twice the height of the tallest building, whichever is greater, except that no front or rear wall shall be closer than four times its height from any other building.

(d) No building shall be located closer than 75 feet to a street.

(e) All front and side yard areas shall be landscaped.

(f) All signs and site lighting shall be coordinated and designed to complement building and landscape design.

(3) Restrictive covenants shall be imposed on the site, based on the approved site plan, enforceable by all occupants or tenants of such business park.

§ 185-42 Fast-food, drive-thru and drive-up establishments.

[Amended 7-15-1996 by L.L. No. 3-1996; 9-23-1998 by L.L. No. 10-1998]

A. Compatibility. Before approving any fast-food, drive-up or drive-thru establishment, the Planning Board shall consider:

(1) Vehicular traffic movements and potential hazards to pedestrian safety. All drive-thru aisles shall exit into a parking area or onto a side street and not directly onto Routes 9W, 17K, 32, 52 or 300.

(2) Proposed signs, lighting, speaker noise where residential properties are located nearby and landscaping.

(3) Parking shall be adequate for the type of facility proposed, with three additional short-term spaces devoted specifically for pick-up or order delays for each drive-up, drive-thru, walk-up or pickup window or area inside or outside of the building.

(4) Public roads and internal drive aisles shall not be blocked by waiting drive-thru traffic.

(5) Parking areas and circulation drives shall be adequately separated so as to avoid conflict between parking cars and waiting drive-thru traffic.

(6) Adequate stacking space will be provided for waiting drive-thru vehicles such that these vehicles do not interfere with site vehicular or pedestrian circulation.

(7) The site plan checklist for parking lot area traffic and pedestrian movements/safety concerns shall be reviewed in preparation of plans.

B. Conditions. Any such use shall meet the following conditions of operation:

(1) Provision of sufficient security to prevent the use of the premises as a loitering place during hours of operation.

(2) Provision of adequate facilities and personnel for disposal of trash and other debris.

(3) Provision for continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.

§ 185-43 Garden houses, toolsheds, wading and swimming pools and tennis courts.

Garden houses, toolsheds, wading and swimming pools and tennis courts shall be permitted in all districts. Such uses shall be accessory to a principal use, provided that:

A. No such pool shall be operated for private gain.

B. Pools in excess of 200 square feet shall be located at least 10 feet from any lot line.

C. Pools shall be enclosed in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: See Chs. 71, Building Construction, and 107, Fire Prevention.

D. Any such tennis court shall be located at least 15 feet from any lot line.

E. Any such tennis court and surrounding fence shall be screened from view from adjacent properties.

F. No garden house, tool shed, pool or tennis court shall be located in a front yard. This regulation shall not apply to yards on which the right-of-way of Interstate Route 87 or Interstate Route 84 is the fronting street.

[Added 9-23-1998 by L.L. No. 10-1998; amended 8-16-2010 by L.L. No. 6-2010]

§ 185-44 Seasonal roadside stands.

A. Seasonal roadside stands may be operated within the AR and the I Districts for the sale of agricultural products grown principally on the premises.

B. Such roadside stands shall not exceed one story in height nor 300 square feet in floor area.

C. Such roadside stands shall be located at least 15 feet from any street line.

D. Adequate off-street parking area shall be provided.

§ 185-45 Veterinarian offices.

[Amended 1-20-2009 by L.L. No. 2-2009]

A. Veterinarian offices may be located in the B District and the AR District as a principal use, subject to the following conditions:

(1) Site plan review by the Planning Board.

(2) All activities provided at any veterinarian offices shall occur within a totally enclosed and suitably ventilated building, which building shall be located in accordance with the requirements of §185-21 and at least 75 feet from any existing residence.

(3) Any building in which animals will be housed overnight shall be sufficiently soundproofed so that no barking and other animal noises generated inside the building are audible at the property boundary. The building must have an active heating, air conditioning and ventilation system, so that passive ventilation such as open windows and doors is not required. All animals must be required to stay within a total enclosed and suitably ventilated building between the hours of sundown and sunrise, except, in the event of an emergency, a leashed animal with one handler per animal may be permitted outside on the premises. No outside kenneling shall be allowed at any time.

(4) A perimeter fence around or a double-door system within the building housing animals overnight shall be provided to prevent animal escape.

(5) All waste shall be cleaned up daily and appropriately stored in odorproof containers.

(6) Appropriate landscape buffers and/or appropriate screening shall be implemented in the manner as determined by the Planning Board and in accordance with the requirements of § 185-21 of the Town of Newburgh Zoning Code to appropriately diminish off-site noise which may occur from the conduct of veterinarian services and the housing of animals on-site.

B. Veterinarian offices shall not be permitted in any district other than the B District and AR District, either as an accessory use, permitted use or use subject to site plan review, and shall not be interpreted as falling within the category of office for professional, business or research use nor as an accessory use to a retail store, mini-mall or shopping center.

§ 185-46 Public utilities.

Nothing in this chapter shall restrict the construction or use of underground or overhead distribution conduits of public utilities operating under the laws of the State of New York. However, public utility structures, water supply reservoirs, wells, sewage treatment plants, water treatment facilities and transmission lines and towers for electric power, telephone and gas are subject to the following supplementary requirements:

A. Public necessity. These uses shall be subject to a finding that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.

B. Residential districts. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of this section and Article IX.

C. Fencing. The Planning Board may require that such use be enclosed by protective fencing with a gate which shall be closed and locked except when necessary for authorized personnel to obtain access thereto.

D. Harmony with surroundings. The installation shall be so designed, enclosed, painted and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood. All screening shall be in accordance with the standards and requirements contained in § 185-21.

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

E. Off-street parking. Adequate off-street parking areas shall exist or be provided for maintenance, service or other vehicles.

F. Interference with reception. In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining property in the neighborhood.

§ 185-47 Affordable housing.

In order to provide a choice of housing opportunities for a variety of income groups within the Town in accordance with the purposes of this chapter and as stated in Objective 9 of the Town Master Plan[1] and to provide adequate review and supervision of development by requiring both conceptual and specific plan approval under the rules for site plan review or the subdivision regulations,[2] the Town Board may authorize affordable housing projects based upon the standards and procedures spelled out below.

A. Gross density. The Town Board, upon the recommendation of the Planning Board, may authorize the Planning Board to modify those sections of this chapter relative to lot dimensions, building setbacks and density in the further subdivision or site plan of properties when necessary to comply with the provisions in this section.

(1) Affordable housing units (detached, attached, semiattached or multiple-dwelling units) may be allowed at increased density levels in the R-2, R-3, B and IB Districts as follows:

(a) In the R-2 District, four dwelling units per acre.

(b) In the R-3 District, six single-family detached or nine multifamily dwelling units per acre.

(c) In the B and IB Districts, nine dwelling units per acre for multifamily uses.

(2) If The Town Board allows an increase in density for an affordable housing development, at least one of every three additional units shall be an affordable unit as defined herein.

B. Affordable dwelling units. An "Affordable dwelling unit" is defined as a dwelling unit the rental or sales price of which does not exceed the maximum allowable price level established by this chapter.

C. Eligible families. Families whose aggregate income, including the total of all current annual income of all family members from any source whatsoever at the time of application, but excluding the earnings of those under 21 years of age attending school full-time, shall not exceed the following multiple of the median annual Town-paid salaries of all full-time employees of the Town of Newburgh as listed in the Town budget for each year:

	Family Size (persons)	Multiple
	1	1.0
	2	1.2
	3	1.4
	4	1.6
	5	1.8
	6 or more	2.05

D. Development standards.

(1) Distribution. Such units shall be available for sale, resale or continuing rental only to eligible families as defined in this chapter. Construction of new units shall be physically integrated into the design of the existing housing in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two- and three-bedroom units in the same proportion as all other units in the area unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of Newburgh.

(2) Maximum floor area. Maximum gross floor area per dwelling unit shall not be more than the following:

	Dwelling Type	Maximum Area (square feet)
	Efficiency	450
	1-bedroom	700
	2-bedroom	900
	3-bedroom (including at least 1 1/2 baths)	1,000

E. Occupancy standards. In renting or selling, the following schedule shall apply to affordable dwelling units:

		Number of Persons
	Dwelling Type	Minimum	Maximum
	Efficiency	1	1
	1-bedroom	1*	2
	2-bedroom	2	4
	3-bedroom	3	6

*NOTE: Only if efficiency is not available. Tenants should be transferred to an efficiency unit when one becomes available and the lease should so provide.

F. Maximum rent and sales prices.

(1) Rent and sales levels. The maximum yearly rent, excluding utilities, for a middle-income dwelling unit shall not exceed 25% of the aggregate family income, and the maximum gross sales price shall not exceed 2.5 times the aggregate family income for an eligible family as defined in this chapter for the maximum size of a family eligible for such unit as listed above.

(2) Mortgages. The applicant shall, if possible, obtain from the lending institution chosen for the development a commitment to provide, for all affordable units, mortgages for up to 90% of unit cost or for the maximum amount for which the mortgagor qualifies, whichever is less.

G. Eligibility standards.

(1) Eligibility priorities. Eligible families applying for affordable dwelling units shall be selected on the basis of the following categories of priority:

(a) Residents of the Town of Newburgh.

(b) Town of Newburgh employees.

(c) Employees of the school districts in the Town of Newburgh.

(d) Other persons employed in the Town of Newburgh.

(e) Other residents of Orange County.

(f) Relatives of residents of the Town of Newburgh.

(g) All others.

(2) Selection priorities. Within each of these categories, applicants shall be selected according to the following categories:

(a) Families displaced by governmental action.

(b) Families of which the head or spouse is 62 years or older.

(c) Families of which the head or spouse is handicapped (certified by a physician).

(d) Families of which the head or spouse is a veteran.

(e) All others.

H. Continued eligibility.

(1) Rental. Applicants for affordable rental units referred to in this section shall, if eligible and if selected for occupancy by the owner or manager of the development, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in this chapter, and if there is at that time an otherwise eligible applicant within one of the categories above, said resident may complete his current lease term and should be offered a market rate rental unit available in the development at the termination of the lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the affordable income dwelling unit he occupies but shall not be offered a renewal of the lease beyond the expiration of said term.

(2) Sales. In the case of owner-occupied affordable dwelling units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then maximum sales price for said unit, as determined in accordance with this section, or the sum of the following, whichever is greater:

(a) The amount of any principal payment made by the home buyer.

(b) The remaining principal on any mortgage(s).

(c) The value of any fixed improvements made by the home buyer and not included above.

(d) Reasonable and necessary expenses incidental to the resale.

(e) An annual percentage increase in property value as established by the Town Board each year based upon increases in housing costs within the Town of Newburgh.

I. Administration.

(1) The Town Board, or its designated housing committee if such is appointed, shall be responsible for the administration of the affordable housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements.

(2) At the time of the issuance of a certificate of occupancy, the Building and Code Enforcement Officer shall send a copy of such certificate to the Town Board or its appointed housing committee, which shall then inform the applicant of the maximum rental or sales charge which may be established for the affordable dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.

(3) The Town Board or its appointed committee shall certify as eligible all applicants for rental or sale of affordable dwelling units and shall annually reexamine or cause to be reexamined each occupant family's income.

(4) On or before April 1 of each year thereafter, the Town Board or its appointed committee shall notify the owner or manager of each multifamily development containing affordable dwelling units as to the rent, sales and income eligibility requirements for such units based upon figures derived from the Town budget for that year.

(5) The owner or manager of such multifamily development shall certify to the Town Board or its appointed committee on or before June 1 of each year that the current rental or sales prices of all affordable dwelling units comply with the terms of this chapter.

(6) The limited rental income and/or sales value of affordable dwelling units shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.

J. Assurances (see § 185-48D below).

[1] Editor's Note: The Master Plan is on file in the Town offices.

[2] Editor's Note: See Art. IX, Site Plan Review, of this chapter and Ch. 163, Subdivision of Land, respectively.

§ 185-48 Senior citizen housing.

A. Purpose. In order to provide a larger number of affordable housing opportunities for senior citizens in the Town and to provide adequate review and supervision of development by requiring both conceptual and specific plan approval under the rules for site plan review or the subdivision regulations, [1] the Town Board may authorize senior citizen housing projects based upon the standards and procedures spelled out below.

[1] Editor's Note: See Art. IX, Site Plan Review, of this chapter and Ch. 163, Subdivision of Land, respectively.

B. Gross density. The Town Board, upon the recommendation of the Planning Board, may authorize the Planning Board to modify those sections of this chapter relative to lot dimensions, building setbacks and density in the further subdivision or site plan of properties when necessary to comply with the provisions in this section.

(1) Senior citizen detached single-family dwelling units in the R-3 District may be allowed at a maximum density level of eight dwelling units per acre.

(2) Senior citizen multiple-dwelling units and senior assisted-care facilities in R-3, B and IB Districts may have the following density levels:

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

(a) For efficiency units and partial, assisted-care units: 14 units per acre.

(b) For one-bedroom units: 12 units per acre.

(c) For two-bedroom units: 10 units per acre.

(d) Units with more than two bedrooms or any combination of more than two rooms which are not a living room, bathroom, dining room or kitchen are not permitted.

(3) Maximum size of senior citizen dwelling units and partial, assisted-care units:

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

(a) Efficiency and partial, assisted-care units: 450 square feet.

(b) One-bedroom: 700 square feet.

(c) Two-bedroom: 900 square feet.

(4) In the R-3 District, if the Town Board allows an increase in density for a senior citizen housing development and the applicant proposes that the project consist of both senior-citizen multiple-dwelling units and non-senior-citizen multiple-dwelling units, then notwithstanding § 185-48B above, the maximum density level shall be nine units per acre of usable area, and at least one of every three additional units shall be a senior-citizen housing unit as defined herein. Notwithstanding Subsection B(3) above, the maximum size of all such additional senior units shall be 1,000 square feet.

[Added 7-25-2011 by L.L. No. 5-2011; amended 12-28-2011 by L.L. No. 13-2011]

C. Housing described in this section shall exist or be designed and constructed for the needs of seniors and is subject to the management or other legal restrictions that require all units designated as senior citizen housing units to be occupied by persons 55 years of age or older. Notwithstanding the foregoing, adults under 55 years of age and children may reside in the units where:

[Amended 2-3-1997 by L.L. No. 2-1997; 7-18-2001 by L.L. No. 5-2001; 7-25-2011 by L.L. No. 5-2011]

(1) The adult is the spouse of a person 55 years of age or older;

(2) The adult's presence is essential for the physical care of a person 55 years of age or older;

(3) The minor children are residing with their parent, parents or legal guardians where their parent, parents or legal guardians are 55 years of age or older, and the minor children residing therein are under a physical or other disability and cannot care for themselves.

D. Assurances for senior citizen and affordable housing projects.

(1) Legal assurances. Each application for a proposed senior citizen or affordable housing development shall be accompanied by appropriate undertakings, deed restrictions, easements and the like, in form and content satisfactory to the Town Attorney, as may be necessary to provide for and assure continued proper future maintenance and ownership responsibilities for all common areas, facilities and utilities within each stage of development or section thereof.

(2) Other assurances. The Planning Board may condition its recommendation of approval upon the applicant obtaining any other necessary approvals from the appropriate Town, county or state agencies having jurisdiction thereof.

(3) Performance bond. The applicant may be required to post a performance bond in an amount sufficient in the opinion of the Town Board and in favor of the Town in the form of a cash payment, surety bond or letter of credit to assure that all ancillary facilities, utilities and common areas shown on the proposed site plan are provided, together with provision for their future maintenance and care. Said performance bond shall be in form satisfactory to the Town Attorney and shall extend for a term of not less than five years after full completion as determined by the Town Board.

(4) The applicant shall provide assurances to the Planning Board of an adequate availability of public central water and central sewer services.

(5) The applicant proposing an affordable or senior citizen housing development shall assure the Town Board with the necessary market analysis and documentation to the satisfaction of the Town Board that there is an identifiable need for the project proposed.

§ 185-48.1 Travel centers.

[Added 7-15-1996 by L.L. No. 3-1996]

A. The travel center shall derive direct access from either an interstate highway or a commercial driveway entrance on a state highway.

B. In the event that access is derived from a state highway, the center line of the curb cut of the commercial driveway entrance to the travel center shall be separated by not more than 600 feet from the point of intersection of the center line of the state highway from which access is derived and the nearest interstate highway ramp.

C. In the event that access is derived from a state highway, the mainline traffic movements on such state highway between the interstate highway ramps and the travel center driveway entrance shall operate at level of service "D" or higher for the build condition and facility design year during the a.m. and p.m. peak hours.

D. Adequate parking shall be provided for the number and type of vehicles to be served by the travel center. The number of spaces provided and the distribution by type, e.g., automobiles and light trucks, buses and heavy/commercial trucks, including tractor trailers, shall be consistent with data submitted by the applicant both describing the range and extent of services intended and projected related parking demand. In no event, however, shall the number of parking spaces provided be less than the total required for the following components:

(1) One parking space per 100 square feet of business service or convenience sales area within the travel center.

(2) One parking space per two seats related to either a food court or individual food service establishments within the travel center.

(3) One parking space per motel room within the travel center.

(4) One parking space per two employees at peak operation of the travel center.

E. Adequate space shall be provided on the site plan for the maneuvering of all vehicles. To the extent practicable, the site plan shall separate on-site movements of vehicles and pedestrians and heavy trucks and passenger vehicles.

F. Consistent with data submitted by the applicant regarding anticipated fuel service operations, an adequate number of stacking spaces shall be provided at each gasoline or diesel fuel pump island so as not to interfere with other vehicular movements involving on-site circulation, parking or entry to or exit from the travel center.

G. Adequate landscaping shall be provided and maintained along all property boundaries through either retention of suitable existing vegetation and/or the introduction of new plantings. Natural planting and, where necessary, earthen berms shall be employed to buffer adjacent properties from truck parking areas and service zones within the travel center.

H. Adequate lighting and appropriate signage shall be provided based upon convenience and safety considerations and applicable Town standards as set forth in this Zoning Chapter. No lighting shall cast objectionable glare upon adjacent properties or roadways.

I. Truck storage lanes and spaces shall be provided for all truck lube and wash bays to accommodate 10 trucks (tractor-trailers) or five trucks (tractor-trailers) per service bay, whichever is greater. All truck and car wash and lube services shall be conducted inside a building, and repair and tire services are specifically prohibited.

J. Buildings housing lube and wash facilities for either trucks and automobiles, or both, shall be located at least 500 feet back from the front lot line and at least 75 feet back from any other property line bordering a public road. For the purposes of this section, the front lot line shall be deemed to be the lot line over which the property derives access from a state road.

K. All storage shall take place within a fully enclosed building or behind a solid fence so that it is not visible from adjacent properties or by site visitors.

L. All uses must be served by municipal water and sewer service and such service must be approved by the Town Engineer and the Town Board.

M. To assure that the standards of Subsections C through L above are met, the applicant for site development plan approval for a travel center shall submit:

(1) The above cited data, including projection of the number and distribution by vehicle type (i.e., automobiles and light trucks, buses, heavy/commercial trucks, including tractor-trailers) of consumers using intended facilities.

(2) Appropriate engineering studies or other documentation to analyze infrastructure requirements and related impacts of the travel center, including consideration of the following:

(a) Traffic, access and parking factors and related documentation as to the adequacy of intended on-site or off-site improvements.

(b) Proposed arrangements for accommodating sanitary sewage and other wastewater requirements.

(c) Proposed arrangements for accommodating water supply requirements under both routine and emergency conditions.

(d) Proposed arrangements for managing stormwater either generated on or otherwise traversing the travel center site.

(e) Proposed arrangements for managing garbage disposal and control of litter throughout the site.

N. All travel center uses shall be housed in a single building with the exception of the fuel islands, lodging accommodations and truck and car wash and lubrication facilities.

§ 185-48.2 Two-family dwellings.

[Added 4-8-2000 by L.L. No. 2-2000]

The following apply to two-family dwellings:

A. Adequate off-street parking, water supply and sanitary disposal must be required to be demonstrated for the proposed use.

B. The architecture and entrance details of the units shall provide the appearance of a single-family residence.

C. The Planning Board shall review the building plans under its Architectural Review Board powers and described for uses under site plan approval in § 185-59 of this chapter.

§ 185-48.3 Lakefront access lots.

[Added 12-30-2002 by L.L. No. 11-2002]

A. The following minimum requirements are hereby established for all lakefront access lots which have lakefront frontage on Orange Lake in any zoning district; provided, however, that if the applicable Table of Use and Bulk Requirements for the zoning district in which the lakefront access lot is located establishes stricter requirements, those stricter requirements shall apply:

(1) Where two to four lots or dwelling units are being provided lakefront access by means of a lakefront access lot, at least 20 feet of usable lakefront frontage for each lot or dwelling unit provided access to the lake, whichever is greater, with a minimum lot width of 80 feet and a minimum lot area of 12,500 square feet.

(2) Where five to seven lots or dwelling units are being provided lakefront access by means of a lakefront access lot, at least 150 feet of usable lakefront frontage, with a minimum lot width of 150 feet and a minimum lot area of 40,000 square feet.

(3) Where more than seven lots or dwelling units are being provided lakefront access by means of a lakefront access lot, at least 150 feet of usable shoreline frontage and at least 20 feet of additional usable lakefront frontage for each lot or dwelling unit exceeding seven, whichever is greater, with a minimum lot width of 170 feet and a minimum lot area of 40,000 square feet.

(4) Where the lot(s) or dwelling unit(s) provided lakefront access are more than 500 feet from the lakefront access lot, one off-street parking space shall be provided on the lakefront access lot for each lot or dwelling unit, whichever number is greater, to be served by the lakefront access lot.

B. Vegetative screening, as defined in § 185-3, shall be provided along the boundaries between lakefront access lots and adjoining lakefront residential lots.

C. The lease or rental of a dock at Orange Lake is considered a commercial use and shall not be permitted in the AR, R1, R2 or R3 Zoning Districts.

D. The requirements of § 185-48.3A and 185-48.3B shall not apply to lakefront access lots subject to lakefront access rights granted to existing dwelling units, which were recorded in the Orange County Clerk's office prior to November 1, 2002, with respect to those recorded rights, nor shall such requirements apply to membership club uses existing as of such date.

E. Subject to the administrative appeal provisions of this chapter, the Planning Board shall not approve a subdivision, site plan or special permit which would render a lakefront access lot nonconforming with the requirements of § 185-48.3A and 185-48.3B.

F. In addition to the above limitations, no lakefront access lot, whether owned in fee or in the form of a condominium common area, open space, homeowners' association parcel, cooperative, planned unit development, or cluster development abutting or adjoining Orange Lake shall be used for or to permit multi-boat lakefront access to the lake for more than one single-family home, dwelling unit, condominium unit, site condominium unit, apartment unit or any other use unless such multi-boat lakefront access use is provided in accordance with the provisions of this § 185-48.3 and such lot conforms to the requirements of this § 185-48.3. Such requirements shall not apply, however, to membership club uses existing as of November 1, 2002.

[Added 4-18-2005 by L.L. No. 6-2005]

G. The access and use regulations contained in this § 185-48.3 shall be fully applicable to all lots, condominiums, cooperatives, planned unit developments, cluster developments, plats. open space, common areas, homeowners' association parcels and private parks, except those subject to the exemptions set forth in Subsection D.

[Added 4-18-2005 by L.L. No. 6-2005]

H. Number of docks and moorings.

[Added 4-18-2005 by L.L. No. 6-2005]

(1) The number of docks and moorings allowed per lot, open space, common area or homeowners association parcel which is used for multi-boat lakefront access is limited as follows:

	Feet of Lakefront	Total Number of Docks and Moorings
	0 to 65	1
	66 to 150	2
	151 to 250	3
	251 to 500	4
	501 or more	1 additional for each 150 feet over 500

(2) The above restrictions shall apply to all lots, site plans, condominiums, and parcels on or abutting Orange Lake in all zoning districts regardless of whether multi-boat lakefront access shall be by easement, common fee ownership, condominium or homeowners' association arrangement, open space, common area, license or lease.

I. Docks may be constructed on Lakefront lots and Lakefront Access lots subject to the following regulations:

[Added 4-18-2005 by L.L. No. 6-2005]

(1) The maximum surface area of any dock or wharf shall he 700 square feet, including any walkway, For the purpose of computing the maximum surface area, no portion of the structure shall be included within the computation which extends upland of the mean high-water mark, and the minimum allowable width of any dock, wharf, pier, lateral projection or finger shall be two feet.

(2) Every dock or wharf constructed shall have a minimum setback of 10 feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake or at a right angle to the mean high-water mark, whichever results in the greater setback. Preexisting docks and wharfs which do not conform to these bulk requirements are permitted subject to the provisions of § 185-19.

(3) No dock shall be constructed so as to interfere with normal navigation or reasonable access to docks and shorelines of adjacent parcels.

(4) Treated lumber, when used for the construction of docks, shall be the sealed, nonleaching type and shall meet all Department of Environmental Conservation requirements.

(5) All such docks and docking or mooring shall also comply with all other applicable Town local laws and ordinances.

J. Boathouses, covered docks and accessory structures over four feet in height within 10 feet of high-water mark or any side or rear lot line.

[Added 4-18-2005 by L.L. No. 6-2005]

(1) Boathouses, covered docks and accessory structures over four feet in height proposed to be constructed within 10 feet of the high-water mark or any side or rear lot line on lakefront lots and lakefront access lots shall require special permit approval from the Zoning Board of Appeals in accordance with Article VIII of this chapter. A boathouse, covered dock or accessory structure over four feet in height within 10 feet of the high water mark or side or rear lot line may be permitted in the AR, R-1, R-2 and R-3 Zones subject to the following standards:

(a) Boathouses shall be designed and constructed solely for the storage of boats and related. equipment and shall not include provisions for sleeping, cooking or sanitary facilities.

(b) Boathouses shall be constructed within the property lines of any type of lakefront lot or lakefront access lot and conform to all Code requirements of the Town of Newburgh pertaining to permanent structures and meet all setback and additional requirements for accessory buildings.

(c) Covered docks shall meet the requirements of Subsection I.

(d) Boathouses, covered docks, and accessory structures within 10 feet of the high-water mark or any side or rear lot ling constructed on lakefront and lakefront access lots shall not obstruct any existing view of a lake from an existing dwelling or lakefront yard area on any adjoining property or any property opposite the road frontage of the property containing the proposed boathouse or covered dock or accessory structure.

(e) Accessory buildings subject to the special permit requirement of this Subsection J shall continue to be subject to the setback and other requirements of § 185-15 and all other applicable Code requirements, and other accessory structures shall continue to be subject to all additional, applicable Code requirements.

(2) Unless the Zoning Board of Appeals expressly conditions otherwise, a special permit granted under this Subsection J shall run with the land and shall not expire upon transfer of ownership of the property where the permitted boathouse, covered dock or accessory structure is constructed.

§ 185-48.4 Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District.

[Added 8-27-2008 by L.L. No. 5-2008; amended 2-11-2015 by L.L. No. 1-2015]

A. Findings. The Town of Newburgh's 2005 Comprehensive Plan Update documents that given the motor vehicle and other uses existing on Route 9W, it may be appropriate to also permit the sale and service of recreational vehicles. Further, light and heavy industrial equipment should be regulated in a comparable manner. An area zoned IB Interchange Business at the Interstate 84 and New York State Route 747 interchange 5A in the southwest section of the Town is found to be similarly suitable for these uses given the commercial vehicular traffic using those routes.

B. Purpose. The purpose of the Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service, and Repair Overlay District (hereafter the "LHI District") is to establish clear guidelines for future development along the Route 9W corridor and at the Interstate 84 and New York State Route 747 interchange 5A that provides for the sales, service and repair of light and heavy industrial equipment and recreational vehicles uses.

C. Location. The boundaries of the LHI District conform to and are contiguous with the B Business Zoning District boundaries along the Route 9W Corridor and with the IB Interchange Business Zoning District boundaries for the section of said district bounding on the Town of Montgomery and at or in close proximity to the Interstate 84 and New York State Route 74 interchange 5A.

D. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

E. Adequate landscaping shall be provided and maintained along all property boundaries that front Route 9W, Route 747 or any other roadway. This landscaping shall be accomplished through either retention of suitable existing vegetation and/or the introduction of new plantings. Natural planting and, where necessary, earthen berms shall be employed to buffer adjacent properties from vehicle storage areas. All landscaping, buffers, screening, and setbacks shall conform to the requirements set forth in § 185-21.

F. Adequate lighting and appropriate signage shall be provided based upon convenience and safety considerations and applicable Town standards as set forth in this Zoning Chapter. No lighting shall cast objectionable glare upon adjacent properties or roadways.

G. All truck and equipment service and repairs shall be conducted inside an enclosed building.

H. All vehicle and equipment storage shall take place within a fully enclosed building or behind a solid fence so that it is not visible from adjacent properties or by site visitors.

§ 185-48.5 Residential lot areas.

[Added 11-1-2010 by L.L. No. 8-2010]

A. Purpose. Certain lands within the Town of Newburgh are burdened with environmental constraints making them environmentally sensitive for development, including regulated water bodies, protected wetlands, steep slopes, and one-hundred-year floodplains. The Town is concerned that as most of the developable land area is built out, those remaining parcels encumbered with environmentally sensitive lands be developed in an appropriate manner to reduce potential impacts to the environment. The Town has accordingly developed buildable area standards for single-family, two-family and semidetached dwelling residential developments and usable area standards for other residential developments. The standards contained herein allow for the proper sizing and siting of residential uses on lots and protect environmentally sensitive areas.

B. Applicability.

(1) Usable area standards. For attached, multiple and multifamily dwellings and townhouses, the usable area shall indicate the extent to which land area can be counted toward overall site density. The usable area standards apply to all such dwellings including those which are within the following categories of use in the Tables of Bulk and Use Requirements: multiple dwellings, garden-style dwellings, attached dwellings, cluster attached and multifamily developments, affordable attached and multiple housing and senior citizen attached and multiple housing.

(2) Building envelope and buildable area standards. Individual residential lot sizes and configurations for single-family, two-family and semidetached dwelling uses shall be determined through the use of building envelopes and minimum buildable area, in said order. The building envelope shall indicate the available portion of the lot for the siting of buildings; the minimum buildable area shall indicate those portions of the lot where the principal building may be located.

(3) Most restrictive standard applies. In the event there is a conflict between the standards or requirements established by this section and another section of the Town's Code or any other law, rule or regulation applicable to a particular district, use or type of environmentally constrained land, then the most restrictive standard or requirement shall take precedence and apply. The standards established by this section shall apply to uses regulated by §§ 185-47 and 185-48, and usable area calculated in accordance with this section shall be utilized to determine the acreage upon which maximum "gross density" is based for multiple, multifamily and attached dwellings proposed under those sections.

C. Usable area standards. The area of a lot that is suitable for development of attached single-family residences, multiple dwellings and/or townhouses constitutes the usable area, as defined in § 185-3. The maximum number of dwelling units that may be approved in developments to which the usable area standard is applicable shall be computed by multiplying the appropriate maximum number of dwelling units per acre for the district in which the site is located by the applicable usable area determined based on the calculations provided in the following table.

Percentages of Constrained Lands to be Deducted in Calculating Usable Area for Residential Uses
Residential Use	Percent Lot Area Deducted from Usable Area Calculation
	Protected wetlands	DEC-regulated water body	Steep slopes	100-year floodplain	Areas subject to tidal inundation	Rights-of-way and utility easements
Single-family dwellings	N/A	N/A	N/A	N/A	N/A	N/A
Single-family cluster developments	N/A	N/A	N/A	N/A	N/A	N/A
2-family dwellings	N/A	N/A	N/A	N/A	N/A	N/A
2-family dwelling clusters	N/A	N/A	N/A	N/A	N/A	N/A
Semi-attached dwellings	N/A	N/A	N/A	N/A	N/A	N/A
Single-family attached	100	100	100	100	100	100
Multifamily dwellings and townhouses	100	100	100	100	100	100
Garden-style dwellings	100	100	100	100	100	100
Clustered attached and multiple-family dwellings	100	100	100	100	100	100
Affordable attached and multiple-dwelling housing1	75	75	75	100	100	100
Senior citizen attached and multiple-dwelling housing	75	75	75	100	100	100

Note:

1

Where only a fraction of the total number of dwelling units in a development will be affordable units, the same fraction shall be applied in determining the applicable percentages to be used in calculating usable area. For example, if a development consists of 10 units of affordable multiple-dwelling housing and 90 multifamily dwellings and townhouses which are not proposed as affordable units, then 10/100 or 10% of the constrained lands that are protected wetlands or steep slopes or beneath waterbodies would be deducted at the rate of 75% in calculating usable area and the remaining 90/100 or 90% of those constrained lands would be deducted at the rate of 100%.

D. Building envelope. A building envelope will be developed for each lot in order to determine the two-dimension portion of a lot where buildings may be sited. The building envelope shall be determined by deducting from the total lot area, the area of all yard setbacks required by the applicable zoning regulations.

E. Minimum buildable area standards. In order to determine the area of a given lot that is suitable for development of buildings, outbuildings, and accessory structures, such as pools, decks, and tennis courts, the Town hereby establishes minimum buildable area standards for dwellings in residential districts. The use of minimum buildable area standards will help to avoid encroachment into environmentally sensitive lands.

(1) Affected zoning districts. The minimum buildable area standards set forth in this subsection applies to single-family dwellings, two-family dwellings and semidetached dwellings not exceeding two dwellings per lot in the following districts: RR, AR, R-1, R-2, and R-3, B and IB.

(2) Affected dwelling types. The standards apply to all such dwellings including those which are within the following categories of use in the Tables of Bulk and Use Requirements: single-family dwellings, two-family dwellings, semidetached dwellings not to exceed two dwelling units per lot, cluster developments, affordable housing and senior citizen housing.

(3) Minimum buildable area. The tables below determine the minimum buildable area for each type of dwelling subject to the minimum buildable area standard.

(a) Single-family dwelling lots.

[1] Each residential lot created by a subdivision for single-family dwelling use after the effective date of this section shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands.

Minimum Buildable Area for Single-Family Dwelling Lots (in square feet)*
District	Minimum lot size without public water or sewer	Minimum lot size with either public water or sewer	Minimum lot size with public water and sewer	Minimum buildable area
RR	87,120	NA	NA	15,000
AR	40,000	NA	NA	10,000
R-1	40,000	NA	NA	10,000
R-2	40,000	17,500	15,000	10,0001 5,2502 4,5003
R-3	40,000	15,000	12,500	10,0001 4,5002 3,7503

Notes:
1	Minimum buildable area for lots without public water and sewer.
2	Minimum buildable area for lots with either public water or sewer.
3	Minimum buildable area for lots with both public water and sewer.
*	Where the building envelope is smaller than the minimum buildable area and the building envelope does not contain any DEC-regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements, areas immediately adjacent to the building envelope which are free of such constraints may be counted toward the minimum buildable area. [Added 7-25-2011 by L.L. No. 4-2011]

[2] Two-family dwelling lots and semidetached dwelling lots, not exceeding two dwelling units per lot.

[a] Each residential lot created by subdivision after the effective date of this section for a two-family dwelling use or semidetached dwelling use not exceeding two dwelling units per lot shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands.

Minimum Buildable Area for Two-Family and Semidetached Dwelling Lots (in square feet)*
District	Minimum lot size without public water or sewer	Minimum lot size with either public water or sewer	Minimum lot size with public water and sewer	Minimum buildable area
RR	NA	NA	NA	NA
AR	100,000	100,000	100,000	17,500
R-1	100,000	100,000	100,000	17,500
R-2	100,000	50,000	50,000	17,5001 12,5002 12,5003
R-3	100,000	50,000	50,000	17,5001 12,5002 12,5003

Notes:
1	Minimum buildable area for lots without public water and sewer.
2	Minimum buildable area for lots with either public water or sewer.
3	Minimum buildable area for lots with both public water and sewer.
*	Where the building envelope is smaller than the minimum buildable area and the building envelope does not contain any DEC-regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements, areas immediately adjacent to the building envelope which are free of such constraints may be counted toward the minimum buildable area. [Added 7-25-2011 by L.L. No. 4-2011]

[3] Single-family dwelling cluster, single-family senior housing and single-family affordable housing lots.

[a] Each residential lot created by subdivision in a single-family cluster development, single-family senior housing development and single-family affordable housing development after the effective date of this section shall have a minimum buildable area in square feet as specified below. For those rows in which a range of minimum buildable areas is set forth in the table, the minimum buildable area for the particular lot size falling within the range of the lot sizes for that row shall be calculated using fractions based upon the proportions in the ranges and adding the result to the smallest buildable area square footage for that row. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands.

Minimum Buildable Area for Single-Family Dwelling Cluster, Single-Family Dwelling Senior and Single-Family Dwelling Affordable Housing Lots (in square feet)*
	Lot Size	Minimum Buildable Area
Single Family Cluster/Senior/Affordable
Lot size range	Up to 5,000 square feet	2,500 square feet
	5,001 to 7,500 square feet	2,501 to 2,750 square feet
	7,501 to 10,000 square feet	2,751 to 3,000 square feet
	10,001 to 12,500 square feet	3,001 to 3,750 square feet
	12,501 to 15,000 square feet	3,751 to 4,500 square feet
	15,001 to 17,500 square feet	4,501 to 5,250 square feet
	17,501 to 40,000 square feet	5,251 to 10,000 square feet
	>40,000 square feet	10,000 square feet

Note:

*

Where the building envelope is smaller than the minimum buildable area and the building envelope does not contain any DEC-regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements, areas immediately adjacent to the building envelope which are free of such constraints may be counted toward the minimum buildable area. [Added 7-25-2011 by L.L. No. 4-2011]

[4] Two-family dwelling cluster lots, semidetached dwelling cluster lots, not exceeding two dwelling units per lot and semiattached affordable housing lots.

[a] Each residential lot created by two-family dwelling cluster development, semidetached dwelling cluster development and semiattached affordable housing development, after the effective date of this section, shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands.

Minimum Buildable Area for Two-Family Dwelling Cluster, Semidetached Dwelling Cluster and Semiattached Dwelling Affordable Housing Lots* (in square feet)
	Lot Size	Minimum Buildable Area
Two-family semi-detached- attached cluster/affordable
Lot size range	Up to 5,000 square feet	NA
	5,001 to 7,500 square feet	3,751 to 4,125 square feet
	7,501 to 10,000 square feet	4,126 to 4,500 square feet
	10,001 to 12,500 square feet	4,501 to 5,625 square feet
	12,501 to 15,000 square feet	5,626 to 6,750 square feet
	15,001 to 17,500 square feet	6,751 to 7,875 square feet
	17,501 to 40,000 square feet	7,876 to 15,000 square feet
	Over 40,000 square feet	15,001 square feet

Note:

*

Where the building envelope is smaller than the minimum buildable area and the building envelope does not contain any DEC-regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements, areas immediately adjacent to the building envelope which are free of such constraints may be counted toward the minimum buildable area. [Added 7-25-2011 by L.L. No. 4-2011]

§ 185-48.6 Home occupations.

[Added 3-3-2014 by L.L. No. 4-2014]

A. Findings. The Town of Newburgh permits customary home occupations to be conducted as accessory uses in dwellings subject to special permit in each of its residential districts and in the B (Business) district. The Town Board of the Town of Newburgh finds that certain occupations, which potentially could be conducted in dwellings, are detrimental to residential neighborhoods and accordingly are specifically prohibited. The Town Board of the Town of Newburgh additionally finds that occupations which require the use of outdoor motor equipment, machinery or vehicles or which involve outdoor on-premise work activities or outdoor storage upon the property occupied by the subject dwelling are also detrimental to residential neighborhoods as a result of noise, traffic on residential streets, emissions and related impacts, and accordingly the presence of such equipment, machinery and vehicles and such outdoor work activities should not be permitted on the property located in a residential zone in conjunction with home occupations.

B. Purposes.

(1) Home occupations are permitted subject to special permit in recognition that certain occupations and professions have been customarily conducted within dwellings by residents without changing the character of the structure as a residence or the property occupied by the structure. A home occupation will change the residential character of the structure and the property it occupies, however, if it is not confined to the interior of the dwelling or if the presence of nonresidential employees is not limited. If an occupation which commences as a home occupation prospers and grows to a point where it is a business with more than one nonresident employee, then it should no longer be conducted as a home occupation. It is accordingly appropriate that the Zoning Board of Appeals requires, as a condition of the granting of all home occupation special permits, that the permit be for a finite time period and subject to application by the applicant at the stated interval for renewal following review and hearing by the Zoning Board of Appeals.

(2) Certain occupations due to the traffic they generate, noise or odor impacts are detrimental to neighboring residential properties or neighborhoods. Certain occupations which have indoor office components but also entail the use, maintenance, storage, testing, cleaning, repair, loading or unloading of outdoor machinery, motor equipment or commercial vehicles or outdoor work activities, to the extent such activities are conducted upon the property occupied by the dwelling, also have detrimental impacts to neighboring residential properties and neighborhoods.

(3) The purpose of this section is to establish regulations for home occupations so that they do not have detrimental impacts on neighboring residences and residential neighborhoods and to specifically prohibit certain uses and activities as home occupations in residential zones in order to preserve the character of residential neighborhoods.

C. No more than one nonresident employee, associate, assistant or intern shall work on the premises at any one time. The nonresident employee's, associate's, assistant's or intern's work activities shall be confined to a space within the dwelling. The nonresident employee, associate, assistant or intern shall not engage in outdoor work activities. No additional nonresident employees, associates, assistants or interns shall report to the property for any purpose, including, but not limited to, transportation to off-site work premises, conferences, training or testing.

D. Prohibited and nonconforming home occupations.

(1) The following are prohibited as home occupations:

(a) Clinic;

(b) Hospital;

(c) Barbershop;

(d) Beauty parlor;

(e) Restaurant;

(f) Animal hospital;

(g) Commercial animal breeding;

(h) Uses in residential zones which include the outdoor use, maintenance, servicing, testing, cleaning, repair, loading, unloading, or storage of outdoor machinery, motor equipment or commercial vehicles;

(i) Uses in residential zones which include outdoor work activities conducted on the property containing the dwelling; and

(j) Taxi or ambulance service or yard.

(2) Any such use which has previously received a special permit from the Zoning Board of Appeals or existed prior to prohibition in the Zoning Code shall be deemed nonconforming.

E. No outdoor machinery, motor equipment or commercial vehicular maintenance, service, testing, cleaning or repair, nor the loading and unloading of motor equipment in conjunction with a home occupation shall be conducted on the residential premises of the home occupation in residential zones, except inside a building on the premises.

F. No commercial vehicle, trailer or motor equipment parking, storage, loading or unloading in conjunction with the home occupation shall take place outdoors on the residential premises of a home occupation in a residential zone, except for the parking of one vehicle as permitted pursuant to § 185-13E. Home occupations shall provide off-street parking for any and all anticipated increases in vehicles at the premises above and beyond the parking already required. Off-street parking required for the home occupation shall not be located in a front yard.

G. Delivery and pickup of material or commodities to and from the residential premises of a home occupation in a residential zone by a commercial vehicle shall not exceed 20 vehicle trips per week.

H. The home occupation shall not use, store, produce or dispose of any toxic or hazardous material.

I. The home occupation in a residential zone shall not produce any odor, noise, vibration, smoke, dust, heat or glare discernible at the property line.

J. No outdoor display of goods other than agricultural food products or outdoor storage of goods, equipment, containers or material used in the home occupation shall be permitted in a residential zone.

K. Home occupations shall be limited to one per lot.

L. When applicable, the building construction classification and fire separations for the building shall comply with the applicable fire and building safety requirements of the Town for mixed use of residential and the applicable nonresidential use classification of such home occupation and shall be certified by the Building Inspector.

M. No unlawful use of a building or structure or lot for a home occupation existing at the effective date of the local law enacting this section shall be deemed to be a nonconforming use.

§ 185-48.7 Banks with drive-through windows.

[Added 8-20-2014 by L.L. No. 7-2014]

Before approving any bank with a drive-through window, the Planning Board shall consider:

A. Vehicular traffic movements and potential hazards to pedestrian safety. All drive-through aisles shall exit into a parking area, driveway or onto a side street and not directly onto Routes 9W, 17K, 32, 52 or 300.

B. Proposed signs, lighting, speaker noise where residential properties are located nearby and landscaping.

C. Public roads and internal drive aisles shall not be blocked by waiting drive-through traffic.

D. Parking areas and circulation drives shall be adequately separated so as to avoid conflict between parking cars and waiting drive-through traffic.

E. Adequate stacking space will be provided for waiting drive-through vehicles such that these vehicles do not interfere with site vehicular or pedestrian circulation.

F. The site plan checklist for parking lot area traffic and pedestrian movements/safety concerns shall be reviewed in preparation of plans.

§ 185-48.8 Day-care centers and nursery schools for pre-school children.

[Added 5-27-2020 by L.L. No. 2-2020]

Day-care centers and nursery schools for pre-school children shall have areas for the discharge and pick up of passengers from private vehicles on site, outside of any highway or street right-of-way.

§ 185-48.9 Cannabis-related uses.

[Added 1-23-2023 by L.L. No. 1-2023]

A. Permitted locations and separation requirements. In order to protect young people from inducements to use cannabis and reduce youth exposure and potential access to cannabis as well as exposure of vulnerable populations receiving treatment for drug or alcohol addiction or abuse, and to mitigate potential risks to the population from drivers who have engaged in on-premise cannabis use and whose psycho-motor skills and driving abilities may be impaired, given the challenges presented in assessing service limits to impaired patrons, the absence of standard serving sizes and the duration and onset of impairment, all unlike with alcohol, and the Town having limited public transit options, the following distance and separation requirements are established.

(1) No approval or permit shall be granted to cannabis on-site consumption premises and cannabis retail dispensaries proposed to be located within 500 feet of a community facility, including, but not limited to, a facility that provides day care to children, a public park, a playground, a public swimming pool, a library; or a center or facility where the primary purpose of which is to provide recreational opportunities or services to children or adolescents as measured from the center of the nearest walkway or stairs leading to the entrance of the premises or where it meets the building line or public thoroughfare.

(2) No approval or permit shall be granted to cannabis microbusiness facilities proposed to be located within 500 feet of the exterior of any existing dwelling unit.

(3) Cannabis on-site consumption premises and cannabis retail dispensaries shall be separated from another premises used for the same category of licensed use by at least a 1,000 foot radius feet as measured from the center of the nearest walkway or stairs leading to the entrance where it meets the building line or public thoroughfare, unless there is no setback, in which case the measurement shall be from the center of the entrance.

B. Special use permit requirement for cannabis on-site consumption premises, cannabis retail dispensaries and cannabis microbusiness facilities. In addition to site plan review, special use permit review shall be required for cannabis on-site consumption premises, cannabis retail dispensaries and cannabis microbusiness facilities. Pursuant to Town Law § 274-b, the Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove special use permits for these uses within the Town pursuant to and in accordance with the standards set forth in this chapter and procedures set forth in Town Law § 274-b. The application for the special use permit shall contain the same information as required for a site plan application and such additional information as the Planning Board may require the applicant to supply relating to, among possibly others, the relationship of the proposed special use to factors such as public safety, noise, odors, traffic impact, operational schedule of the special use and the public welfare. A special use permit authorizes only the activity expressly described in the application and approved permit materials. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon the granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town. A special use permit shall expire upon change in property ownership or property transfer, unless the Planning Board is notified by the owner, in writing, prior to property transfer and the Planning Board reviews the use or activity and special permit documents and is satisfied that the use has and is being conducted in a manner that is consistent with the special permit and any conditions which may have been stipulated at the time of its issuance and approves, in writing, the transfer of the special use permit. A new special use permit shall be required for any expansion, alteration or variation of a use already authorized by a special use permit.

C. Additional requirements for cannabis on-site consumption premises and cannabis retail dispensaries. Sites containing cannabis on-site consumption premises and cannabis retail dispensaries shall be subject to the following additional requirements:

(1) Provision of sufficient lighting during and after hours of operation.

(2) Provision of adequate facilities and personnel for disposal of trash and other debris.

(3) Provision for continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.

(4) Sales product and paraphernalia items related to the preparation or consumption of product shall not be visible off-site or from a public right-of-way.

(5) Outside use of sound reproduction devices, including, but not limited to, loudspeakers and amplifiers on the premises shall be prohibited.

D. State license requirement. A cannabis distribution facility, cannabis medical dispensary, cannabis microbusiness facility, cannabis on-site consumption premises, cannabis processing facility and cannabis retail dispensary must have a valid license issued by the State of New York in order to be considered a permitted use. An expiration or revocation of a license by the state shall be deemed to automatically terminate the special use permit or other Planning Board approvals permitting the use. Any applicant who receives a special use permit and who decides to proceed with the special use does so realizing that the special use permit and all rights to continue that use shall terminate as provided herein. The applicant, in accepting a special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein. This provision is intended to and does supersede and amend Town