The following projections into required yards shall be permitted:

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

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

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

Barns, silos, solar energy systems, telecommunication towers, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.

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

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

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

For watercourse setbacks, see § 121-14D.

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

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

The smallest practical area of land shall be exposed at any one time during the development.

When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

Temporary vegetation and other protective measures shall be used to protect critical areas exposed during development.

Sediment basins or debris basins (silting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters on lands undergoing development.

Provision shall be made to effectively accommodate the increased runoff caused by changing soils and surface conditions during and after development.

Permanent final vegetation and structures shall be installed as soon as practical in the development process.

The development plan shall be fitted to the type of topography and soils to minimize erosion potential.

Wherever feasible, natural vegetation shall be retained and protected.

Surface rock removal and agricultural minor project soil mining shall be permitted only in the RA, RR, OC and M Districts and shall not be permitted on marble knolls and calcareous crests as identified on the Map of Significant Habitats in Amenia.

A map of the property shall be submitted with relevant information from Town GIS layers, including the Map of Significant Habitats in Amenia, identifying the specific habitat types. The map shall also include boundaries, streams and wetlands, ten-foot contour lines, geological features such as rock outcrops, and types of vegetation. The map shall indicate locations where mining and rock removal activities would occur and the location of existing and proposed access roads and landings.

The habitat and natural resource maps and application shall be reviewed by the Building Inspector and Zoning Administrator, and the Zoning Administrator shall issue the zoning permit if the application complies with the requirements of this subsection. The Zoning Administrator may seek expert guidance from a biologist or ecologist, or require the submission of a biologist's report, if any significant habitats will be affected by the proposed operation. The Zoning Administrator may deny or place conditions on the permit to ensure that there will be no disturbance of significant habitats.

Access roads and landings shall meet or exceed the requirements of the DEC for logging roads and landings. Reference shall be made to the Timber Harvest Guidelines of the NYSDEC, available on the DEC website.

Exposed topsoil areas exceeding 1,000 square feet on slopes exceeding 15% (other than access roads and gravel pits) shall be, at a minimum, hydroseeded and mulched. Silt fences and hay bales to prevent erosion shall be used where practical, and the operation shall expose the minimum area necessary and revegetate as quickly as practicable.

The Town Building Inspector, Zoning Administrator or Environmental Officer shall inspect the site no less than twice a year at the permittee's expense.

Operations shall be conducted on weekdays only and shall not exceed 10 daylight hours.

If the operation is a commercial enterprise engaged in selling surface rocks, a performance guarantee of $5,000 per acre of disturbance, with a minimum of $5,000, shall be deposited with the Town in order to assure that the land is revegetated and access points to public roads maintained and repaired. See § 121-68B.

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

Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.

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

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

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

As may be needed for stream bank stabilization, foot trails and utility lines.

In conjunction with timber harvesting operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.

In conjunction with activities of a farm operation protected by an exemption under § 121-37E below.

In conjunction with the establishment or maintenance of golf course fairways.

In conjunction with rock removal operations allowed pursuant to § 121-34I.

Where an applicant can demonstrate that there is no feasible alternative and that the impacts of any land disturbance will be fully mitigated by the best available engineering, erosion control, and visual impact mitigation practices.

Where an applicant can demonstrate that the impacts of disturbing slopes do not negatively impact visual resources, that the areas impacted are part of a broader plan for a site that weighs and balances the full range of environmental issues, and that such disturbance is fully mitigated by engineering and soil erosion control practices.

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

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

Agricultural structures and practices shall not require site plan review or special permit approvals, except that agricultural structures with a footprint greater than 10,000 square feet shall require minor project site plan approval pursuant to § 121-67.

Soil mining which does not require a permit from the New York State Department of Environmental Conservation shall be permitted by right, subject to a zoning permit pursuant to § 121-34I.

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

Minimum parking required for residential uses.

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

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

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

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

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

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

Permanent signs.

Temporary signs.

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

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

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

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

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

Location and maintenance.

Sign area and height.

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

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

Nonconforming signs. Signs that do not conform with this § 121-39 and that were legally in existence prior to the adoption of this section (July 19, 2007) shall be permitted to continue for an amortization period that terminates July 1, 2012, at which time they must either be replaced by conforming signs that have valid permits or be removed. Such signs may be altered only if the alterations increase their conformity with this section. This five-year amortization period may be extended by a temporary variance granted by the Zoning Board of Appeals, provided that the applicant demonstrates that the five-year amortization period is confiscatory as applied to the specific sign. The period of the variance shall be the minimum reasonably necessary to avoid confiscation. Signs that were not in compliance with the sign regulations of the Town of Amenia existing prior to the enactment of this § 121-39 shall not be considered protected nonconforming structures and shall be treated as violations.

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

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

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

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

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

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

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

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

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

Regulate and control the generation and flow of vehicular traffic in order to prevent hazardous conditions, traffic congestion and excessive noise in the streets.

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

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

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

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

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

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

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

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

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

Maximum permitted emission of dust.

The proponent of any development shall provide the Planning Board with information pertaining to potential traffic generation. If the Planning Board determines that it is necessary, the Planning Board may require the submission of a traffic impact study (TIS) prepared by a qualified traffic engineer.

Any development application for which a TIS is not submitted shall provide sufficient information to ensure safe entering and exiting conditions (e.g., sight distance, driveway width and grade) at all proposed ingress and egress points.

In projecting future levels of service and the capacity of mainline highway sections, accepted traffic engineering procedures, as determined satisfactory by the Planning Board, shall be utilized, using the following requirements as a guide:

Ensure the compatibility of home occupations with other uses;

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

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

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

Home occupation by special permit.

Physical integration. All workforce housing units must be physically integrated into the design of the development and constructed with the same quality building materials as the market rate units. The exterior finishes for workforce housing units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware or other interior finishes where such substitutions would not adversely impact the livability of the unit. All electrical appliances shall bear the "ENERGY STAR^®" rating. The workforce housing units shall be integrated with the market rate units to the extent practical. The Planning Board may waive this requirement where an applicant proposes to build workforce housing units off-site.

Dwelling unit type and size. Workforce housing units may be located in multifamily, single-family attached, or single-family detached dwellings and may be studio, one-, two-, three-, or four-bedroom units.

Minimum floor area. The gross floor area per workforce housing unit shall be no less than the minimum required by the Building Codes of the State of New York.

Phasing.

Waiver of recreation fee and other requirements. When a recreation fee is calculated in lieu of an approved reservation of recreation lands, the Planning Board may calculate such fee based on the total number of dwelling units exclusive of those which are workforce housing units.

Violation. Any developer, owner, property manager, contractor, and/or other responsible person/entity, upon failure to implement the development standards in this section, shall be subject to enforcement as provided in Town of Amenia Zoning Code § 121-57.

Income limits. To be eligible to purchase a workforce housing unit, the household's annual income shall not exceed 80% of the area median income (AMI) for Dutchess County as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 30% of 80% AMI, adjusted for family size. To be eligible to rent a workforce housing unit, the household's annual income shall not exceed 60% Dutchess County AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size.

Other assets.

Standards. To prevent overcrowding of workforce housing units, at the time of purchase or rent, the following schedule of occupancy shall apply:

Residency. All workforce housing units shall be the primary residence of the owners or renters. Owners may not rent their unit to others, and renters may not sublet their unit, except that one-year subleases shall be permitted if the household is required to move temporarily for reasons of employment, health, or family emergency, not to exceed a total of two years. These restrictions shall not apply to the developer of the workforce housing units.

Calculation of initial sales price. The initial sales price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the maximum family income allowed for such unit under § 121-42D(1) above.

Resale of workforce housing units.

Calculating permissible rent. Maximum monthly rent, including utilities (heat, hot water and electric), shall not exceed 30% of the maximum family income allowed for such unit. Maximum rent shall be set in such a manner that the eligible households will have sufficient income to qualify to rent such units.

Lease terms and renewal. Applicants for workforce housing rental units shall, if eligible and selected for occupancy, sign leases for an initial term of one year. As long as the household remains eligible and has complied with the terms of the lease, the household shall be offered a one-year renewal every year. If at the time of renewal the household's annual gross income exceeds the maximum income limit as established by the Amenia Town Code, such household shall be offered a market rate rental unit in the development, if available. If no such unit is available at a rental price that the household can afford, the household may renew the lease at the workforce housing rental rate for one more year, subject to the condition that should a market rate unit become available, the household shall be required to move to such unit. At the end of the lease for such additional year, the household shall have no further right to reside in the workforce housing unit at the restricted workforce housing rent. At that time, the landlord shall have the option of increasing the rent of the unit to a market rate, provided that the landlord makes a comparable unit available to another eligible household at the restricted workforce housing rental rate.

Housing Board review. All lease terms shall be reviewed and approved periodically by the Housing Board or an appropriate department or qualified third-party consultant to the Town as designated by the Housing Board.

All workforce housing units shall be maintained in a satisfactory manner as prescribed by the Building Inspector/Code Enforcement Officer, Housing Board, or by an appropriate department as may be designated by the Town Board. Neither owners nor renters of workforce housing units shall make any improvements that require a building permit without prior written permission from the owner/managing company.

All workforce housing units shall be maintained at least at the original builder's specification level. At the time of resale, the owner/managing agent may determine that the unit has not been properly maintained and shall be authorized to impose such assessments as necessary to reasonably return the unit to its original condition. Said assessment shall be deducted from that portion of the selling price reverting to the seller of the unit.

Any application involving the creation of workforce housing shall include the plans, descriptive information, and other documents sufficient to clearly portray the intentions of the applicant with respect to workforce housing and demonstrate compliance with the development standards required by Subsection C of § 121-42 and shall include such other information as the Housing Board deems necessary to conduct an informed review. Such information shall include:

Incorporation of conditions of approval. Any special permit, site plan, or subdivision approval involving the creation of workforce housing under this § 121-42 shall include specific conditions referencing the requirements of this section, which shall also be noted on any approved site plan or subdivision plat and incorporated in any deeds, as required by this section. In any phased development, such conditions shall also establish a phasing schedule to ensure that any required workforce housing units are built or fees in lieu of building such units are paid on a pro rata basis as the development is built out.

Oversee the administration and monitoring of the workforce housing program. Administrative items, which the Housing Board may delegate to the administrative entity, include:

Assist the Town Board/Planning Board in determining and reviewing applications to build workforce housing units.

Recommend annual maximum income limits; rental prices; resale values.

Recommend rules and regulations as necessary.

Review annual reports from management companies.

Seek public-private partnerships to develop workforce housing.

Assess and report on the Town's workforce housing needs.

Purpose and intent. The Town Board hereby implements § 121-42N by establishing a fee to be paid into a dedicated Workforce Housing Trust Fund as an alternative to the construction of workforce housing where such housing is either mandated or available as a condition of a density bonus and by authorizing the creation of a Town Workforce Housing Trust Fund for the purpose of receiving funds from payments and/or fees and/or gifts collected or received by the Town pursuant to the Town's Workforce Housing Law and this section.

Workforce Housing Trust Fund.

Fee. The Town Board hereby establishes a fee to be paid into the Workforce Housing Trust Fund as an alternative to the construction of workforce housing where such housing is either mandated or available as a condition of a density bonus. Fees paid as an alternative to the construction of workforce housing shall be paid to and deposited into the Workforce Housing Trust Fund.

Financial guarantee or security. The Town Board has the right to require the posting of a financial guarantee and/or security to ensure timely payments required as an alternative to the construction of workforce housing.

In any development of 10 or more dwelling units, or a subdivision of 10 or more lots, at least 10% of the units/lots shall be developed as workforce housing under this § 121-42. In computing this number, fractional units of 0.5 or more shall be rounded up. The workforce housing units shall be added to the allowable unit count established under this chapter. For example, if an applicant is permitted to build 25 dwelling units under this chapter, the applicant shall be required to build at least three workforce housing units in addition, bringing the total allowable unit count to 28.

The applicant may, instead of building the workforce units on-site, substitute one or more of the following alternative measures, if such measures are consistent with the Town of Amenia Comprehensive Plan and the purposes of this§ 121-42:

New mobile home parks shall be permitted only within mapped MHO districts.

Within the Mobile Home Park Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

Existing mobile home parks not located in an MHO district may be continued as provided in Article VI, and new mobile homes may be installed pursuant to plans approved before the enactment of this § 121-44. The expansion of an existing mobile home park shall be allowed by special permit, provided that the mobile home park is included in a mapped MHO district.

New mobile home parks may be permitted in the MHO District provided that they obtain a special permit from the Planning Board and fully comply with all standards for conservation subdivisions, except as follows:

All new mobile home parks and expansions of existing mobile home parks shall be required to comply with all applicable state and federal regulations and all applicable special permit and site plan review standards and criteria in this chapter. If the mobile home park will involve the creation of separate lots, the Town of Amenia Subdivision Law (Chapter 105) shall apply.

Individual mobile homes permanently located outside of mobile home parks shall be prohibited, except in connection with farm operations as provided in Subsection E.

Nonconforming mobile homes may be replaced by mobile homes that comply with currently applicable federal and state building standards.

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

Such employees shall be employed full-time in the occupation of the applicant farmer and derive the majority of their annual income from employment in agricultural operations on the farm.

The mobile home(s) shall be placed in such a manner and/or position or location that observation by adjoining property owners will be minimized.

If the mobile home is not occupied by persons who qualify under Subsection E(1) and (2) above, the mobile home shall be removed from the premises.

Location or co-location.

New telecommunications tower construction, or modification, reconstruction or enlargement of such towers, is subject to obtaining a special permit from the Zoning Board of Appeals pursuant to Article IX of this chapter, as well as the standards and requirements hereafter established in this section. Applications for a special permit under the subsection shall be a Type I action under the State Environmental Quality Review Act.

Construction of telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77.

Pending applications. Applications to construct, or co-locate on, a communications tower pending before any Board of the Town at the time of initial adoption of this section shall continue to be processed to minimize delay and expense to the applicant as much as possible. Information already on file with the reviewing Board shall be used to the extent applicable to satisfy submission requirements under this section. Any additional information required by this section shall be specified, upon request of the applicant, by the reviewing Board within 45 days after request. All pending applications shall be decided under the provisions of this section. If a public hearing has already been held on the application, no further public hearing shall be required except as may be required in the discretion of the reviewing board or agency. If a public hearing has not been held, then a public hearing shall be held as required under the terms of this section.

Applications pursuant to Subsection B(1) shall be made to the Code Enforcement Official and shall include the following:

Applicants that do not meet the requirements of Subsection B(1)(a)[1] through [5] shall provide, in addition to the requirements of Subsection B(1)(a)[1] through [5], a site plan which shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, grading plans for new facilities and roads, and such other information as the Planning Board deems appropriate in its review of the application. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.

The Zoning Board of Appeals may consider a special use permit request to locate a new telecommunications tower if the applicant can demonstrate that shared use of existing tall structures and existing or approved communications towers or communications tower sites are undesirable due to structural deficiencies; provide documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement; provide documented evidence that the site will not work from a technological aspect; or demonstrate that the applicant's proposed location or co-location on the site would have an adverse impact on the surrounding area. An applicant for a new telecommunications tower shall also obtain site plan approval from the Planning Board and shall submit a completed full environmental assessment form (EAF) and a completed visual EAF addendum to the Planning Board and Zoning Board of Appeals. An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds); ground elevation above sea level; and height of the structure and/or tower and accessory buildings on the site of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new communications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower, as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. The report shall include the following information to permit the Town to evaluate the need for the new telecommunications tower site:

Applicants shall design proposed new telecommunications towers to accommodate future demand for reception and transmitting facilities. Applications for new telecommunications towers shall include an agreement committing the owner of the proposed new telecommunications tower, and its successors in interest, to negotiate in good faith for shared use of said tower by other providers of communications in the future. This agreement shall be filed with the Code Enforcement Official prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of a special use permit. The agreement shall commit the telecommunications tower owner and lessee and their successors in interest to:

Applications to the Zoning Board of Appeals for a special permit shall be made in accordance with Article IX and shall also include the following:

Within 21 days of filing an application for a special use permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days, prior to the test.

Setbacks. Each proposed telecommunications tower and telecommunications facilities structure shall be located on a single lot and shall comply with applicable setback requirements. In addition, the following setback shall be observed: The minimum distance from the base of any new tower to any property line, road, dwelling, business or institutional use or public recreation area shall be the height of the tower, including any antennas or appurtenances, in order to preserve a safe "fall zone," which is the area on the ground within a radius from the base of a tower where there is a potential hazard from falling debris (such as ice) or collapsing material.

Camouflage. New telecommunications towers shall be camouflaged as follows:

Tower design and height. Alternative designs shall be considered for new telecommunications towers, including lattice and single-pole structures. The design of a proposed new telecommunications tower shall comply with the following:

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this section prior to the approval of the special use permit. Exceptions to tree cutting may be made on a case-by-case basis prior to approval of the special use permit for visual assessment activities specified in Subsection E, but such activity does not commit the respective board to approve the application.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Planning Board.

Noise. The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners and emergency power generators. Telecommunications towers and facilities shall comply with all applicable sections of the Town Code as it pertains to noise control and abatement.

Lighting. No exterior lighting of accessory buildings or accessways shall spill from the site in an unnecessary manner.

Access. Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to the toe of fill, the top of cuts, or not more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of telecommunications providers that might use the facility.

Parking. Sufficient parking shall be provided to assure adequate emergency and service access. The Zoning Board of Appeals shall determine the number of required spaces, but in no case shall the number of parking spaces be less than two spaces.

Fencing. The telecommunications tower and any accessory structure shall be adequately enclosed by a fence, the design of which shall be approved by the Zoning Board of Appeals. This requirement may be relieved by the Zoning Board of Appeals if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. Telecommunications towers and telecommunications facilities, including mounts, antennas, equipment shelters and security barriers, shall be dismantled and removed by the applicant or the owner of the subject premises when they are no longer used or needed for their original purpose or if a special use permit expires as provided in Subsection G. All applications for approval of new telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower. No approvals shall be given under this article until all owners of the subject premises give the Town, in a form suitable to the Town Attorney, a recordable instrument, running with the land, granting the Town the right to enter upon the premises to dismantle and to remove the tower or facilities in the event of the owners' failure to comply within three months with a lawful written directive to do so by the Code Enforcement Official; and giving the Town the right, after fair notice and opportunity to be heard before the Town Board by the owner(s) of the premises, to charge the actual costs associated with disassembly or demolition and of removal, including any necessary and reasonable engineering or attorneys' fees incurred to carry out its rights hereunder, by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Amenia to be levied and collected in the same manner and at the same time as Town-assessed real property taxes. The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of seeking an injunction from a court of competent jurisdiction to compel removal, or seeking judgment to recover the costs, together with reasonable and necessary engineering and attorneys' fees, of dismantling and removal by the Town. The Town may secure removal of towers or facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of dismantling and removal.

Proof of insurance. The applicant and the owner of the property where the communications tower is to be located shall provide the Town Clerk with proof of liability insurance in an amount not less than $3,000,000 to cover potential personal injury and property damage associated with construction and subsequent operation and maintenance, and the policies of insurance shall name the Town as an additional insured.

The applicant shall maintain the telecommunications facility in good condition, including, but not limited to, structural integrity of the mount and security barrier; painting; maintenance of stealth technology camouflaging; and maintenance of the buffer areas and landscaping. Telecommunications towers over 100 feet in height shall be inspected annually by a professional engineer licensed in New York State and a copy of the inspection report submitted to the Town of Amenia Code Enforcement Official.

Airfields are not a permitted use in any of the zoning districts in the Town of Amenia.

Emergency use exception. The landing, touchdown, or takeoff of an aircraft for emergency purposes, such as police, law enforcement, medical, fire, or natural disasters, shall be permitted in all zoning districts in the Town of Amenia. The Building Inspector is permitted to investigate any circumstances to verify such emergency use.

The airfield use commenced more than 15 years prior to the effective date of this section; and

Prior to December 31, 2002, the Town Board issued an airfield permit authorizing the continued operation of the airfield pursuant to Town of Amenia Local Law No. 5 of 2001; and

The airfield use has been continuously operated without abandonment since the issuance of the airfield permit by the Town Board and approval by the Commissioner of Transportation pursuant to § 249 of the General Business Law; and

The owner has timely applied for and obtained all renewal airfield permits as required by § 121-46.1D.

An airfield permit issued pursuant to this section shall have a term of no more than five years.

An owner may apply to the Town Board for renewals of an airfield permit up to six months prior to the expiration of the prior permit. The airfield permit shall be renewed by the Town Board, provided that the owner has operated the airfield in compliance with the applicable rules and regulations of the Town and any regulatory body having jurisdiction over the operation of such an airfield.

The Town's permit to operate an airfield shall expire within three months of the transfer of ownership of the property on which the airport is situated unless the new owner shall have applied to the Town Board for a permit to continue operation.

Failure to timely submit an application for an airfield permit or a renewal airfield permit shall constitute an abandonment of any nonconforming use status afforded such airfield.

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

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

All animals shall be kept in secure pens or otherwise be under the continuous control of their owners to prevent them from straying off of the property on which they are kept.

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

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

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

No provisions of this section shall prohibit or regulate the keeping of dogs as household pets, provided that the number of dogs does not exceed four per residential lot.

No kennel as defined in § 121-74 shall be established within 200 feet of a developed residential parcel.

The minimum lot area required to establish a kennel as defined in § 121-74 shall be three acres.

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

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

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

The operation shall comply with all applicable provisions of this chapter, including the environmental performance standards in § 121-40 and the aquifer protection provisions in § 121-15 if the use is located within the Aquifer Overlay District.

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

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

Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards, unless vehicular access to such yards is not feasible. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B shall not apply in the M, HC, and OC Districts.

Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 10,000 pounds gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. The Planning Board may allow larger vehicles by special permit. This provision shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from property lines of adjacent landowners.

A description of the property, including the street address, the number and type of buildings or structures on the property and the Dutchess County tax parcel number.

The names and addresses of the owner or owners and the name and address of the mortgagee.

If the owner does not reside in Dutchess County, the name and address of any third party with whom the owner has entered into a contract or agreement for property management.

The names and addresses of all known lienholders and all other parties with an ownership interest in the property.

A telephone number where a responsible party can be reached at all times during business and nonbusiness hours.

A vacant property plan described in § 121-51.1E.

The length of time the owner, or mortgagee, expects the vacancy to continue.

The proposed rehabilitation or improvement to be made to the property so as to make the property suitable for its last use of record.

A form on which the owner, or mortgagee, grants permission to the Code Enforcement Official to enter and inspect the property.

A description of what will be done to secure the property and any buildings or structures thereon from becoming open to the general public.

All doors and windows and other openings of the buildings or structures on the property are weathertight and secured against entry by the general public as well as animals; and

All roof and roof flashings on the buildings or structures on the property shall be sound and tight such that no rain will penetrate the buildings or structures and appropriate drainage will be provided so as to prevent deterioration of the interior walls or other interior portions of the buildings or structures; and

The property must be maintained in good repair, free from rubbish, garbage, and other debris, and all buildings or structures thereon must be structurally sound; and

Structural members of the building shall be capable of bearing both live and dead loads, and the foundation walls likewise shall be capable of supporting an appropriate load; and

The exterior of the buildings or structures shall be free of loose or rotten materials as well as holes. Any exposed metal, wood or other surface shall be protected from the elements by appropriate weather-coating materials (paint or similar treatment); and

Any balconies, canopies, signs, metal awnings, stairways, fire escapes or other overhanging extensions shall be in good repair and appropriately anchored. The exposed metal and wood surface of such overhanging extensions shall also be protected from the elements against rust or decay by appropriate application of paint or similar weather coating; and

Any accessories or appurtenant structures, including but not limited to garages, sheds and other storage facilities, shall meet the same standards as those for buildings or structures contained in this section; and

All bushes, trees and grass must be neatly trimmed and an unobstructed view of the front of the house from the public roadway shall be maintained; and

The maintenance requirements contained in § 1307 of the New York Real Property Actions and Proceedings Law shall be complied with.

If the property is occupied but remains in default, it shall be inspected by the mortgagee or the mortgagee's designee on a monthly basis until:

Upon the Code Enforcement Official filing a certification of abandonment, the Code Enforcement Official may, without further notice to the owner, take necessary steps to ensure the property and/or any structures thereon are properly maintained pursuant to § 121-51.1G. The owner, or the mortgagee if the mortgagee has served the owner with a notice of default, shall be responsible for any costs incurred by the Town under this section, and the Town shall be entitled to recover such costs from an owner or mortgagee by any means authorized by law.

The owner of an abandoned property may petition the Building Department to remove the certification of abandonment by providing proof to the Code Enforcement Official that the basis of the Certificate of Abandonment no longer exists and the owner is in compliance with this section.

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

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

Copies of applications submitted to the agencies.

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

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

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

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

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

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

That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Amenia or in the neighborhood of the proposed facility. This requirement shall not apply within the MCO Overlay District.

That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.

This section shall apply to all solar energy systems installed after its effective date. Modifications to an existing solar energy system or changes to the solar panel type (e.g., photovoltaic to solar thermal) shall be subject to this section to insure compliance with standards set forth in the New York State Uniform Code, the National Fire Protection Association (NFPA) and the National Electric Code (NEC), including all safety standards applicable to structural integrity and fire access.

Solar energy systems for which a valid building permit or certificate of completion or occupancy has been issued prior to the effective date of this section are not subject to the requirements of this section but shall be maintained in good working order and are subject to the New York State Uniform Code[1] and other applicable laws, rules and regulations.

Any solar energy system that produces 25 MW or more shall be regulated under Article 10 of the New York State Public Service Law.

All solar energy systems shall comply with the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code established pursuant to New York Executive Law § 381(2) ("NYS Uniform Code") to insure compliance with all safety standards, including fire access.

In the event that the New York Uniform Code contains more restrictive regulations covering solar energy systems than those noted in this subsection and the regulations conflict, then the NYS Uniform Code regulations shall prevail.

A building permit shall be required for the installation of all solar energy systems.

All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation requirements, and industry standards. Prior to operation, the electrical connections must be inspected by the Zoning/Code Enforcement Officer and by an appropriate electrical inspection person or agency, as approved by the Town, funding for which shall be paid for by the applicant. Letters of inspection must be provided to the Zoning/Code Enforcement Officer prior to the issuance of a certificate of occupancy, certificate of compliance or building permit. In addition, any connection to the public utility grid must be inspected by the appropriate public utility and documentation certifying this inspection must be provided to the Zoning/Code Enforcement Office prior to the issuance of a certificate of occupancy, certificate of compliance or building permit.

Infrastructure required for the installation of any solar energy system, including all solar panels, integrated monitoring systems, performance measuring equipment, batteries and any screening, must be contained within the boundary lines of the property owner and outside of any utility/public right-of-way.

Infrastructure required, by the utility, for utility interconnection located in the utility/public right-of-way and upgrades to an existing overhead utility service drop is permitted.

When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Dutchess County and other applicable laws and regulations.

All warning signs, equipment markings and installations of solar energy systems shall be in accordance with the New York State Uniform Code, the National Electric Code (NEC) and the National Fire Protection Association (NFPA).

BIPV systems integrated into existing buildings and structures are permitted accessory uses in zoning districts as indicated in the Use Table included at the end of this chapter and subject to any overlay district regulations set forth in Article IV.

BIPV systems integrated into newbuildings and structures, are subject to site plan or special permit approval in accordance with the underlying zoning and overlay district regulations.

Height: RMSES shall not exceed maximum height restrictions within the underlying zoning district and zoning overlay district and shall comply with the exceptions defined in § 121-30E(2).

Setback: Where RMSES are proposed for a principal or accessory structure that does not meet the setback requirement of the underlying zoning district and zoning overlay district, an application shall be made to the Zoning Board of Appeals for an area variance for the noncompliance to ensure there is no adverse impact to neighboring properties.

RMSES installations shall incorporate the following design requirements:

The applicant, prior to the installation of any RMSES, shall complete and provide to the Zoning/Code Enforcement Officer for review, approval and issuance of a building permit, the following:

Setback: GMSES are subject to setback requirements of the underlying zoning district, provided, however, that in zoning districts, and zoning overlay districts, which have a minimum lot size of five acres, a minimum setback of 100 feet from any property line is required.

Height: GMSES are restricted to a height of 12 feet from the ground under the solar panel to the highest point of the solar panel or racking structure whichever is greater.

Lot coverage: The total surface area of GMSES shall be included in lot coverage calculations and impervious coverage calculations. Lot coverage for GMSES shall comply with maximum impervious surface coverage of the underlying zoning district and zoning overlay district as set forth in the Dimensional Table included at the end of this chapter.

Screening: Any GMSES visible during leaf-off conditions, when viewed from the edge of an applicants property line shall be screened from adjacent properties and public rights-of-way by fencing; a landscape buffer, such as evergreen or deciduous plantings; or a combination thereof to minimize visual impact from the system to either public roads or neighboring properties. The screening shall be maintained at all times and shall be replaced as soon as practicable if damaged or destroyed for any reason. The Planning Board has the authority to take the physical characteristics of the site into consideration as it relates to view-shed and screening requirements.

Verification of utility notification: Each applicant shall submit a copy of their application to the public electrical utility. Foreseeable infrastructure upgrades shall be documented and submitted, and all materials shall be submitted to the Planning Board concurrent with application materials for site plan approval. All materials shall be subject to approval by the Planning Board. No building permit will be issued for a GMSES until such time as the electrical utility has verified its approval. Off-grid systems and systems designed to produce energy only for the site it is installed on, are exempt from this requirement.

GMSES shall be placed in such a way to balance the benefit to the property owner with adverse impacts to neighboring properties. The Planning Board has authority to increase the setback requirements where there is an adverse impact to neighboring properties.

All GMSES in residential and commercial districts shall be installed in the side yard or rear yard.

The application to the Town of Amenia Planning Board for site plan approval shall include all items set forth in § 121-65B of the Town of Amenia Zoning Code and the New York State unified residential solar photovoltaic permit application. All applications shall also include plans, acceptable to the consulting engineer for the Planning Board, showing the layout of the solar energy system. All equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.

Setback:

Height:

Minimum lot size:

Lot coverage:

Fencing:

Screening:

Tree removal plan:

Stormwater pollution prevention control plan (SWPPP):

Property operation and maintenance plan:

Design standards:

Signs:

Abandonment:

In addition to the above restrictions, the following requirements shall apply:

No solar energy systems may be installed on a farm operation in a certified agricultural district without the issuance of a building permit as required by the Uniform Code.

Roof-mounted solar energy systems are permitted accessory uses on farm operations in certified agricultural districts subject to the issuance of a building permit as required by the Uniform Code.

Ground-mounted solar energy systems that are considered to be on farm equipment in accordance with the guidance of the NYS Department of Agriculture and Markets are permitted with a limited site plan review. For purposes of this review the applicant shall provide:

Ground-mounted solar energy systems on farms that generate annual total amounts of electrical energy that exceed the annual electrical needs of the farm by 110% are not "on farm equipment" and are considered solar field systems to be regulated under Subsection I above.

Solar energy systems in certified agricultural districts should be located in such a manner to minimize impacts to the most productive agricultural soils on the property.