Buildings: 100 feet (except guard houses and entrance shelters).

Parking lots: 50 feet (may be reduced to 25 feet if adjacent to nonresidential zoning district).

Center lines of any golf tee, fairway or green: 100 feet.

Other recreational uses: 100 feet.

Swimming pool.

Waterpark.

Children's playgrounds.

Tennis and other game courts.

Game or recreation rooms, fitness center.

Rock climbing walls, ziplines, rope courses, miniature golf, golf course.

Other facilities approved by the Town Board.

No lot or parcel containing a passive adult use shall be located within 750 feet of any residential zoning district boundary or of any lot or parcel on which is located a residence or for which an application for land use or building permit approval of a residence was filed prior to the date of filing of a conditional use permit application for the adult use.

No lot or parcel containing a passive adult use shall be located within 750 feet of any lot or parcel on which is located a sensitive use.

No lot or parcel containing a passive adult use shall be located within 750 feet of any lot or parcel on which is located an adult use.

Major wireless communications facilities, if located on an alternative tower structure or existing tower, are permitted as a conditional use in the ORI Zoning District. Location of a major wireless communications facility on a proposed new tower is not permitted pursuant to this provision.

If the applicant demonstrates that there is no site as provided in Subsection D(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility, including a new tower, may be permitted as a conditional use in the ORI Zoning District.[2]

Service coverage map and report. The applicant shall submit a service coverage map which shows and describes all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall show the location and identify all existing sites in the Town and in bordering municipalities which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall show why the proposed communications tower, equipment and facility are necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by existing facilities, collocation, utilization of alternative technology or an alternative tower or other structure.

Long-range communications facilities plan. The applicant shall submit a facilities plan which shows that the proposed location of the communications facility and related buildings and equipment has been planned to result in the fewest number of communications transmission tower sites within the Town. The plan shall indicate how the applicant intends to provide service throughout the Town and how the applicant plans to coordinate with all other providers of wireless communications services in the Town. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related or other service area coverage and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and of tower(s) height, community intrusion impacts and visual and aesthetic impacts.

Community impacts. The applicant shall submit documentation which demonstrates that the proposed communications tower height and bulk is the minimum height and bulk necessary to provide licensed communications services to locations within the Town which the applicant is not able to serve with existing facilities. Such documentation shall include evidence that visual, aesthetic and community character impacts have been minimized to the greatest extent practicable.

Demonstration that shared use is impracticable. A conditional use permit may be authorized for a major wireless communications facility only if the applicant demonstrates that shared use of existing structures or sites is impractical. An applicant shall be required to present a report inventorying all existing structures within one-half mile of the proposed site which are at an elevation suitable as potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility as well as documentation of the physical, technical and/or financial reasons why shared usage is not feasible or practical in each case. The applicant's written request for shared use and the property owners' written responses shall be provided.

Commitment for future shared use. New wireless communications towers shall be designed to accommodate future shared demand for reception and transmitting facilities. The applicant shall submit to the Town Board an irrevocable letter of intent committing the owner of the proposed new tower and its successors in interest to permit future shared use of the proposed tower by other telecommunications providers. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the conditional use permit following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors in interest to the following:

NIER certification. A written certification shall be submitted, prepared by a qualified engineer and/or health physicist, which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission as of the day of application. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether those emissions were considered in determining compliance and the reasons why those emissions were or were not considered.

The applicant shall comply with all other requirements, standards and conditions set forth in the Zoning Code governing conditional use and site plan applications.

Visual impact assessment. Visual, aesthetic and community character impacts shall be minimized to the greatest extent practicable. The applicant shall submit the following:

Tower design. The applicant shall submit a report describing alternative tower designs, which includes lattice and monopole structures and other designs to minimize visual impacts. The Board may request a review of the tower design by a qualified engineer in order to evaluate the need for, and the design of, any new tower and potential alternatives. All designs to be considered shall be required to include, at a minimum, the following characteristics:

Fully engineered site plan. The applicant shall submit a site plan in accordance with § 235-55 and showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

Engineer's report.

Intermunicipal notification. In order to keep neighboring municipalities informed, to facilitate the consideration of shared use of existing tall structures in a neighboring municipality and to assist the continued development of communications for emergency services, the applicant shall provide the following additional notice of the application:

In order to protect the health, safety and welfare of children who may be injured by falling ice or debris, all wireless communications towers shall be a distance of not less than 350 feet from the nearest property line of a school, day-care center, camp, public park, playground, recreation area or other area where children congregate.

Wireless communications towers shall be located with a minimum setback from any property line equal to the height of the tower or the required setback in the zoning district, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the zoning district.

The lot size of major wireless communications facilities sites shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel.

Additional setbacks may be required by the Planning Board to contain on site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.

Landscaping. All facilities shall provide landscaping as follows:

Security and safety fencing. Security and safety fencing shall be located around all communications towers, equipment and related facilities to prevent unauthorized access. Access to all structures shall be through a locked gate or locked principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anti-climbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:

Coloring and marking. Unless otherwise required by the FAA or FCC, all communications facilities, including antenna and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided that such coloring, camouflage and/or shielding does not inhibit their effectiveness. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appurtenances shall generally have a galvanized finish and shall be painted gray or blue gray, or some other finish or color that is shown to be visually unobtrusive.

Signals and lights. No antenna or tower shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide to the Board any legal authority which requires lighting. If lighting is required, the lighting shall be such as to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be the minimum necessary and shall be properly shielded to prevent light emission and glare onto adjacent properties.

Signage. No signs, including advertising signs, shall be permitted on any antenna, communications tower, antenna tower or monopole, or antenna support structure, except as follows:

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no 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.

Parking. Parking shall be provided on-site in an amount determined by the Board based upon recommendation from the applicant. No parking shall be located in any required front yard.

An application for site plan approval of a minor wireless communications facility shall include the following:

The Planning Board may waive any of the above requirements if it is demonstrated by the applicant that under the facts and circumstances the submission of such documentation would cause an unnecessary and undue hardship. The reason(s) for any such waiver shall be stated in writing.

The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure that the health, safety and welfare of the community is adequately protected.

Any antenna, communications facility, communications tower, antenna tower or monopole, including any supporting structure and related appurtenances, and any accessory building, structure or facilities, or part thereof, which is not used for six months, including a noncontinuous but cumulative period of six months, in any twelve-month period shall be removed by the property owner or the operator of said facility and the property restored, at their sole cost and expense.

An extension of an additional six months may be granted by the Planning Board upon submittal of a written request for said extension, including proof as determined reasonable by the Planning Board that the owner is actively engaged in the marketing of the property for sale or rent.

In the event that the communications facility, tower, antenna(s) and/or related facilities are not removed as herein required, the Town, after notice and opportunity for the owner and operator to be heard, may cause any or all such facilities to be removed and the property restored. The total cost of such removal and restoration, including but not limited to removal and disposal costs and engineering, attorney and employee expenses, if not paid, shall be assessed against the property and collected in the same manner as real property taxes.

The current operator of any communications facility or communications tower, antenna or monopole in lawful existence at the time of adoption of this section shall be permitted to remain in operation, provided that the operator submits proof within six months of said adoption that a valid building permit(s) was issued for the facility, that the facility complies with current emission standards as promulgated or recommended by the FCC and that the facility meets the security requirements of this section.

Any lawful nonconforming communications facility or communications tower shall be permitted to remain until such time as the use, facility or structure is altered, at which time compliance with this section shall be required.

Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section and shall be immediately removed thereafter. If the facility is not removed, then the Town may cause removal in the manner set forth in Subsection G(1) above.

Accessory to the single-family detached residential dwelling unit. Subject to the review and approvals set forth herein, an accessory apartment is allowed in any zoning district that permits a single-family detached dwelling unit as an as-of-right permitted use.

Compliance with district regulations. The lot on which the proposed accessory apartment is to be located shall at the time of application for any such accessory apartment meet all the bulk requirements applicable to a single-family detached residential dwelling unit as set forth in the Table of Bulk Requirements, for the zoning district in which it is located, and an accessory apartment shall not be permitted on any lot less than 20,000 square feet in size.

Dwelling size. The minimum habitable floor area for an accessory apartment shall be 300 square feet of contiguous gross floor area, but in no case shall such accessory apartment exceed 25% of the existing gross floor area of the single-family detached residential dwelling unit where it is to be located or 750 square feet of gross floor area, whichever is less. Any application that proposes an accessory apartment that exceeds the maximum gross floor area requirement shall be deemed to convert a single-family detached dwelling into a two-family residential dwelling unit which shall require a use variance. An accessory apartment unit shall be located in the principal dwelling, provided that such principal dwelling contains a minimum of 1,500 square feet of gross floor area and conforms with all other requirements of this Zoning Chapter as well as Town Code and all other applicable laws, rules and regulations. The applicant shall submit a floor plan to scale of the single-family detached residential dwelling unit that illustrates the space within which the accessory apartment will be created. No accessory apartment shall be considered "accessory" where such apartment occupies a greater area of a lot or larger setbacks or yards or for which greater restrictions than for the principal use on the lot are imposed by this section. The Planning Board is not permitted to vary, waive or modify this requirement.

Existing single-family detached dwelling unit. The principal single-family detached dwelling unit within which the accessory apartment is proposed to be created shall have been lawfully constructed and used as a single-family detached dwelling unit continuously for at least 10 years prior to the date that an application is made for the approval of an accessory apartment. Evidence of such use shall include the date of a duly issued certificate of occupancy for the single-family detached dwelling or other evidence of use that the Planning Board or the Town finds necessary to establish that the single-family detached dwelling unit has been lawfully established and maintained continuously for at least 10 years as set forth herein. The Planning Board may waive the ten-year requirement upon an evidentiary showing by the applicant establishing that the accessory apartment will enable the owner occupying the principal single-family detached residential dwelling unit to provide care for and elderly or disabled family member or other person for whom the primary owner-occupant must provide continued care requiring the close and continued presence of the owner-occupant.

Owner occupancy required. The principal single-family detached dwelling wherein the accessory apartment is to be located must be occupied, at the time of application and at all times thereafter while the accessory apartment is approved as the principal domicile of the record owner of title. Ownership shall be evidenced by a deed recorded in the office of the Clerk of the County of Orange. Evidence that the dwelling is occupied as the principal domicile of the record owner shall be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish domicile for purposes of voting. It shall be a condition of every certificate of occupancy issued for an accessory apartment that occupancy of such dwelling unit is valid only while the unit is located in an owner-occupied single-family detached dwelling, and the certificate of occupancy shall prominently display in bold print a statement that occupancy of such accessory apartment is not lawful and valid unless the single-family dwelling is owner-occupied as well as fully meeting all legal requirements herein as well as other laws, rules, and regulations. In the event a certificate of occupancy is issued without such statement, the accessory apartment use shall not be deemed lawful. Nothing herein shall permit the establishment of separate ownership, e.g., condominium, of either dwelling unit.

Occupancy of the accessory apartment shall be limited to family members of an owner-occupant of the principal dwelling unit and shall be limited to no more than two individuals.

Maximum number of accessory apartments. There shall be no more than one accessory apartment in any single-family detached dwelling and no more than one accessory apartment shall be located on any lot.

The accessory apartment shall comply with all applicable requirements of the New York Stale Uniform Fire Prevention and Building Code and shall be maintained in a neat and orderly manner. A carbon monoxide detector shall be installed in the accessory apartment and maintained in good operating condition for the life of the apartment. An accessory apartment shall not be permitted in a cellar.

Off-street parking shall be provided on the following basis: one parking space for the accessory apartment. The parking spaces shall be provided with a backup or turnaround area so that cars which park in the parking spaces are not required to back out into the street. The backup or turnaround area shall not be construed as nor used as a legal parking space for anyone other than the accessory apartment occupant.

No use shall be permitted accessory or otherwise to an accessory apartment.

Each dwelling unit in the structure shall contain its own separate and independent bathroom and kitchen entirely located within each dwelling unit. The accessory apartment shall contain no more than one bedroom and no other space shall, in the determination of the Planning Board, be so configured that it could be used as a second bedroom (e.g., a den, a sewing room, etc.).

No exterior changes, appearance or expansion, which may alter its existing foundation existing roofline, or existing façade, shall be made to the principal single-family detached dwelling except for the installation of an entrance to serve the accessory apartment. The structure in which the accessory apartment is located shall have only one front entrance and only one entrance from any other facade of the structure for the accessory apartment. An exterior entrance leading to a foyer with interior entrances leading from the foyer to the dwelling units will be acceptable to comply with this requirement.

Lot coverage. The Planning Board may allow an increase in lot coverage to create the minimum required parking spaces, or to construct a sidewalk to the entrance of the accessory apartment. Notwithstanding the foregoing, the maximum lot coverage for the single-family detached residential dwelling unit applicable to the zoning district within which it is located shall not be exceeded.

The accessory apartment may be in a zone that is serviced by either an on-site septic system or central sewage facility, and by an individual well or central water facility. Adequate water supply and sewage disposal facilities shall be available as certified by a New York State licensed professional engineer, except such certification is not required if the building is connected to public water and municipal sewer services. The adequacy of the water and sewer facilities must be demonstrated to the satisfaction of the Town Engineer during accessory apartment permit review.

In addition to the above standards, the Planning Board shall grant such application and issue conditional use approval only after determining that the issuance of such accessory apartment permit will not adversely impact adjoining properties and the general surrounding neighborhood where the accessory apartment is proposed to be located. In the event that the Planning Board determines a proposed accessory apartment may adversely impact adjoining properties or the surrounding neighborhood, it may, as a condition of approving a permit, require that the applicant establishes and maintains landscaping or fencing, or other mitigation measures as required by the Planning Board, where necessary, to avoid such adverse effects.

It shall be a condition of any approval, whether or not specifically incorporated therein, that:

[f the Building Inspector determines at any time prior to renewal that the use has not been maintained in accordance with the requirements herein or any applicable conditions of approval, the Building Inspector shall give notice of such determination to the record owner by certified mail, return receipt requested, at the address set forth in the Town tax assessment roll. The Planning Board shall approve, disapprove, or approve with conditions the renewal. The Planning Board shall consider the Building Inspector's findings in evaluating whether to renew the accessory apartment permit, and if it determines that it intends to deny such renewal or to impose additional conditions on such renewal, the Planning Board shall give written notice of its intent to the record owner at the most-recent address shown on the tax roll of the Town, and provide an opportunity for the record owner to be heard on the matter, and shall consider any evidence submitted by the record owner in support of the renewal. The Planning Board shall thereafter approve, approve with conditions or deny the accessory apartment conditional use permit application, stating the reasons for its decision.

Effect of denial of renewal. The Planning Board shall direct that the accessory apartment created pursuant to this section be vacated, its use as an accessory apartment created pursuant to this section be discontinued, and that any kitchen installation or improvements, including any sink, stove and/or refrigerator, be removed.

Certificate of occupancy. The certificate of occupancy shall bear the name of the occupant of the accessory apartment, the owner which has been granted the conditional use permit for an accessory apartment, and the date on which permit must be renewed by.

The applicant shall execute and file with the Town Clerk security in a form acceptable to the Town Attorney and Town Board, and in an amount sufficient to pay for the costs and expenses of removal of the solar energy system and related equipment and structures and restoration of the site. The amount is subject to approval by the Planning Board's professional engineer and the Planning Board. The security may be in the form of cash, letter of credit or another instrument acceptable to the Town Attorney and the Town Board, or a combination thereof. The security shall remain in full force and effect until all solar energy system equipment, structures, and materials have been properly removed and site restoration is complete.

The amount of the security shall be sufficient, during the first five years of operation, to cover at least the projected costs to deconstruct and dispose of all equipment, structures and materials related to the solar energy system; projected costs to restore the site; and all projected fees, costs and expenses estimated to be incurred by the Town to administer and enforce the decommissioning process. Such amount shall be re-evaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses as a condition to continued operation of the system.

If the amount of the security does not fully cover such fees, costs and expenses ("costs") or if the Town cannot reasonably recover adequate proceeds of the security, then the owner and operator of the solar energy system and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered. In addition, the Town may assess such costs against the property, which assessment shall constitute a lien on the property, and which amount may be collected in the same manner as real property taxes.

Equipment and parts maintenance. All equipment, parts and items of any kind appurtenant to the maintenance or operation of the solar energy system shall be contained in a secure building. Damaged or unused equipment and parts shall be removed from the premises within 30 calendar days.

Ownership changes. If the owner or operator of the solar energy system changes or if the owner of the property changes, the conditional use permit shall remain in effect, and all requirements of the Town Code and all conditions and requirements of the conditional use permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 235-45.7. A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator as a condition of continued operation of the solar energy system.

Modifications. Any and all modifications, additions or deletions to the solar energy system, whether structural or not, shall be subject to prior site plan review and approval by the Planning Board, except that routine repairs and maintenance, as determined by the Town Code Enforcement Officer, shall not be subject to Planning Board review.