Purpose. The purpose of this overlay is to protect the quality of habitats, underlying aquifer, scenic vistas, and open space of the Neversink River. To this end, these regulations apply to all lands within the overlay. These regulations further protect the ecological systems associated with the river. It is well established that impervious surfaces collect and accumulate pollutants deposited from the atmosphere, leaked from vehicles or derived from other sources. During storms, accumulated pollutants are quickly washed off and rapidly delivered to surface water systems through stormwater runoff. Further, the Neversink River is utilized by the bald eagle and other species, and land disturbances in close proximity to the river will degrade habitat for these species. In order to protect the Neversink River, the following standards shall apply to any lot within the Neversink River Overlay District to protect the values of this resource.

Applicability. The Neversink River Overlay boundary is defined as within 300 feet, horizontal distance, of the normal high-water line of the river, or the extent of the one-hundred-year AE or A zones as designated by the Federal Emergency Management Agency Flood Insurance Rate Maps, as amended, whichever is greater. These regulations apply to any development application, wholly or partially located within the overlay area, that requires site plan, special use permit, or subdivision approval of the Planning Board. These regulations shall limit the total maximum lot coverage of any property within the Overlay District. The total lot coverage shall be the percentage of the lot area within the overlay that is occupied by the area of buildings, structures and all impermeable and/or compacted surfaces, including but not limited to roads, parking lots, access and circulation drives that may be or are proposed to be located on any lot. The maximum lot coverage shall apply to the cumulative impervious surfaces shown on any site or subdivision plan, including roads.

Limitation on impervious surface coverage. The maximum lot coverage of any property within the Overlay District shall be 10%.

Conditions. The Planning Board shall attach conditions to its approval as it deems necessary to achieve the objectives of the Overlay District. It shall require applicable notes on any map, site plan or subdivision plan. Such conditions may include the following:

Overlay zoning district boundary. Shall consist of the following Tax Map parcels: Tax Map Parcels 25-1-11; 25-1-13; 29-1-3; 6-1-7; 6-1-8; 6-1-9.1; 6-1-9.2; 6-1-11; and 6-1-14.

Separation from other uses. Because adult-oriented businesses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult-oriented business, accentuate the negative impacts on the area. Adult-oriented businesses therefore shall not be located within 300 feet of any residence, residential facility, institution, health facility, child-care center, church, synagogue, school, public or semipublic use, park or recreation facility, cemetery, or any other establishment which sells alcoholic beverages. This distance shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult-oriented business to the nearest property line of the premises incorporating any of the above-listed uses.

Sale of alcoholic beverages shall not be permitted at an adult-oriented business.

No exterior display or interior display which is visible from outside the business shall be made to identify or portray the type of activity which occurs at an adult-oriented business excepting for one approved ground sign not to exceed a surface area of 36 square feet for both sides combined. Such sign shall be subject to all other limitations applicable to signs. It shall not incorporate any obscene material but shall otherwise be unlimited as to message.

No nonconforming building or lot shall be used for an adult-oriented business. No other existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult-oriented business unless application to do so has been made pursuant to this section and Planning Board approval.

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

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

Overlay Zoning District Boundary. The State-Designated Agricultural District Overlay shall consist of those parcels designated as part of Sullivan County Agricultural District Number 4, pursuant to the New York Agricultural Districts Law, Article 25-QQ of the Agriculture and Markets Law, as certified on October 15, 2015, or as amended.

The use and bulk standards of the underlying Agricultural Zoning District shall apply.

State Agriculture and Markets Law and regulations apply. The right to farm protections of the Agricultural Districts Law found in Article 25AA, including §§ 303, 305 and 308, and any regulations pursuant thereto, shall control within the State-Designated Agricultural District Overlay, and shall supersede any conflicting provisions of this Zoning Chapter.