La Grange City Zoning Code
ARTICLE VI
Supplemental Regulations: Nonresidential
§ 240-61 Veterinary clinics and commercial kennels.
Commercial kennels and veterinary clinics shall be permitted in residential zones only upon compliance with the following additional regulations:
A.
The minimum acreage of lot involved shall not be less than 10 acres in residential zones.
B.
Work spaces, runs, pens or other facilities shall be located within a completely enclosed, soundproof building, and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such facility shall assure a buffer zone sufficient to prevent any increase in the average preexisting background noise levels on the site.
C.
All such quarters shall at all times be maintained in a sanitary condition.
§ 240-62 Boarding stables and horse riding school.
A special permit may be granted for the establishment of a boarding stable or commercial riding school in those districts where it is a special or permitted use. Such establishments may be used for the boarding and training of horses when the following conditions are met:
A.
The minimum lot size shall be 10 acres.
B.
The use of the property shall be limited to the keeping of one horse per each three acres of lot area.
C.
No building in which animals are housed, riding ring, corral or manure storage area shall be located within 100 feet of any lot line or street right-of-way.
D.
No horses shall be housed in any buildings used as a residence.
E.
Front, rear and side yard areas shall be landscaped and screening provided, where necessary, to harmonize with the character of the neighborhood.
§ 240-63 Cemeteries.
New cemeteries shall be subject to the following regulations:
A.
Cemeteries shall have a minimum of 10 acres.
B.
No interment shall take place within 75 feet of any street right-of-way or property. Such seventy-five-foot buffer area shall be suitably landscaped as to screen the cemetery from view insofar as is practicable.
C.
All cemeteries shall be subject to site plan approval.
§ 240-64 Residential health-care facilities, adult homes and group homes (long-term-care facilities).
A.
Off-street parking and loading shall be provided as required by § 240-42. Parking requirements may be increased depending upon the needs of each particular use. Such parking areas shall be permanently improved, shall be located only in the side or rear yards, and shall be set back at least 50 feet from any boundary that abuts a residence district and at least 10 feet in all other cases.
B.
No structure shall be within 150 feet of any property line.
C.
The entire site, except for areas covered by buildings, parking and loading areas and walks shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use.
D.
Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walkways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets.
E.
No more than one dwelling shall be permitted in the facilities. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the appropriate off-street parking requirements.
§ 240-65 Automotive repair and gasoline filling stations.
Gasoline filling stations and establishments for motor vehicle repairing shall conform to the following special standards:
A.
The lot on which a gasoline filling station is located shall have an area of not less than 20,000 square feet and a frontage of not less than 150 feet on a street right-of-way line.
B.
All pumps and lubricating and other dispensing devices shall not extend within less than 50 feet of any property line, 40 feet of any street right-of-way line, nor 20 feet of any building on the lot.
C.
All motor fuel shall be stored in underground tanks, and such tanks shall be located not less than 35 feet from any property line or street right-of-way line. Facilities shall be provided to prevent corrosion of underground tanks and piping in order to prevent release of flammable substances. Plans for such corrosion control facilities shall be prepared by a competent corrosion engineer, and the details of such plans shall be included with the site plan. All vents and fill pipes for underground storage tanks shall be located at least 20 feet from any building.
[Amended 5-23-2018 by L.L. No. 6-2018]
D.
Outdoor storage and display of accessories may be permitted in areas where they do not constitute a safety hazard to pedestrians or vehicles entering or leaving the filling station. There shall be no display or storage of motor vehicles, trailers, boats or farm equipment unless permitted in the district and approved by the Planning Board.
E.
Adjacent to residential districts (RFD, RMD, RLD and TCR), the area required for setback from a property line shall be provided with fences, walls, embankments or evergreen shrubs or trees, to a height of at least six feet, so as to screen the filling station from adjoining property.
[Amended 9-10-2014 by L.L. No. 4-2014]
F.
All repair work, lubricating work and service work shall be performed indoors. All vehicles awaiting repair shall be stored indoors or within a screen enclosure conforming to the setback required for buildings.
G.
No filling station shall be located within 500 feet of the property line of any school, playground, place of public assembly, surface water, drainage channel, or environmentally sensitive area such as wetlands or aquifer recharge areas. No site plan shall be approved unless the Planning Board finds that the proposal contains adequate safeguards to prevent pollution of surface water or groundwater.
[Amended 5-23-2018 by L.L. No. 6-2018]
§ 240-66 Garage sales and temporary permits.
A.
Garage sales are allowed without special permit, provided that they meet the following standards:
(1)
Sales last no longer than three days.
(2)
Sales are held no more than twice yearly.
(3)
Sales are conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one of the participants.
(4)
No goods purchased for resale may be offered for sale.
(5)
No consignment goods may be offered for sale.
B.
Nothing in these regulations shall prevent a church, school, civic association or similar nonprofit organization from holding a fair, carnival, circus, horse show or similar event, for a period not exceeding 14 days, upon its premises, the profit of which is for the sole benefit of said applicant. Upon request, the Town Board may issue a permit to such organization located in the Town to hold such an event upon premises other than those of the applicant.
§ 240-67 Mining activity land reclamation.
A.
Applicability. The excavation or removal from any lot of earth, loam, topsoil, sand, gravel, clay, or stone (hereinafter "mining activity") is prohibited unless the following conditions precedent have been satisfied:
(1)
The site of such activity is situated where such use is permitted by this chapter;
(2)
A permit for such activity has been issued by the New York State Department of Environmental Conservation pursuant to the Mined Land Reclamation Law (Environmental Conservation Law, Article 23, Title 27), if applicable; and
(3)
The Town Board has approved a reclamation plan for the land affected by the proposed mining activity, and a performance bond, hereunder.
B.
Exemptions. Excavation or removal in the following cases is not subject to the limitations of this section, and no reclamation plan approval from the Town Board is required in such cases:
(1)
Landscaping operations in which topsoil is removed from one part of the property and deposited on another part of the same property, provided that it is replaced with a cover of earth in which the vegetable matter may take root and grow and is seeded with grass, permanent pasture mixture or other fast-growing vegetation, repeatedly as necessary until the growth is established.
(2)
The excavation of topsoil and other natural resources from within the limits of the right-of-way or slope rights of any Town, county or state highway or for the sole purpose of building roads and slopes incidental thereto which lie within the area of a subdivision approved by the Planning Board of the Town of LaGrange are on file in the County Clerk's office in Dutchess County, New York.
(3)
The improvement of a single lot or parcel of land in connection with construction of a dwelling, multiple dwelling, building or any other structure or structures for which a building permit has been issued, or in connection with agricultural land improvements such as farm ponds and soil conservation measures, provided that such improvement conforms to the following standards and conditions:
(a)
Final slopes shall be finished at a grade no greater than the natural angle of repose, except where supported by a retaining wall or foundation.
(b)
Any lakes or ponds that are created shall have a sufficient depth and inflow of water to prevent eutrophication and to prevent their becoming stagnant in dry periods.
(c)
Topsoil may be disturbed and relocated in connection with any permitted excavation but shall be replaced with earth in which vegetable matter may take root and grow and shall be seeded with grass, permanent pasture mixture or other fast-growing vegetation, repeatedly as necessary until the growth is established.
(d)
Topsoil or other natural resources that are excavated to permit the improvement of property may be removed from the property, provided that the amount to be removed is only that in excess of that needed to be reused on the site of the improvement and provided that this amount is specified in the building permit for such improvement.
(e)
There shall be no processing of excavated materials by a rock crusher or similar equipment on the premises.
(f)
Any regrading, removal or excavation that is permitted under these provisions of exception, subject to the issuance of a building permit, shall be completed within one year of the date of issuance of said permit.
(g)
In the event that the construction of improvements for which preparatory excavation is performed does not commence within six months of the commencement of such excavation, the permittee shall be required to immediately begin reclamation operations to restore the land to a condition that will minimize erosion and any unsightly conditions.
(4)
The above provisions notwithstanding, excavation and removal shall be limited to not more than 100 cubic yards of material from each 40,000 square feet of lot area, in any calendar year, and not more than 600 cubic yards of material may be removed on any parcel in any calendar year.
C.
Procedure.
(1)
Any application for reclamation plan approval of the Town Board should be filed simultaneously with an application to the Department of Environmental Conservation pursuant to Article 23, Title 27, of the Environmental Conservation Law or upon the effective date of this section, whichever is later.
(3)
To assure maximum public involvement in the process, an applicant must provide proof of actual notice of its application to all residents within 1,200 feet of a proposed excavation site.
D.
Required information to be submitted.
(1)
A complete copy of all application materials submitted to the Department of Environmental Conservation pursuant to Article 23, Title 27, of the Environmental Conservation Law, as well as the following:
(a)
The names and addresses of all directors and corporate officers of the applicant;
(b)
The location of the mine;
(c)
The commercial name and general geologic description of the mineral to be mined;
(d)
The number of acres of affected land;
(e)
Information relative to any past revocation of a New York State mining permit or bond forfeiture in connection with such permits;
(f)
The locations of excavations, treatment facilities, settling ponds and washing plants, spoil banks, mineral storage areas, stockpiles of overburden and topsoil, haulageways, drainage, water impoundments and other information provided in a mined land use plan;
(g)
The proposed reclamation method, including type, schedule, cost, and land-use planning as related to the applicant's reclamation plan; and
(h)
The number of tons of raw material to be mined.
(2)
Such other information as the Town Board may require to assure adequate review under this section, including, but not limited to, the following:
(a)
Roads or streets: name, width of ROW, and road.
(b)
Easements: widths, and identify utility or other purpose.
(c)
Natural land features: locations of watercourses and drainageways, floods of record, sinks, basins and wooded areas; contours, both existing and proposed, at two-foot intervals, unless the Planning Board deems a larger interval to be adequate.
(d)
Man-made features: buildings and other structures, dams, impoundments of water, and haulageways.
(e)
Adjacent land features: all of the standards above shall apply to delineation of the area within 300 feet of the perimeter of the area to be mined. All residences and businesses and names of landowners within 1,000 feet of the area to be mined shall also be shown.
(f)
Water table elevation.
(g)
Location of any proposed roads within the reclaimed area and their connection to present public roads beyond.
(h)
Location of any lakes, ponds, or streams proposed within the reclaimed area and their connections to streams or drainageways.
(i)
Soil types and descriptions of the mineral resource proposed to be excavated.
(j)
A stormwater pollution prevention plan consistent with the requirements of Town of LaGrange Town Code Chapter 197.
[Amended 10-24-2007 by L.L. No. 4-2007]
(k)
Sufficient information concerning the material being extracted and any chemicals or other materials used during the excavation or processing operation to determine if a potential environmental problem exists to be addressed by reclamation.
(l)
Sufficient information on traffic flow to determine probable impacts on traffic of any reclamation operation, including but not limited to access points (sight distance and location), conditions of area roads, probable or possible truck routes to construction sites, road grades, truck weights and the capacity of roads to carry those weights.
(3)
The planned use of the reclaimed land, including, but not limited to, a proposed final site plan showing all landscaping.
E.
Standards for reclamation.
[Amended 10-24-2007 by L.L. No. 4-2007]
(1)
The final slope of any excavated material shall not exceed the normal angle of repose of such material as determined by the Town Engineer, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support. Slope requirements shall take into consideration impacts on residential and commercial areas, but in no case shall a slope be greater than one-foot vertical rise to three feet of horizontal distance. An exception may be granted for vertical rock faces.
(2)
Any topsoil that is stripped from the surface of the site in order to excavate subsoils shall be stockpiled for later use in re-establishing vegetation on the site. Topsoil shall be spread over the excavated area to a minimum depth of six inches. The Town Engineer and/or other consultant may require that additional topsoil or fill be brought to the excavation site in order to provide adequate topsoil depth for seeding and stabilization of the area to prevent erosion.
(3)
Every precaution shall be taken to prevent soil erosion at its source, with the following standards being applied:
(a)
As excavation is completed of each area, or phase indicated in the application, the land shall be brought to grades not exceeding the normal angle of repose of the material.
(c)
Determination of areas most subject to the effects of erosion shall be made by the Town Engineer and/or other consultant. Excavated areas shall be planted with whatever vegetation, in the judgment of the Town, is best suited to the soil conditions. Plantings may consist of materials ranging from grasses to tree species used in reforestation. Seeding and/or plantings shall be repeated as necessary until the area is stabilized. Any exposed soils in areas that no further disturbance or construction activities will occur for 21 days shall be stabilized by a temporary or permanent seed mix within 10 days.
F.
Performance bond.
(1)
Before issuance of any approval for any activity subject to reclamation plan review under this section, the Town Board shall require that a performance bond be filed by the applicant with the Town Clerk. This bond shall be secured by a letter of credit or surety bond in favor of the Town in the amount of at least $2,000 per acre of approved mining area. All bond amounts shall be calculated by the Town Engineer, who shall report said recommendations to the Town Board.
(2)
The bond shall be conditioned that any affected land shall be restored in conformity with the approved reclamation plan and the standards set forth by this section.
(3)
In the event of default in compliance with the reclamation plan or the terms of this section, the letter of credit or surety bond shall be forfeited to the Town.
(4)
The Town shall return to the operator any bonded amount that is not needed to cover the expenses of restoration, administration and any other expenses reasonably incurred by the Town as a result of the applicant's failure to comply with the terms of the reclamation plan of this section.
(5)
Said bond shall continue in full force and effect until a certificate of compliance releasing the bond shall have been issued by the Town Zoning Administrator.
(6)
Said bond shall also provide that the time for compliance with any plan of restoration shall be deemed to be accelerated and shall terminate one year after the date of revocation of any mining permit issued by the DEC pursuant to the provisions of the Mined Land Reclamation Law.[2] The Town Board is empowered to extend the terms of the bond beyond the accelerated event for good cause.
[2]
Editor's Note: See Environmental Conservatioin Law § 23-2701 et seq.
(7)
In the event of a proposed transfer of a reclamation permit, the Town Board shall require the filing of a certificate from the surety company issuing the bond then in effect, continuing the same bond as to the new permit holder or certifying that a new bond has been issued. In the absence of such certificate, no transfer of a permit will be allowed.
(8)
The required bond amount pursuant to this subsection shall be reviewed on a yearly basis to assure that a fair and reasonable bond is available to the Town should any default in performance of the requirements of the permit or this section occur.
(9)
At its discretion, the Town may accept cash or certified check, negotiable bonds of the United States government, United States Treasury notes, United States Treasury certificates of indebtedness, United States Treasury bills, bonds or notes of the State of New York, bonds of any political subdivision in the agency or of other New York State agencies or authorities, or bonds of public corporations of the State of New York, and irrevocable bank letter of credit, a certificate of deposit, or other forms of financial security acceptable to the Town. Acceptable substitutes, if furnished, shall be kept on deposit with the Town Clerk for the duration of the bond period. Any cash received pursuant to this section shall be maintained in an interest-bearing account, which interest shall accumulate during the life of the account and shall be refunded to the depositor when the cash is refunded.
(10)
The Town Board may waive part or all of the performance bond amounts and requirements hereunder to the extent that it determines that any reclamation bond required by the Department of Environmental Conservation will adequately safeguard the Town's interest in proper operation and reclamation of the site.
G.
Insurance. After approval of the application and before issuance of reclamation plan approval, the applicant shall present to the Town certificates of insurance evidencing liability insurance coverage. The minimum acceptable liability coverage for any reclamation operation shall be $2,000,000. The liability coverage shall be maintained throughout the period of reclamation activity. The certificates of insurance shall provide for a thirty-day minimum notice period to the Town before cancellation of coverage.
H.
Permit fees and monitoring and inspection charges.
(1)
The operator shall be responsible for payment of any reasonable fees necessary for review by the Town or any consultant retained by the Town of any new reclamation plan. Such fees shall be paid prior to issuance of any permit pursuant to this section.
(2)
The operator shall be responsible for payment of any reasonable fees necessary for inspection, monitoring and maintaining the reclamation status of the lands subject to this section by the Town or an expert retained by the Town. The inspection fee shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board. Such fees shall be paid within 30 days of the date when billed.
[Amended 7-22-2009 by L.L. No. 2-2009]
(3)
The Town Board shall annually review the status of fees pursuant to this subsection and shall adjust the charges to reflect the costs and expenditures of the Town.
I.
Right of inspection and enforcement.
(1)
In order that the Town of LaGrange be in an assured position to enforce the provisions of this section and to assure that completed reclamation meets the requirements of this section and the applicable permit, and other applicable ordinances or laws of the Town, as a condition of being granted a permit pursuant to this section, the applicant grants to the Town of LaGrange, its officers, employees, and any official reclamation advisory body a license to determine that the provisions of this section and the applicable permit are being fulfilled.
(2)
In addition, as a condition of any permit received by any applicant pursuant to this section, the applicant grants to the Town of LaGrange, its officers, employees, and any official reclamation advisory body a license to enter upon the premises subject to the permit to determine that any necessary restoration has been performed pursuant to the terms of the permit and this section.
(3)
Any entry by the Town of LaGrange, its officers, employees, or any official reclamation advisory body shall be made following reasonable notice to the operator.
§ 240-68 Farm stands.
Farm stands shall be limited to the display and sale of products of a customary farm operation on the same premises; provided, however, that products grown on another premises by such farm operation may be included. If such farm stand exceeds 200 square feet in area, the stand shall be considered an additional use for which a certificate of occupancy is required.
§ 240-69 Adult-oriented business.
A.
Intent. The purpose of this section is to regulate without prohibiting, but also to prevent the proliferation of, adult-oriented businesses for purposes of minimizing harmful secondary effects associated with such uses, as opposed to regulating the content or expression associated with such uses. The Town Board finds that potential secondary effects that may arise as a result of the proliferation of adult-oriented businesses include reduction in property values, increase in crime, and alteration of community character and quality of life. Accordingly, this section is enacted to protect and preserve the quality and character of the Town's neighborhoods and its commercial districts by, among other things, discouraging crime and maintaining property values. In formulating this regulation, the Town Board has reviewed, considered and found persuasive various secondary effect analyses prepared by similarly situated municipalities in this state, and the Board has considered the secondary effects on the Town of LaGrange itself.
B. ADULT BOOKSTORE OR VIDEO STORE ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT MOTION-PICTURE THEATER ADULT-ORIENTED BUSINESS(1) (2) MASSAGE ESTABLISHMENT NUDE PEEP SHOW PUBLIC FACILITY SCHOOL SPECIFIED ANATOMIC AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. The following definitions shall apply exclusively to the provisions of this section:
Any person, establishment or business, whether retail or wholesale, having a significant or substantial stock-in-trade of recordings, books, magazines, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomic areas" as defined in this section.
A public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainment, either on a regular or sporadic basis, and which establishment is customarily open to the public generally but excludes any minor by reason of age.
A motel which is open to the public generally but which:
An enclosed or unenclosed building or structure or portion thereof used for presenting materials distinguished or characterized by primary emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons.
Any establishment, including but not limited to bars, nightclubs, dance halls, adult bookstores or video stores, adult motion-picture theaters, adult entertainment cabarets, peep shows, massage establishments, adult motels, or similar adult entertainment establishments, where:
There is performed live entertainment and/or other services which are intended to provide sexual stimulation or gratification and which are characterized by fondling or other erotic touching of the genitals, pubic region, buttocks or female breast and/or showing, for observation by patrons, any portion of the genitals, pubic area, buttocks or that portion of the female breast referred to as the "areola" or "nipple," including any other live entertainment which must by law restrict access to exclude minors given the sexually explicit nature of the business or material that is conducted.
Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York nor barbershops or beauty salons in which massages are administered. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
Any person insufficiently clothed in any manner so that any region of the genitals, pubic region, buttocks or that portion of the female breast referred to as the "areola" or "nipple" is not entirely covered with a fully opaque covering.
Any establishment that presents material in the form of live shows, films or videotapes, which material is distinguished or characterized by an emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomic areas" and that are viewed from an individual machine or enclosure for which a fee or admission is charged.
Any facility, owned by a public governmental entity, that is generally open to the public without restriction, such as governmental offices and courthouses, libraries, public hospitals, animal shelters, community centers, etc.
Any facility, public or private, that offers classes or provides other educational services for minors, including day-care centers.
Any uncovered or exposed human genitals, pubic region or pubic hair; buttock; female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.
Any act of masturbation, fellatio, sodomy, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
C.
Location.
(1)
Adult-oriented businesses shall be allowable only within the Industrial District subject to the review and issuance of a special permit by the Planning Board in accordance with both the special standards set forth within Subsection D of this section, as well as the generally prevailing procedures and standards governing the review of applications for special permits set forth within Article VII of this chapter.
(2)
No adult-oriented business shall be permitted:
(a)
Within 500 feet of any other adult-oriented business.
(b)
Within 350 feet of the boundary of a zoning district that permits residential dwellings as a principal use.
(c)
Within 500 feet of the property line of a school, house of worship, public park, public or private recreation facility, community center or other public facility, designated historic district or historic landmark or site, or designated urban renewal area.
(3)
Not more than one activity constituting an adult-oriented business shall be permitted within a single building or on a single lot.
(4)
No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential uses.
(5)
No person under the age of 18 years old shall be permitted into the premises of an adult-oriented business.
(6)
No adult-oriented business shall exceed 5,000 square feet in total floor area and cellar space not used for enclosed storage or mechanical equipment.
(7)
No unenclosed adult motion-picture theater shall have its film display visible from beyond the boundaries of the site, and suitable landscaping shall be employed to effect that standard.
D.
No adult-oriented business shall be established until the issuance of a special use permit by the Planning Board, and the issuance of such permits shall be subject to the following special standards:
(1)
Adult-oriented businesses shall be a minimum of 50 feet from the property line of any nonconforming residential uses and shall be properly screened, through the use of fences, walls, landscaping or other measures, from adjacent structures.
(2)
The exterior appearance of any building containing an adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
(3)
Adult-oriented businesses shall conform with all existing applicable sign regulations, in addition to the following specific requirements:
(a)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements that contain nude, seminude, or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters of other advertisements that contain nude, seminude, or provocative pictures shall be located a minimum of four feet from any window and shall not be visible from the exterior of the establishment.
(4)
Special use permits granted to adult-oriented businesses shall be nontransferable and shall be subject to renewal by the Planning Board on an annual basis.
§ 240-70 Summer day camps.
[Added 5-16-2011 by L.L. No. 2-2011]
A.
A special permit may be granted for the establishment of a summer day camp, as defined herein, in those districts where it is a special permit use, only if all of the following apply:
(2)
No amplifiers or loudspeakers of any type shall generate sound outside of any building or structure.
(3)
Water supply shall be from a public municipal facility, if available to serve the use. If the water supply is from a private source, the property owner and/or applicant must provide certification acceptable to the Town that the water supply is potable and of adequate volume. Failure to remedy immediately any deficiencies in the potability or volume of private water supply shall entitle the Town to revoke the special use permit.
(4)
Wastewater collection and treatment shall be from a public municipal facility, if available to serve the use. If the wastewater collection and treatment shall be from a private source, the property owner and/or applicant must provide certification acceptable to the Town that the sewage disposal system is adequate for the proposed summer camp use. Failure to remedy immediately any deficiencies in wastewater collection and management shall entitle the Town to revoke the special use permit.
(5)
The summer camp use has obtained, and maintains, all regulatory approvals required by federal, state, or local agencies including but not limited to the Dutchess County Department of Health.
(6)
The minimum lot size shall be 15 acres.
(7)
Vehicular and pedestrian access to the site, and vehicular circulation within the site, shall be compatible with preserving the safety and well-being of children or young adults attending the summer day camp.
(8)
There shall be an adequate and safe setback of camp facilities from public highways adjoining the site.
(9)
There shall be safe and adequate management of vehicular traffic entering and exiting the site, and particular safeguards covering episodic periods of drop-off and pick-up of children.
(10)
The landscape, topography, and natural conditions of the site do not present undo risk of accident or injury.
B.
Summer day camps may be permitted as an additional principal special permit use in conjunction with an existing lawful principal use of a lot or structure, subject to the following standards:
(2)
A preponderance of the established principal use of the lot or structure has existing on-site facilities and improvements of the type which are readily shared by, and serve the purposes of, a summer day camp, such as, but not limited to, playgrounds, athletic fields or courts (indoor or outdoor), gymnasiums, auditoriums, classrooms, swimming opportunities, food service, first aid, safe vehicular access and on-site traffic circulation and vegetative cover and shade.
§ 240-70.1 Drive-through service facilities.
[Added 1-11-2012 by L.L. No. 1-2012; amended 4-9-2014 by L.L. No. 2-2014]
A.
A drive-through service facility is defined as a window or device in, at or through which a business provides services or the delivery of goods from inside a building to persons in a vehicle, and including all related access lanes, vehicular stacking spaces, drive-through aisles, bypass lanes, drive-through discharge lanes, canopies, message boards, automated banking teller devices, communication speakers, curbing, landscaping, lighting, pedestrian crosswalks, and other structures, equipment or site development for the drive-through function.
B.
Legislative intent. A special permit may be granted by the Planning Board to permit a drive-through service facility. It is the specific purpose and intent of this provision to permit the opportunity for businesses to develop drive-through service facilities for the convenience of their customers. Furthermore, it is the specific intent of this provision to protect and preserve property values and to maintain the character of those nonresidential districts permitting drive-through service facilities. With respect to the TCB District, it is the intention to limit drive-through service facilities by the prohibition of the retail sale or distribution to vehicle occupants of food or beverage as either a primary or subordinate commercial activity.
[Amended 9-10-2014 by L.L. No. 4-2014]
C.
To help achieve these goals and promote the objective of the Town of LaGrange Comprehensive Plan, a special permit is required to create a drive-through service facility in the districts where such facilities are permitted as accessory uses pursuant to the Schedule of Permitted Uses and Special Permit Uses, § 240-27, Schedules A1, A2 and A3.[1] Those districts include the C, GB, H, GH and MGH Districts, as well as the TCB District. Drive-through service facilities are subject to the following provisions:
[Amended 9-10-2014 by L.L. No. 4-2014; 8-12-2020 by L.L. No. 4-2020]
(1)
Drive-through service facilities shall be permitted as an accessory use only and must be subordinate to the principal building, such as a bank or pharmacy. Drive-through service facilities as a principal use are expressly prohibited. This would include, for example, kiosk and photomat-type facilities.
(2)
Vehicle drive-through service facility aisles shall not be permitted in any front yard, and windows or aisles shall not be permitted in any front yard, between the principal building and front lot line, or in any required side or rear setbacks. The preferred location for drive-throughs shall be between the principal building and the rear yard. Aisles shall be screened from any public road or private lane by means of extensive landscaping and grading including the use of natural stone walls and/or berms, and these site improvements shall be maintained as an ongoing condition of approval. Fences cannot be used to achieve this requirement.
(3)
A drive-through service facility shall be architecturally treated on all sides pursuant to the architectural standards as set forth in the standards of the district where the drive-through service facility is proposed to be located, i.e., Town Center Business (TCB) [§ 240-35H (3)], Commercial (C) [§ 240-39H (3)], General Business (GB) [§ 240-39H (3)], Hamlet (H) [§ 240-38G (2)(k)], Gateway Hamlet (GH) and Manchester Gateway Hamlet (MGH)-240-38.1. The overall appearance of the drive-through or drive-in bank, including the building canopy and the site, shall be designed in conformity with the character of the community in which it is located and reflect the vernacular architecture of the particular hamlet or neighborhood in which it is located. Generic and standard architectural design derivative of national or regional branches shall not be permitted.
(4)
Plans for an establishment with a drive-through service facility shall not cause conflict or otherwise interfere with moving traffic or pedestrian movement and safety or restrict emergency response. The design and location of the drive-through service facility shall not contribute to increased congestion on any public or private street adjacent to the subject property.
(5)
A maximum of three drive-through aisles shall be permitted for any bank or financial institution. All other uses shall be restricted to a single drive-through aisle.
(a)
Drive-through aisles shall be delineated from traffic lanes and parking areas by means of concrete curbed islands, landscaping, and/or the use of stone walls. (Fences cannot be used to achieve this requirement.)
(b)
Where pedestrians will intersect with a drive-up aisle, crosswalks shall be provided with alternative paving material such as pavers or brick.
(c)
A bypass lane shall be provided adjacent to the drive-through aisle, with a minimum width of 10 feet and maximum width of 12 feet.
(d)
Drive-through discharge lane(s) shall be buffered against adjacent lands by means of landscaping, berms and/or stone walls. (Fences cannot be used to achieve this requirement.)
(6)
Vehicle stacking spaces for queue up to the drive-through service facility shall be designed so as not to interfere with points of access to or from streets. Location of stacking spaces shall not interfere with entry to or exit from any parking space. Each stacking space will be a minimum of 10 feet wide by 18 feet deep. All drive-through uses shall provide stacking spaces for a sufficient number of automobiles for each drive-up service facility subject to the following:
(a)
A minimum of ten stacking spaces shall be required for a business using a menu speaker board or order station, in addition to a minimum of three spaces between the speaker board and payment window, plus an additional three spaces between the payment and pickup windows.
(b)
A minimum of three stacking spaces shall be required for each drive-through service facility for a bank or financial institution where multiple aisles are proposed.
(c)
A minimum of four stacking spaces shall be required for a single drive-through window for a pharmacy.
(7)
Drive-through service facilities shall only be permitted to operate during normal business hours for the primary use, with the exception of financial automated teller machines.
(8)
Noise abatement. A noise abatement plan shall be submitted to the Planning Board for all drive-through service facilities.
(9)
A lighting plan shall be submitted to the Planning Board for the entire site, including the drive-through canopy.
(a)
All canopy lighting shall be recessed.
(b)
Lighting shall be placed on timers and the Planning Board shall establish conditions on the hours of operation for the drive-through service facility.
(c)
Lighting for automated teller machine facilities shall have shielded fixtures and downward focus that avoid glare affecting driving aisles, streets and sidewalks, and areas beyond the boundaries of the subject parcel which includes the facilities.
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
D.
In the event of the following circumstances, the special permit for the drive-through service facility shall lapse:
(1)
Use of the drive-through service facility is discontinued for a continuous period of one year or more; or
(2)
There is a change of use of the property to an activity which does not make use of the drive-through service facilities.
(3)
Applications for special permit approval of drive-through service facilities shall include alternative plans for removal of those facilities and conversion of the site to a suitable design and condition in the event of either lapse or revocation of the special permit. In the event of lapse of the special permit, or in the event that the special permit is revoked by the Planning Board under § 240-71L of this chapter due to substantial deviation from the conditions of the special permit, the drive-through service facility shall be removed and the site shall be restored in accordance with the plans approved by the Planning Board at the time of issuance of the special permit. Removal and restoration shall be completed not later than occupancy, and shall be a condition of occupancy, of the site by a subsequent occupant whose use does not entail use of a drive-through service facility. If the subsequent occupant's use would entail an allowable accessory use of a drive-through service facility for which a special permit has lapsed or has been revoked, reapplication to and approval by the Planning Board of a special permit shall be a condition for renewed use of the drive-through service facility.
§ 240-70.2 Solar energy systems.
[Added 10-28-2015 by L.L. No. 2-2015; amended 12-14-2016 by L.L. No. 9-2016; 6-9-2021 by L.L. No. 1-2021]
A.
Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare.
B. BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) GROUND-MOUNTED SYSTEM LARGE-SCALE SYSTEM ROOF-MOUNTED SYSTEM SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOLAR PANEL
Definitions. As used in this section, the following terms shall have the meanings indicated:
The incorporation of photovoltaic (PV) material into a building's envelope. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semitransparent skylights, awnings, fixed awnings, and roofs.
A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.
Solar energy systems located on land primarily used to convert solar energy into electricity for off-site energy consumption.
A solar panel located on a roof of a permitted principal use or accessory structure.
Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A device capable of collecting and converting solar energy into electrical energy.
C.
Solar as an accessory use/structure.
(1)
Roof-mounted systems. Roof-mounted systems are permitted as an accessory use in all zoning districts when attached to lawfully permitted principal uses and accessory structures, subject to the requirements set forth in this section.
(a)
Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(b)
Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.
(c)
Aesthetics. Solar installations shall incorporate the following design requirements:
[1]
Solar energy equipment shall be installed inside walls and attic spaces to reduce their visual impact. If solar energy equipment is visible from a public right-of-way, it shall match the color scheme of the underlying structure.
[2]
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
[3]
Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.
(2)
Ground-mounted systems. Ground-mounted solar energy systems are permitted as an accessory structure in all zoning districts, subject to the requirements set forth in this section.
(a)
All ground-mounted solar panels in residential districts shall be installed in the side yard or rear yard.
(b)
Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.
(c)
Height. Solar panels are restricted to a height of 12 feet.
(d)
Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.
(e)
Special use permit requirements. In addition to the requirements of § 240-71 of this chapter, the following requirements shall apply:
[1]
Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
[2]
Name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project.
[3]
An application shall be complete in a form acceptable to the Planning Board, and shall contain at least the following information:
[a]
A location map (e.g., Google Earth, Parcel Access, etc.) showing the applicant's entire property including structures, infrastructure (well, septic, or service lines for water/sewer), and neighboring properties.
[b]
The proposed location, size of the installation, along with setbacks from adjacent properties.
[c]
Designated wetlands, 100-year floodplain areas, terrain with slopes in excess of 10%, and a general tree line indicating a forested land cover.
[d]
The location and design of lighting and communication facilities, if applicable.
[e]
The character and description of all power distribution lines, if applicable.
[f]
Cut and fill: extent and amount of cut and fill for all disturbed areas, including before-and-after profiles of typical development areas, parking lots and roads. All excavation shall comply with the provisions of § 240-67B(3) of this chapter, if applicable.
[g]
Stormwater management. Adequate provisions for quantitative and qualitative control of stormwater runoff shall be provided. Methods to include water quality treatment measures, either structural or nonstructural, retention, detention, infiltration, etc., and piping or channeling to existing drainage systems during and after construction, and shall comply with the requirements set forth in Chapter 197 of the Town Code, if applicable.
[4]
Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.
[5]
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed, and stamped by a professional.
[6]
Ground-mounted solar energy systems. A ground-mounted solar energy system shall be screened with perimeter plantings, to consist of evergreen plantings having a minimum height of four feet at the time of installation, and shall not be set back more than five feet from said system, or as otherwise determined by the Planning Board.
[7]
A landscaped buffer shall be provided around ground-mounted systems to provide screening from adjacent residential properties and roads.
[8]
A ground-mounted system shall be fully screened from adjacent properties and roads by fencing or a combination of fencing, and evergreen and deciduous plantings. Plantings used for screening shall be of such a height and width, at the time of planting, so as to obscure the ground-mounted system from adjacent properties. Said screening shall be subject to the prior review and approval of the Planning Board to ensure compliance with this requirement.
[9]
General placement of ground-mounted systems should be done in a manner which maximizes distance from adjacent properties to ensure that the installation does not seek to minimize impact to the applicant at the expense of adjacent properties. The Planning Board has authority to increase the setback requirements to accomplish this goal.
(3)
Installation requirements.
(a)
All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation, and industry standards, and prior to operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
(b)
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 Building 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.
(c)
Electric solar system. A sign shall be installed on the utility meter and any alternating current (AC) disconnect switch indicating that there is an operating solar electric co-generating system on site.
D.
Solar as a principal use. Large-scale solar systems are permitted through the issuance of a special use permit within all zoning districts except TCB, H, MGH, and GH, in addition to the requirements set forth in this section.
(1)
Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special use permit process.
(2)
Lot coverage. While solar installations as a principal use shall be exempt from lot coverage regulations in all districts, the Planning Board shall ensure installations are consistent with the requirements of special permits, especially § 240-71E.
(3)
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.
(4)
Special use permit requirements. In addition to the requirements of § 240-71 of this chapter, the following requirements shall apply:
(a)
Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
(b)
Name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project.
(c)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(d)
Site plan approval is required.
(e)
Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.
(f)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(g)
Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.
(h)
Height restrictions. The maximum height for ground-mounted solar systems shall not exceed 15 feet in height above the ground.
(i)
Design standards.
[1]
Ground-mounted solar systems. A ground-mounted solar energy system shall be screened with perimeter plantings, to consist of evergreen plantings having a minimum height of four feet at the time of installation, and shall not be set back more than five feet from said system.
[2]
A landscaped buffer shall be provided around all equipment and solar panels to provide screening from adjacent residential properties and roads.
[3]
Ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant natural fauna.
[4]
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
[5]
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
[6]
All large-scale solar system facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
[7]
All mechanical equipment of a large-scale solar system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening in accordance with the landscaping provisions of this chapter.
[8]
A large-scale solar system connected to the utility grid shall provide a proof of concept letter from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.
(6)
Abandonment.
(a)
All applications for large-scale solar system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal of the solar energy system or facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town of LaGrange.
(b)
If the applicant ceases operation of the solar energy system or structure for a period of 18 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:
[1]
Removal of aboveground and belowground equipment, structures and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes, excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site restoration work.
(c)
In the event that construction of the solar energy system or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Town may notify the operator and for the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.
(d)
Upon cessation of activity of a fully constructed solar energy system or structure for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.
(e)
If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.
E.
Solar in historic districts. Properties located in a historic district are subject to the requirements set forth in this subsection:
(1)
Roof-mounted solar panels and BIPV systems are permitted by right on accessory structures that do not contribute to the historic significance of the site.
(2)
Solar panels shall not alter a historic site's character-defining features, or be placed within view of a public right-of-way.
(3)
All modifications to a historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.
(4)
Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.
(5)
Setback, height, and lot coverage.
(a)
Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.
(b)
Height. Solar panels are restricted to a height of 12 feet.
(c)
Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.
(6)
The issuance of a certificate of appropriateness is required by a historic review committee (i.e., Historic Preservation Commission) for ground-mounted systems, BIPV, and all historic structures.
§ 240-70.3 Outdoor sports and recreation.
[Added 9-23-2020 by L.L. No. 5-2020]
A.
Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of outdoor sports and recreation uses in a scope, scale, and intensity which is compatible with surrounding residential neighborhoods and uses. Furthermore, it is the purpose and intent of this section to allow this use while preserving neighborhood character and property values.
B. LOW-SPEED ELECTRIC BICYCLE
Definitions. The following definitions shall apply exclusively to the provisions of this section:
A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower) whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
C.
To help achieve these goals and promote the objectives of the Town of LaGrange Comprehensive Plan, a special permit is required to create an outdoor sports and recreation facility, subject to the following provisions:
(1)
Properties shall be a minimum of 15 acres in size.
(2)
Design and construction of any improvements must be compatible and harmonious with the character of the existing neighborhood.
(3)
Operations in connection with any special use will not be offensive, potentially dangerous, or destructive of property values.
(4)
Operations will not be more objectionable to nearby properties by reason of significant noise, fumes, vibration, electromagnetic radiation, the flashing of lights and similar nuisance conditions than would be the operations of any permitted use not requiring a special permit.
(5)
Use of powered recreational vehicles or firearms are not permitted. Low-speed electric bicycles, as defined by 15 U.S.C. § 2085 and this section, are not considered powered recreational vehicles. The use of electric bicycles on roadways is subject to applicable state and federal laws.
(6)
The Planning Board shall require such additional conditions and safeguards to the special permit as may be necessary to ensure continual conformance to all applicable standards and requirements.