Montgomery Town City Zoning Code
§ 235-15.4
Special permit uses Planning Board.
The Planning Board shall have original jurisdiction and power to grant a permit for a special permit use on a particular site wherever it is expressly provided in this chapter that the special exception may be granted upon application to the Planning Board without a finding of practical difficulties or unnecessary hardship but subject to the general provisions of this chapter and more specifically to the guiding principles, general standards, and the special conditions and safeguards contained in this section.
A.
Guiding principles.
(1)
Such use shall be one which is specifically authorized as a special permit use in the district within which the subject site is located.
(2)
Every decision by the Planning Board granting a permit for a special permit use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter punishable under the provisions of § 235-16.
(3)
A special permit use for which a permit is granted by the Planning Board pursuant to the provisions of this section shall be construed to be a conforming use.
B.
General standards. For every such special permit use, the Planning Board shall determine the following:
(1)
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 235-2.
(2)
That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(3)
That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location of such use in the community.
(5)
That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
(6)
That the proposed use, particularly in the case of nonnuisance industry, does conform with the local law definition of the special permit use where such a definition exists, or with the generally accepted definition of such use where it does not exist in the local law.
(7)
That access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
(8)
That there are off-street parking and truck loading spaces at least in the number required by the provisions of § 235-12, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the collection and disposal of stormwater runoff from the site, and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
C.
Special conditions and safeguards for certain special permit uses by the Planning Board. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special permit use also meets the special conditions and safeguards required in this section.
(1)
Animal processing facility. All activities related to the animal processing facility, including the detention pens, shall be conducted within a building.
[Amended 2-28-2023 by L.L. No. 2-2023]
(2)
Access to state or county roads for heavy commercial traffic generators. Uses considered to be heavy traffic generators include big box retail uses, shopping centers, drive-through or drive-up facilities, gasoline service/convenience stores, chain restaurants and hotels or similar uses as specified by the Planning Board.
(a)
Such uses shall either have a primary access to a signalized intersection with a state or county highway, or shall be located such that their main access drive shall be no closer than 300 feet to a signalized intersection as measured center line to center line of the access road and signalized crossroad.
(b)
If said use has a signalized or full service access, a secondary access may be limited to right-in-right-out turning movements.
(c)
Traffic studies may be required as determined by the Planning Board.
(d)
Access roads or driveways out to the main road may be restricted to an internal road intersecting said road or driveway at least 100 feet back from a state or county right-of-way.
(e)
Drive-through uses shall be required to have a pass-through or pass-by lane adjacent to the drive-up or drive-through lane.
(f)
Each drive-through lane shall provide for the stacking of 10 vehicles without interfering with turning movements. Stacked vehicles shall not be allowed to back into access roads or driveways.
(5)
Arena, assembly hall.
(a)
No building or structure shall be built within 50 feet of any property line.
(b)
Lot coverage shall not exceed 20%.
(c)
The site boundaries shall be at least 200 feet distant along any bounding street from any residence district boundary line.
(d)
In the B-4 District, the site shall have a minimum area of five acres and minimum frontage of 400 feet along the principal bounding road.
(6)
Automobile laundry. See "gasoline station with convenience store."
(7)
Building contractor storage and/or equipment yard.
(a)
The entire activity shall be contained within an eight-foot-high opaque fence or equivalent landscaped screening.
(b)
There shall be no outdoor storage of waste materials or other debris resulting from construction projects or from servicing of equipment.
(c)
The site shall be kept in such a condition as not to attract or harbor pests, rodents or other vermin.
(8)
Bus passenger shelter.
(9)
Construction and demolition (C&D) processing. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, annexed to this chapter and made a part hereof.
(10)
Campgrounds.
(a)
Occupancy by any individual or group of individuals in any form of permitted temporary, movable or portable shelter shall be for a period of not longer than 120 days in any twelve-month period.
(b)
Each camping space shall be at least 3,000 square feet in area with a minimum average width of 30 feet. There shall be an average of no more than 10 campsites per acre for any campground.
(c)
Parking spaces for automobiles shall be 30 feet long and 12 feet wide with an eight-foot-wide strip of washed, crushed stone or shale, or two-inch blacktop slabs over gravel or a stabilized surface. Parking spaces for automobiles with trailers shall be 50 feet long and 14 feet wide with a ten-foot-wide strip of washed, crushed stone or shale, or two-inch blacktop slabs over gravel or a stabilized surface.
(d)
No camping space shall be within 50 feet of any property line or within 100 feet of any watercourse which is part of any public water supply system.
(e)
Each camping space shall be provided with thirty-amp, 240-volt electrical service.
(f)
Sanitation facilities shall be furnished in accordance with the following specifications:
[1]
One toilet for each sex for each 10 sites shall be provided within 300 feet of each camping space. A minimum of two toilets for each sex shall be provided.
[2]
Urinals shall be provided. Up to 1/2 the male toilets may be urinals.
[3]
Lavatories shall be provided at a ratio of one for each 15 units for each sex.
[4]
Showers shall be provided and must be served with hot and cold or tempered water between 90° F. and 110° F. and be available at a ratio of two showers for each 50 units for each sex.
[5]
Slop sinks with flushing rims or basins and laundry tubs with water supply shall be provided to serve each 50 units.
[6]
Each toilet and shower for which provision is made in subsections above shall be in a private compartment or stall.
[7]
The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended.
[8]
Where individual water hookups and sewage disposal facilities are provided, the ratio shall be one toilet and lavatory for each sex for every 40 units within 500 feet of each unit.
[9]
At least one travel trailer sanitary dumping station shall be provided.
[10]
The owner of a campground shall provide for the collection of refuse and garbage daily and shall also conveniently locate fly-tight refuse containers on each campsite. Refuse containers shall be cleaned, covered and maintained as often as may be necessary to promote a wholesome and nonodorous condition to prevent the breeding of insects therein.
(g)
Service buildings housing sanitation facilities shall be constructed and maintained in accordance with the following specifications:
[1]
They shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
[2]
The service building shall be well lit at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof materials, which may be painted woodwork, as shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68° F. during the period from October 1 to May 1. The floors of the service buildings shall be of concrete or similar materials, elevated not less than four inches above grade, and shall slope to a floor drain located in each room.
[3]
All service buildings and the ground of the site shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(h)
All campgrounds in RA-.5, RA-1, and RM-1 Districts shall be a minimum of 10 acres in area. All campgrounds in the B-3 District related to a retail commercial facility and on the same lot shall be a minimum of five acres in area.
[Amended 10-6-2022 by L.L. No. 10-2022]
(i)
Each campground shall provide a playfield at least one acre in area. At least one acre of playfield for every 25 campsites shall be provided.
[Amended 10-6-2022 by L.L. No. 10-2022]
(j)
Campground stores are permitted in the B-3 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(k)
Campground stores in all residential and industrial districts are permitted to be located within the campground site and may be part of the office.
(l)
Ancillary facilities such as stores, offices, swimming pools, service buildings, etc., shall be submitted to the Planning Board for site plan approval along with the overall development.
(m)
All water and sewer facility plans shall be submitted to the Orange County Department of Health for approval prior to final site plan approval and the issuance of building permits.
(12)
Commercial public recreation uses not otherwise prohibited.
(13)
Composting facility. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, annexed at the end of this chapter and incorporated herein.
(14)
Conversion of an existing residential structure into multifamily dwellings. Conversions shall be approved by the Planning Board, provided all of the following criteria are met by the applicant and structure in question:
(a)
Lot area. If central water and sewers are available, there shall be no more than eight units per acre in an RM-1 Zone and no more than three units per acre in an RA-1 Zone. If central water and sewers are not available, there will be at least 20,000 square feet of lot area per dwelling unit in the RA-1 and RM-1 Districts, and at least 30,000 square feet of lot area per dwelling unit in the RA-.5 District.
[Amended 10-6-2022 by L.L. No. 10-2022]
(b)
In order to be eligible for conversion, the original structure shall have been constructed at least 30 years prior to the date of application for a special permit use permit. Evidence of age satisfactory to the Planning Board shall be submitted along with the application. In addition, the structure must have a minimum livable area, exclusive of garages, porches or basements, of 1,400 square feet.
(c)
Each proposed dwelling unit within the structure must have at least 450 square feet of living area, exclusive of interior common hallways, and direct egress to the exterior of the structure must be provided.
(e)
Signs, other than those normally permitted elsewhere in this chapter for the district involved for residential uses in residential zones, shall not be permitted.
(f)
No office or retail or service commercial uses shall be permitted within the structure.
(g)
The front yard and side yard facing a street shall be properly landscaped prior to the issuance of a certificate of occupancy or a landscaping bond may be required to be posted with the Town Board up to the maximum of $1,000 at the discretion of the Planning Board upon the advice of its landscape architect or engineer.
(h)
The structure's final appearance and potential density shall be in keeping with the character of the immediate neighborhood within 500 feet of the side and front lot lines. Only one entrance shall be permitted for each facade of the structure per floor or story.
(i)
Each dwelling unit shall contain its own separate and private bathroom and kitchen facilities wholly within each dwelling unit.
(j)
Each structure proposed for conversion shall have one dwelling unit occupied by the property owner, and said property owner shall be a resident of the premises for at least four consecutive years preceding the application for conversion. Should the owner have a place of permanent residence other than the premises in question for a period of more than six consecutive months, the special exception permit shall become null and void and the subject premises shall revert to its original permitted use which existed immediately prior to the issuance of the permit.
(k)
The location of the existing well and septic system shall be shown on the site plan. Expansion of the septic system and/or a new well may be required if there is evidence that their capacity is not adequate for the units proposed, based upon current engineering and health standards of the Town, county or state.
(l)
A new owner shall apply for a new permit for an existing accessory apartment within two months of taking title to the property. Such application shall be made directly to the Building Inspector. The Building Inspector shall issue said permit if, after inspection, the premises are in the condition approved in the original application, and the application was made within two months of the initial ownership. If these conditions have not been met the application shall be rejected and the applicant shall reapply to the Planning Board.
(m)
The permit shall terminate upon the sale of the property by the owner or by the death of the owner or survivor, or by the owner no longer occupying the premises as his or her primary residence.
(n)
However, the provisions of this section shall not apply to an existing lawful one-family dwelling to be converted to a two-family dwelling if the existing lot meets all requirements as to lot area and setbacks for a two-family dwelling in the district in which the reconstruction or conversion is proposed and, further, that the Engineer for the Town certifies that the sanitary disposal system will meet acceptable standards for the two-family dwelling.
(15)
Day camp.
(a)
The lot shall have an area of five acres or more.
(b)
There shall be no more than one camper for every 2,000 square feet of site area.
(c)
All buildings, structures and areas of organized activity such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be at least 100 feet from any property line.
(d)
Off-street parking areas shall be at least 50 feet from any property line.
(e)
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
(f)
Public address systems shall be prohibited.
(g)
Only one sign not larger than 12 square feet in area shall be permitted.
(h)
Landscaping and fencing shall be provided as required by the Planning Board.
(16)
Eating establishment: drive-through, open front or curb service.
(a)
Such uses shall be separated by 1,000 feet from each other where such uses are located on separate lots along the same side of the same street frontage with direct access only to the same street. The 1,000-foot distance shall be measured between property lines and intends to reduce curb cuts in commercial areas. Such eating facilities located on a pad site within a shopping center or strip mall, or located in a food court with other eating facilities, or in a travel center are not governed by this separation requirement.
(c)
Internal traffic and pedestrian circulation and disposal of refuse shall be approved by the Planning Board.
(17)
Gasoline station with convenience store.
(a)
This use category includes automobile laundries with or without ancillary uses such as waxing, detailing and/or oil change service; gas stations with or without convenience stores, auto laundries or diesel fuel service; but does not include auto repair garages or auto body shops.
(b)
The lot area shall be not less than one acre and shall have a minimum frontage along a principal roadway of at least 200 feet, unless such use is integrated as a pad site as part of a larger use and has no individual frontage.
(c)
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site if the site provides gasoline or diesel fuel service.
(d)
All fuel pumps shall be located at least 25 feet from a building. A fuel canopy shall be considered a structure and not a building and shall not be allowed in a required front yard.
(e)
Traffic circulation of all vehicles within the site and entrance and exit locations shall be approved specifically by the Planning Board.
(f)
No sales or storage of motorized vehicles or trailers may occur on the site.
(g)
Diesel fuel sales shall not exceed 15% of total fuel sales for any thirty-day period.
(h)
Requirements found in § 235-15.4C(2) shall be applicable to these uses.
(18)
Gasoline station, liquefied petroleum gas (LPG).
(a)
The lot area shall be not less than 20,000 square feet, and the lot shall have a minimum frontage along the principal roadway of at least 150 feet.
(b)
Gallons shall be measured in terms of water capacity.
(c)
No church, school, library, playground or similar place of public assembly shall be located within 500 feet of the site.
(d)
All storage tanks under 2,000 gallons' capacity shall be located at least 25 feet from any building, structure or lot line; 75 feet from any residence; and shall be surrounded at all times by a chain-link fence at least five feet in height with a self-latching gate which shall be locked when the tank is not being actively used or serviced. Alternative fencing may be approved by the Planning Board, provided it is the equivalent of a chain-link fence or greater in terms of security and penetrability.
(e)
Entrance or exit driveways shall be located at least five feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
(f)
The area devoted to the outdoor storage of motor vehicles, or parts thereof, for purposes of dismantling will be screened from view of persons on adjacent streets by enclosing such areas with an opaque fence eight feet high or locating them inside a building. No more than five motor vehicles shall be stored outdoors overnight.
(g)
Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
(h)
Storage tanks in excess of 2,000 gallons shall be located at least 50 feet from a lot line and 100 feet from a residence.
(i)
Storage tanks shall be limited to 30,000 gallons' capacity with a total storage capacity of 70,000 gallons on any one site.
(j)
LPG shall otherwise be stored and handled according to the latest edition of the National Fire Protection Association Manual 58, which shall be kept on file in the office of the Town Building Inspector.
(k)
Dispensing devices shall be located at least 20 feet from a building or property line and 10 feet from a LPG container or tank.
(l)
Containers awaiting refilling shall be stored indoors, or if stored outdoors they shall be located at least 10 feet from a lot line and enclosed behind a solid fence.
(19)
Fuel storage.
[Amended 10-6-2022 by L.L. No. 10-2022]
(a)
Fuel storage tanks shall be set back from all lot lines at least 75 feet.
(b)
Fuel storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(c)
The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility.
(d)
The height of a fuel storage tank may be increased to 50 feet above the average ground elevation at its base where it is determined that the terrain between the tank and the lot lines is more than 15 feet above the average ground elevation at the tank's base for at least 3/4 of the tank's surrounding.
(e)
A dike shall be erected around the tank or tanks to contain the fuel stored therein.
(20)
Full-service truck stops. Full-service truck stops must include a restaurant, restrooms, fuel service and motel accommodations with a minimum of 20 bedrooms. The use also may include auto and truck repair facilities and/or a convenience store and/or truck wash. Uses shall be permitted under the guidelines established herein and based upon the following conditions:
(a)
Minimum lot size shall be 30 acres.
(b)
One tractor-trailer truck parking space shall be provided for every 100 square feet of retail floor space and for every two seats in the restaurant.
(c)
One automobile parking space shall be provided for every 150 square feet of retail floor space and for every two seats in the restaurant.
(d)
Each gasoline or diesel fuel pump island lane used by tractor-trailer trucks shall provide for standing space for six trucks.
(e)
Adequate room shall be provided on site for maneuvering of all vehicles. A traffic report prepared by a certified and licensed traffic engineer which analyzes all existing and potential off- and on-site traffic conditions shall be a part of the application for a special permit use permit. Truck deceleration lanes shall be provided at least 100 feet in length plus tapers. The actual lengths shall be determined after review of the traffic engineer's reports.
(f)
One tractor-trailer truck parking space shall be required for each motel or transient residential accommodation.
(g)
Landscaping shall be provided along all lot lines unless waived by the Planning Board where the existing landscaping is found to be adequate.
(h)
Adequate lighting and signage shall be provided based upon current requirements, and objectionable or hazardous lighting glare shall be shielded from adjacent properties and streets.
(i)
Such establishments shall be located no closer to any state highway than 300 feet. No direct access to any state highway shall be permitted unless such access is via a separate ramp to and from an interstate highway.
(j)
Additional uses which are allowed accessory to a full-service truck stop are auto and truck repair facilities, a truck wash and convenience store.
(k)
Drainage plans shall include oil/water separation systems acceptable to the Town Engineer and Planning Board.
(21)
Golf course, country club on site of not less than 50 acres. See "commercial public recreation uses," etc., for additional conditions.
(22)
Home veterinarian office, breeding kennel. See "animal hospital."
(23)
Hospital, sanitarium, nursing home, rest home:
(25)
Integrated residential, agricultural and light industrial community.
(a)
Such communities shall include the following allowable uses, which may be approved as one special permit use permit on one or more lots at the discretion of the Planning Board:
[1]
Living and sleeping accommodations for not more than 250 residents in not more than 40 dwelling units distributed over not more than 14 structures pursuant to a cluster plan authorized elsewhere in this chapter.
[2]
Private cooking and dining facilities to service only the residents, guests and invitees of the owner of the property.
[3]
Educational facilities.
[4]
Child care for the residents of the property.
[5]
Administration services.
[6]
Health care services for the residents of the property.
[7]
Recreation facilities.
[8]
Maintenance and farm buildings.
[9]
Cemetery.
[10]
House of worship.
[11]
Light industrial facility of not more than 85,000 square feet.
[12]
Heating facility.
[13]
Water supply, storage and distribution facilities.
[14]
Sewage treatment and collection facilities to service only the lands within the RA-CE District.
(b)
Special conditions for this use are:
[1]
The execution of a conservation easement to assure perpetual protection of open space and Town access to an undefined potential water storage site. The conservation easement shall have three parts:
[a]
The 73 +/- acre core area on which the new residential structures, the services attendant to the residential community, the main place of worship and ancillary uses are to be located, all as to be shown on the proposed site plan.
[b]
The ten-acre portion of the site which would be a tax-paying parcel limited to light industrial use of not more than 85,000 square feet plus a central heating plant subject to Planning Board approval.
[c]
The remaining portion of 180 =/- acres of the site will be limited to the existing residential structures, agriculture, open space, access to a water storage area and other open space uses, as defined in the conservation easement.
[2]
Access to the 73 +/- acre core area shall be limited to Coleman Road. There will be no regular vehicular connection to the adjoining ten-acre light industrial site. Emergency connection will be maintained.
[3]
The core area shall be serviced by central water and sewer systems to be built, operated and maintained by the landowner. The site may contain a water storage tank with a capacity of appropriate gallonage as is required for the community and a sewage treatment plant with a treatment capacity of appropriate gallonage as is required for the community, which STP shall service only the lands which are within the RA-CE Zoning District.
[4]
The ten-acre light industrial portion of the site is limited to a maximum build-out of 85,000 square feet for the light industrial facility plus the heating plant and ancillary structures as approved by the Planning Board.
[5]
The community will be heated by a biomass heating plant with an initial capability of producing 950,000 btu/hour peak output. Additional boilers will be added as needed. State permits will be secured where required prior to being put on-line. A backup system will be in place prior to issuance of the initial certificate of occupancy. Fuel to be used in the biomass system shall be limited to wood chips, which will be stored in an enclosed structure.
[6]
All development shall be consistent with the findings of the completed SEQRA process adopted April 29, 2002, unless amended by subsequent action pursuant to law.
[7]
Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily except Sunday, when no construction is permitted.
(25.A)
Mobile home park - age restricted.
(a)
See "licensed mobile home court" and apply all of those conditions as appropriate.
(b)
Unless otherwise determined in the sole discretion of the Town Board, all improvements shall be privately constructed, owned and maintained and the expense of all such construction, operation and maintenance will be borne by the owners and/or occupants of the park and not by the Town of Montgomery. Prior to any final approval of the special permit use, appropriate documentation, including, without limitation, bylaws, covenants, declarations and similar documents, must be approved by the Planning Board and the Municipal Attorney to ensure that all owners and occupants receive constructive notice of such private obligations.
(c)
The Planning Board as a condition of the approval of the special use may require that the issuance of site plans and building permits be phased in accordance with the level of improvements constructed and that a defined number of remaining building permits be withheld until all required improvements are in place and fully operational.
(d)
Each dwelling unit shall be occupied by at least one resident at least 55 years of age, and no occupant shall be less than 19 years of age. Prior to any final approval of the special permit use, appropriate documentation, including, without limitation, bylaws, covenants, declarations and similar documents, must be approved by the Planning Board and the Municipal Attorney to ensure that these age restrictions are followed and that all of the Town's expenses of enforcement, including reasonable attorneys' fees, shall be paid in full by the owner of the land and, in addition to all other available remedies, such expenses may become a lien against the real property and may be collected in the same manner as other Town taxes.
(e)
The overall density of the age-restricted mobile home park shall be established by the Planning Board during the review process and shall provide for permanently protected open space in such amount and location and with such conditions as approved by the Town Board prior to the issuance of a special exceptions use permit by the Planning Board. However, in no case shall the overall density established by the Planning Board be less than that allowed under § 235-6.3 for the R-MHC Mobile Home Court zoning designation. The location, extent and condition attendant to the open space shall be contained in a conservation easement or similar document to be approved by the Municipal Attorney and recorded with the Orange County Clerk prior to the issuance of the first building permit for the project.
(f)
Lands within the age-restricted mobile home park shall not be subdivided into individual plots or parcels or lots. However, the dimensional requirements as set forth for the R-MHC (Mobile Home Court) District shall be used to develop an overall site plan for the age-restricted mobile home park to determine such matters as road layout, open space, utility services and overall allowable development density.
(g)
Prior to June 1 of each year, the owner of the age-restricted mobile home park shall submit to the Town Code Enforcement Officer a certification executed by either an attorney or professional engineer licensed to practice in the State of New York attesting to the fact that, based upon an inquiry performed by the attorney or professional engineer within the preceding 45 days, each dwelling unit of the age-restricted mobile home park was occupied by at least one resident at least 55 years of age and that no occupant was less than 19 years of age.
(26)
Licensed mobile home court. The lot area shall be not less than five acres, and a proposed site development plan for the entire site, prepared by a licensed professional engineer, shall be submitted for approval. The initial development shall cover at least two acres, and subsequent additions shall be not less than one acre. All mobile home courts in existence at the time of the enactment of this chapter are required to comply with all requirements on this section within two years of the date of enactment. The site development plan shall reflect the following minimum standards and features:
(a)
A street system with paved roadways, a minimum of 20 feet wide, with curbs or gutters, giving access to all mobile home spaces; and at least two access drives to and from the public street.
(b)
Established mobile home spaces of not less than 2,000 square feet and a minimum width of not less than 30 feet; provided, however, that the average area of all spaces shall not be less than 3,000 square feet, and the average width of all spaces shall not be less than 40 feet. There shall be at least 12,000 square feet of area provided for each trailer. Area requirements of this Subsection C(26)(b) shall apply to all new mobile home courts and expansion of existing mobile home courts.
(d)
All mobile homes and accessory structures shall be at least 30 feet apart.
(f)
On-site storm water drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.
(g)
Sewage disposal and water supply systems approved by the New York State Department of Health.
(h)
A fire protection system in accordance with standards of the National Fire Protection Association recommendations, and as required and approved by local fire district officials.
(i)
A complete electrical system in conformance with municipal electrical code provisions, including outdoor lighting along all interior streets, entrances and exits and in public open spaces, with at least one sixty-watt bulb for each 50 feet of street length and an equivalent level of lighting over public open spaces.
(j)
Garbage and trash collection points so located that no mobile home is more than 150 feet from such a point, equipped with an adequate number of metal garbage cans with tight-fitting covers, and appropriately screened from view.
(k)
Centrally located public telephone, separate emergency sanitary facilities for men and for women and emergency public water supply.
(l)
The location of other desired community facilities.
(m)
An equipped recreation facility with an area equivalent to the proportion of one acre per 100 mobile home spaces in the court, but not less than 1/2 acre in any case.
(n)
A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.
(o)
All accessory structures in a mobile home court shall comply with the Building Code, this chapter, and such other codes, ordinances and regulations as shall apply.
(27)
Membership club, nonprofit. See "church," etc.
(28)
Motel, resort, inn and/or hotel.
[Amended 4-18-2022 by L.L. No. 6-2022]
(a)
There shall be at least two acres of lot area plus an additional 1,500 square feet for each additional overnight accommodation guest unit beyond the first 75.
(b)
Accessory uses to a motel, inn and/or hotel on the same lot may include a related office, restaurant facilities, conference rooms, bars, lounges, gift shops, sundries shops, business centers, fitness centers, recreation facilities solely for use by guests and off-street parking, and which shall not exceed 25% of the total floor area.
(c)
Motels, resorts, inns and hotels shall be occupied only on a transient basis, with the exception of a single overnight accommodation guest unit, which may be used for occupancy by employees.
(d)
Resorts shall provide at least 200 square feet of accessory interior recreational, restaurant, bar, lounge, or fitness floor area or at least 5,000 square feet of exterior recreational amenities per guest room or any combination thereof.
(29)
Nursery school. See "day camp."
(30)
Philanthropic, fraternal or social organization office or meeting room. See "church," etc.
(31)
Planned adult community (PAC). "Planned adult community (PAC)" is defined as a mixture of housing types, as approved by the Planning Board, limited by age whereby at least one resident of a dwelling shall be 55 years of age or older and no one under age 19 shall be a resident of a dwelling unit. An applicant shall prepare and provide the required bylaws, deed restrictions and other similar documents, including, without limitation, the offering plan setting forth compliance with the conditions herein contained and with the conditions of any Planning Board approvals of a PAC, to the satisfaction of the Town Attorney and other agencies with jurisdiction prior to final approval. No authorization for any building permits shall be granted by the Town unless the Planning Board shall have approved the special permit use (SPU), site plan and/or subdivision (if any) applications upon a finding that the total project is in keeping with the intent of this provision to provide flexible planning for senior citizen residential development and to promote the master plan while meeting the following special conditions:
(a)
A planned adult community (PAC) only may be approved by the Planning Board of the Town of Montgomery for the entirety of those certain two tax parcels presently known as Town of Montgomery Tax Map Section 29, Block 1, Lots 10, 32.11 and 32.12, together with tax parcel 29-1-22.222, if said parcel is acquired to be a part of the PAC, which Tax Map parcels consist of 191 contiguous acres more or less, situate on the north side of Goodwill Road in the Town of Montgomery, and are indicated on the Zoning Map of the Town as RA-1/PAC.
[Amended 4-18-2022 by L.L. No. 6-2022]
(b)
An overall development plan shall be presented showing the use or uses proposed at a scale of one inch equals 200 feet or larger indicating the areas set aside for each use, and the locations of all structures, parking spaces, rights-of-ways and roads or drives and the provision for central community water and sewer services or other public services. Subsequent plans at larger scales for various project components shall be required under the subdivision or site plan review process.
(c)
The gross density in terms of dwelling units per acre over the entire development shall not exceed the number of units permitted as determined by multiplying the net acreage on the site by the density factor of 2.75 dwelling units per acre, exclusive of senior citizen assisted-living units as otherwise defined elsewhere in this chapter.
(d)
Net acreage is that area of the site remaining after the following areas have been deducted:
[1]
Water bodies existing at the time of applications.
[2]
Areas subject to flooding under FEMA mapping or within the FP District as regulated herein.
[3]
Areas occupied by a public utility easement in such a manner as to prevent their use and development for uses other than open space, agriculture, roads or parking lots.
[4]
Areas to be used for religious, commercial, educational, cultural institutions or other quasi-public, institutional or medical or residential care facilities. Public schools, future public or private roads, recreation areas or buildings affiliated with the residential development's owners' association shall not be deducted in determining net acreage.
(e)
The resultant open space or common land shall be used for recreational and community purposes, including natural parkland, community association buildings, active and passive indoor and outdoor recreation areas, open space or field areas, storage buildings and areas for community residents only, and service or garage and storage buildings for the community.
(f)
The proposed PAC shall comply with all the Zoning Law requirements except for lot area, width, coverage, setback and other dimensional requirements as approved by the Planning Board. As part of the residential cluster, dwellings may be in the form of single-family attached or detached, townhouse or multifamily dwellings in whatever form of ownership is mutually agreed to between the applicant and Planning Board. Central sewer and water services shall be required for all units.
(g)
Additional uses allowed in the planned adult community as special permit uses:
[1]
Commercial retail, personal service, food service and office uses up to a maximum of 3% of the gross site area contained in the application prior to any subdivision. These uses are allowed, provided they are located in the central or core area of the site at least 400 feet away from existing roads and primarily intended to serve the residents of the PAC.
[2]
Senior assisted-care facilities and nursing care facilities. In a planned adult community these uses shall not be required to have direct access to a state or county road. The maximum density for senior assisted-care facilities shall not exceed 25 senior assisted-care units per acre. The maximum number of senior assisted-care units shall not exceed 200 in any one PAC.
[3]
Recreational facilities as part of the open space and recreational area for a planned adult community, including a community center or clubhouse.
[4]
Accessory uses allowable in a PAC are limited to the following, all of which shall be subject to Planning Board special permit use permit and site plan approval:
[a]
Table of Use Regulations for Residence and Agricultural Districts, Row F, Items 2 through 4, 6, 7, and 9.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[b]
Table of Use Regulations for Business and Industrial Districts, Row F, Items 2, 3, 5, 6, and 9 through 15.[2]
[2]
Editor's Note: Said table is included as an attachment to this chapter.
[5]
Limited commercial, directional, development and announcement signs along Goodwill Road shall be restricted and/or controlled by the Planning Board and allowed only in keeping with the intent of this chapter to limit commercial activity along existing Town roads.
[6]
Residential and commercial uses are allowed to be mixed in a structure or on a portion of the site, but the commercial portion of the mixed-use area shall count toward part of the 3% maximum allowable area for commercial uses.
(h)
Golf courses or country clubs in an adult community can be executive or short courses and are not required to be 50 acres in area on one or more lots.
(i)
Lots in adult communities may have access to private roads. Private roads are allowed in adult communities, provided they are located within fifty-foot-wide rights-of-way, and further provided they are constructed to Town Board specifications in terms of cross sections. Road widths, curbing, sidewalks and drainage shall be determined by the Town Engineer and Planning Board.
(j)
The subdivision of lots within a planned adult community shall be reviewed and approved simultaneously with the special permit use and site plan applications. If a subdivision is required, it shall be reviewed in accordance with the current Subdivision Regulations of the Town.[3]
(k)
Recreation fees in lieu of parkland shall be chargeable to each residential unit (not including senior assisted-care facilities) at a rate of $1,000 per dwelling unit for the first 250 units, payable at the time of application for the building permit for the particular unit or units. The Building Department shall refuse to issue a building permit unless this recreation fee has been paid. In the event that all of the on-site recreational facilities have been fully constructed and are in operation and available to area senior citizens in a manner similar to the availability of these facilities to community residents at the time of the issuance of the building permit for the 250th dwelling unit, no further recreation fees shall be due and owing. In the event that all of said on-site recreational facilities are not operational and available to the community residents and area senior citizens as above, the recreation fees at the rate of $1,000 per dwelling unit or lot shall be due and payable for all such units in excess of 250 units until such time as all of the on-site recreation facilities are operational and available to such persons. There shall be no refunds of any recreation fees once due, owing and paid, notwithstanding that all of the on-site amenities eventually are operational and made available to the community residents and area senior citizens as above.
(l)
Application fees shall include the following:
(m)
In the context of this § 235-15.4(C)(31), the words "community" or "community association" refer strictly to the development and residents thereof and not to the greater Montgomery area outside the boundaries of the proposed development.
(n)
It is the general policy of the Town that all central sewer and water systems be owned and operated by the Town or a Town improvement district. It is required as a condition to final approval of the special permit use, site plan and/or plat that any central sewer and/or central water systems shall become a part of an improvement district that shall be legally formed or extended at the sole discretion of the Town. Such systems necessary to service the subject PAC, together with their appurtenances, shall be offered for dedication to such districts without costs to the districts. The owner shall petition the Town Board in this regard prior to the sale or transfer of any part of the subject property. In the event that additional water and/or sewer capacity is developed by the sponsor over and above the needs of the PAC, a fair and equitable share of the permitting and construction costs of said additional systems shall be paid by any other users of said facilities.
(o)
In connection with § 235-15.4C(31)(n) above, no development shall occur within a 200-foot radius of a wellhead constructed within the area noted as a "favorable location of a high-yielding bedrock well" as set forth on those certain maps and in those certain reports entitled "Orange County Groundwater Study, Orange County Water Authority for the Town of Montgomery," dated May 1998.
(32)
Public library, museum, community center, fire station, municipal office or other governmental building of similar character. See "church," etc.
(33)
Public passenger transportation station or terminal. All loading or unloading locations for public transportation vehicles shall be off-street.
(35)
Public utility structure or right-of-way necessary to serve areas within the Montgomery community, excluding business office, repair or storage of equipment.
(36)
(Reserved)
(37)
Recycling handling and recovery facilities.
(a)
This subsection shall regulate recycling handling and recovery facilities, including:
(b)
General requirements.
[1]
This § 235-15.4C(37) specifically excludes any of the facilities listed above which may be owned and/or operated by the Town of Montgomery.
[2]
All other recycling uses are excluded under this chapter and, therefore, are not permitted.
[3]
All proposed facilities must comply, at a minimum, with all applicable state requirements pursuant to Part 360 as amended from time to time. All specific references in this chapter to 6 NYCRR Part 360, or to "Part 360," shall mean such section and subsections most recently amended.
[4]
All proposed facilities, regardless of size or throughput unless specified otherwise, must comply with the requirements of this chapter.
[5]
Proposed facilities must demonstrate compliance with the approved Orange County Solid Waste Management Plan or receive approval from the Orange County Department of Environmental Facilities and Services or successor agencies.
[6]
All facilities/uses covered under this § 235-15.4C(37) are considered special permit uses and, therefore, require a special permit use permit and site plan approval by the Planning Board and in accord with this § 235-15.4 and § 235-16.5 of this chapter, as amended, regardless of whether a building permit is required. These facilities may be permitted as a special permit use as listed in the Table of Use Regulations for Business and Industrial Districts.[4]
[4]
Editor's Note: Said table is included as an attachment to this chapter.
[7]
An applicant may apply for more than one special permit use for facility regulated by this subsection.
[8]
Subject to the existing requirements of the Zoning Law of the Town of Montgomery, including § 235-9.1A, this subsection is not intended to restrict or prohibit the storage and/or recovery or recycling of farm products in accord with generally accepted farming practices, nor is this subsection intended to prevent or prohibit the storage of such materials by individual landowners for their own use or by retail landscape stores and/or garden centers that store not more than the amount of finished product reasonably expected to be sold at retail.
[9]
For the purposes of this chapter, the Town Board finds that the storage of organic material and the recovery or recycling of same is not an agricultural practice unless such facility is operated in connection with an ongoing agricultural operation for the purpose of storage of annual field crops or the recycling or recovery of animal wastes. An agricultural operation is as that term is defined in the relevant sections of the Agriculture and Markets Law of the State of New York.
(c)
Submission requirements. The applicant shall provide the following information, as prepared by a New York State licensed professional engineer, to the Planning Board for review at the time of the application:
[1]
A site plan that indicates property lines, buildings and appurtenances, roads, parking areas, drainage patterns, elevation contours, location of residences, potable wells and surface water bodies, including wetlands, both on the subject site and within 200 feet of the boundaries thereof. All requirements of § 235-16.5, Required site plan procedure and standards, of this chapter must be met.
[2]
A facility operations plan must be submitted indicating the times of operation, expected quantities of material to be received and processes to be used. This plan must include an outline of throughput duration, operations and maintenance schedules, equipment processes, including distribution of product, as well as the time frame other materials will remain on site.
[3]
A description of the source, quantity and quality of material proposed to be processed at the facility.
[4]
A description of facility operations, including a list of equipment to be used, including trucks, expected travel routes and methods of application.
[5]
Odor, dust and vector control plan.
[6]
Written notification that the requirements of Part 360 have been met. If a NYSDEC permit is required, written notification from the NYSDEC must be submitted. All SEQR and permit applications and determinations shall be coordinated at the discretion of the Planning Board and/or otherwise if required by law. In all circumstances, if the provisions of this chapter impose a more stringent standard, such provisions shall control. If a NYSDEC permit is not required, the applicant must, nevertheless, comply with requirements of the Part 360 regulations and all revisions thereof and the requirements of this chapter to the satisfaction of the Town Planning Board.
[7]
A contingency plan for use in the event of an on-site emergency. The contingency plan must be submitted to and be approved by the Town of Montgomery Planning Board after referral to the appropriate fire company and other emergency service agencies.
[8]
Financial assurance estimates and proposed form of surety as per § 235-15.4C(37)(f).
[9]
A proposed facility closure plan.
(d)
Siting and design requirements.
[1]
The facility must be located on a suitable base material to ensure stability and accessibility.
[2]
Approach roads to the facility and access roads within the facility must be constructed for all weather conditions and maintained in passable conditions at all times to allow for access by firefighting and emergency response equipment.
[3]
The site and facilities shall generally be level and well drained and must be free of standing water with the exception of fire suppression or other mitigative facilities.
[4]
Depth to seasonal high groundwater table must be greater than 24 inches at all points where operations occur.
[5]
Surface water drainage must be diverted away from the operating and storage areas.
[6]
The facility must have adequate water supply for operations and dust control.
[7]
The facility must meet the setback requirements specified in the Table of Bulk Requirements for Composting, Recycling Handling and Recovery Facilities in this chapter.[5]
[Amended 11-3-2022 by L.L. No. 13-2022]
[5]
Editor's Note: Said table is included as an attachment to this chapter.
[8]
The facility must comply with the provisions of § 235-11.9 (Performance buffering).
[Amended 11-3-2022 by L.L. No. 13-2022]
[9]
Access to the site shall be controlled to prevent unauthorized dumping during nonbusiness hours. The operator shall establish a procedure and mechanism for proper disposal of orphaned waste at an approved disposal facility.
[10]
In no case will any facility operation be located on a 100-year floodplain or regulated wetland.
[11]
The loading and unloading areas must be adequate in size and design to facilitate efficient unloading and loading of vehicles and the unobstructed movement of vehicles.
[12]
The facility may only be sited as a special permit use as specified pursuant to this chapter.
[13]
The facility must be designed in accordance with the specifications in the Table of Bulk Requirements for Composting, Recycling Handling and Recovery Facilities in this chapter.
(e)
Operations. The applicant must submit an operations plan which provides an overview of daily operations and maintenance schedules, equipment, including without limitation construction vehicles and schedules for the transfer and/or sale of recycled goods or finished products. The term "operations" shall also include the storage of any and all materials. The operations plan must demonstrate that the following criteria will be met:
[1]
General.
[a]
Dust from operation areas and roadways shall be controlled so as to not migrate off site.
[b]
No materials shall be allowed to blow off site.
[c]
All odors must be controlled in a manner to prevent a nuisance to off-site properties and as described in the operations plan.
[d]
The owner/operator must maintain daily operational records for the facility, yearly truck quantities of each type of material entering and leaving the facility, the mechanism used for processing the material and a listing of end uses of this material. This information must be summarized and submitted to the Town Planning Board in the form of a facility report every six months from the date of approval or at more frequent intervals if, in the judgment of the Planning Board, such more frequent submittals are required.
[e]
Fire precautions must be made to reduce the risk of ignition and fire at the facility. This will include, at a minimum, limiting smoking, welding, storage of flammable liquids and open fires to areas with less risk.
[f]
Provisions for vector and insect control must be made so as to limit on- and off-site impacts.
[g]
Any changes to the facility design or operations as submitted to the Town Planning Board in the original application shall be submitted to the Town Planning Board for review and for approval as a site plan modification.
[i]
All facilities regulated under this § 235-15.4C(37) shall operate only during the following hours: 7:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturdays. No operations shall be conducted on Sundays and the following holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
[2]
Additional operations requirements for composting facilities.
[b]
In addition, all composting facilities receiving/processing more than 10 cubic yards (CY) per week of organics must comply with this chapter and § 235-15.4.
[c]
The facility must utilize a steady supply of balanced feedstock to allow composting operations without significant stockpiling of one type of material.
[d]
Yard waste or compost product may not be stored on site for more than 12 months.
[e]
Compost piles must be turned when reaching excessive ranges of heat 145° F., when in need of aeration and/or when the pile is becoming anaerobic.
[f]
Finished compost product stored on site must be sufficiently mature so as to not produce nuisance conditions on off-site properties, including odor, vector attraction and potential for fire.
[g]
Material that is not to be managed on site must be removed within 10 days. This includes solid waste and other materials not approved for processing on site by the Town.
[h]
The decomposition process will be properly managed and maintained in an aerobic condition to prevent unnecessary odors. The temperature of compost piles shall be monitored and recorded regularly during the decomposition process. The temperature records must be submitted to the Town Planning Board as part of a biannual or more frequent facility report, the substance and contents of which shall be determined as a condition of the permit.
[i]
To reduce pathogen and weed seed growth, the piles must have a recorded temperature of at least 55° C. or 140° F. for three consecutive days prior to finished product distribution.
[j]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of composting facilities.
[3]
Additional operations requirements for recyclable handling and recovery facilities.
[a]
At a minimum, all requirements of 6 NYCRR Part 360-12 must be met.
[b]
Trucks transporting recyclables must be removed within one week of being filled to capacity.
[c]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of recyclables handling and recovery facilities.
[d]
All on-site storage shall occur inside of an approved structure or contained within a covered roll-off or other acceptable container.
[4]
Additional operations requirements for waste tire storage and processing facilities.
[a]
Waste tire storage and processing facilities must, at a minimum, meet the requirements of 6 NYCRR 360, Subpart 12, and § 235-15.4C(37)(c). If the processing facility requires tires, the requirements of 6 NYCRR 360, Subpart 13, must also be met.
[b]
Facilities storing 1,000 or more tires at any time during a year or a facility processing 1,000 or more tires per year must comply with this subsection, including the requirements listed below.
[c]
Trailers transporting tires, either whole or processed, must be removed from the site or placed within the approved structure within one week of being filled to capacity. Each trailer must be registered with the NYSDEC under a valid waste transporters permit pursuant to 6 NYCRR Part 364. Not more than six trailers may be stored at any one time on sites of under three acres. For sites in excess of three acres, two additional trailers may be stored for each additional acre.
[d]
The owner/operator must have established markets for the timely removal of tires.
[e]
Unprocessed tires not otherwise stored in trailers per the requirements herein must be stored inside of a structure that is acceptable to the Town Planning Board. Such a structure shall at a minimum consist of a roof, four walls and a foundation to adequately secure the tires from the elements and to prevent vectors from having unrestricted access to the facility.
[f]
Tires received must be appropriately sorted and stored immediately upon receipt.
[g]
Waste tire storage areas must be accessible on all sides to firefighting and emergency response equipment.
[h]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and record upkeep of waste tire storage and processing facilities.
[5]
Additional operations requirements for construction and demolition debris processing facilities.
[b]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) shall be paid to the Town to facilitate inspections and recordkeeping of construction and demolition debris processing facilities.
[c]
All construction and demolition processing shall be performed wholly within an approved structure.
[6]
Additional operations requirements for transfer stations.
[b]
Facilities handling 1,500 tons per year or 6,000 cubic yards per year or more of solid waste must comply with this subsection.
[c]
Solid waste must be removed within five days of receipt at the facility or whenever transfer containers are full, whichever comes first.
[d]
Transfer stations that store, collect or process recyclables must also comply with § 235-15.4C(37)(e)[3] of this section.
[e]
Transfer stations that collect, store or process compostables must comply with § 235-15.4C(37)(e)[2] of this section.
[f]
Transfer stations may not compost solid waste under this subsection.
[g]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of transfer stations.
[h]
All transfer station operations shall be performed wholly within an approved structure.
[7]
Additional operations requirements for wood-chipping facilities.
[a]
At a minimum, all requirements of 6 NYCRR Part 360-5 must be met.
[b]
In addition, all wood-chipping facilities receiving/processing more than 10 cubic yards (CY) per week of wood chips must comply with this chapter.
[c]
Wood chips may not be stored on site for more than 12 months.
[d]
Wood chip piles must be stored in a manner that will prevent them from decomposing on site.
[e]
Finished product stored on site must not produce nuisance conditions on off-site properties, including odor, vector attraction and potential for fire.
[f]
All finished product must be stored inside of an approved structure or must be covered by impermeable material to protect the material from the elements and to prevent decomposition of the material on site.
[g]
A post-permit monitoring fee in accordance with § 235-15.4C(37)(i) of this chapter shall be paid to the Town to facilitate inspections and record upkeep of wood-chipping facilities.
(f)
Financial assurance.
[1]
The owner and operator of the proposed facility will be required to provide for financial assurance for facility closure, and such financial assurance shall be in addition to and not in lieu of any other security posted with any other federal, state or county regulatory agency. The forms of financial assurance acceptable to the Town of Montgomery include an irrevocable letter of credit, closure trust fund, or passbook assignment. The mechanism for closure financial assurance must be approved by the Town Board.
[2]
Surety must be in an amount equal to the disposal cost of maximum facility capacity plus associated transport, cleanup and handling fees to be determined by the Town at the time of application. Disposal costs are based on the current tipping fees at the Orange County transfer station multiplied by the facility maximum capacity. In the event that the Town Board determines that the surety is not adequate to properly close the facility, then, upon written notification to the permit holder, the Town Board may modify the surety requirements accordingly. Upon receipt of such notification, the permit holder shall provide evidence of surety to the Town Board within 30 days.
(g)
Penalties and remedies. The failure to maintain and operate the site as required by these regulations shall be grounds for enforcement as noted in § 235-16.10 of this chapter and any revisions thereof with the following attendant penalties therein:
[1]
If the Town Building Inspector or his deputy determines that a facility is operating in contravention to its approved site plan and/or facility operations plan and/or special permit use permit, the Inspector shall serve notice to the owner and/or operator of the facility as specified in § 235-16.10 of this chapter.
[2]
Such notice will require the owner and/or operator to take action immediately after service of the notice. If the violation is not remedied within a reasonable time after said notice, fines may be imposed by the Town in the amount of 2% per week of the estimated facility closure cost as calculated under § 235-15.4C(37)(f).
[3]
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be taken to correct or abate such violation of this chapter.
[4]
Notwithstanding the above, if the Town Building Inspector or his deputy determines that immediate remedial action must be taken to prevent a potentially hazardous condition from causing damage to persons and/or property, the owner and/or operator of the facility or the person on the site with the most authority of the owner and/or operator, if different, shall be served with a written notice advising of the immediate action to be taken and that failure to immediately undertake such action and pursue to completion with all due diligence shall result in a call of all or a portion of the financial security without further notice.
(h)
Renewals.
[1]
Permits issued by the Town of Montgomery Planning Board for any and all facilities and operations shall be valid for a period of two years from the date of issuance. The permit holder shall notify the Planning Board Chairman and Town Building Inspector, in writing, at least 120 days prior to the expiration date of the permit to either i) indicate that the facility is being closed in accordance with the approved closure plan on file with the Town; or ii) make formal application to the Planning Board for renewal of the permit. Formal application to the Town shall include a certification signed by the applicant and owner attesting that the facility is currently operating in compliance with all applicable requirements of this chapter and the permit for the facility as issued by the Planning Board. The formal application for renewal shall also include such information as deemed necessary by the Planning Board to authorize the Planning Board to meet the requirements specified in § 235-15.4C(37)(h)[2] below.
[2]
Upon notification from the permit holder that the permit is to be renewed, the Town Planning Board shall review the compliance records of the permitted facility and may require the applicant to update the operations plan, closure plan and/or site plan to address deficiencies in current operations and/or the application of new technologies or changes in applicable regulations, or make other necessary modifications as deemed necessary and appropriate by the Planning Board. The Town Planning Board may also require changes to the form or amount of financial assurances provided for closure of the facility, subject to the approval of the Town Board. The Planning Board is not required to convene a public hearing for permit renewal applications intended to be approved by the Planning Board but, in its discretion, may convene such public hearings.
[3]
If the Planning Board determines that there exists a basis to deny the completed renewal application, it shall notify the permit holder of its intent in writing. The Planning Board shall issue its formal written notice of intent within 45 days of receipt of a complete renewal application. Once the Planning Board issues this written notice of intent, the Planning Board shall schedule and convene a public hearing for purposes of receiving evidence on the issue of the permit renewal application.
(i)
Monitoring fees. In connection with any and all permits granted hereunder, the permittee shall pay to the Town of Montgomery within 14 days of issuance of the permit a post-permit monitoring fee representing the estimated expense of the Town of Montgomery in monitoring the subject facility for a one-year period for compliance with the permit or permits herein granted. Prior to issuance of the permit or permits, the Planning Board shall submit to the Town Board a written recommendation as to the proposed first-year monitoring fee. The applicant and the proposed permittee, if different, shall be provided with a copy of such written recommendation. Within 30 days of receipt of such written recommendation, the Town Board, at a public meeting, shall establish said fee after providing the applicant and/or permittee with an opportunity to comment on the fee issue only, either orally or in writing.
[1]
This fee may be adjusted on an annual basis by the Town Board. If an adjustment is made, the permittee must have prior notice of same and must be presented with an opportunity to be heard.
[2]
Failure to pay the initial fee and/or failure to pay the annual fee shall be grounds to revoke said permit or permits.
(38)
Repair garage.
(a)
The lot area shall not be less than one acre.
(b)
All repair garages which provide gasoline station services shall meet the requirements of § 235-15.4C(17).
(c)
Traffic circulation of all vehicles within the site and entrance and exit shall be approved by the Planning Board.
(d)
Premises shall not be used for the sale, rent or display of motor vehicles, trailers, mobile homes or boats.
(e)
The area devoted to the outdoor storage of damaged motor vehicles or parts thereof, for purposes of dismantling, insurance review or service, will be screened from view by enclosing such areas with an opaque fence eight feet high or locating them inside a building. Outdoor storage of more than five vehicles shall be regulated by the Planning Board during the site plan approval process.
(39)
Retail industry.
(a)
The lot area shall be not less than eight acres with a minimum frontage along a state highway of at least 800 feet and with an average lot depth of 400 feet.
(b)
Landscaping shall be provided along all side and rear lot lines and front facades of buildings unless waived by the Planning Board where the existing landscaping or natural vegetation is found to be adequate.
(c)
Adequate lighting and signage shall be provided based upon current requirements, and objectionable or hazardous lighting glare shall be shielded from adjacent properties or streets.
(d)
The lot shall otherwise be subject to all other dimensional requirements of the Table of Dimensional Regulations for B-1 District uses.[6]
[Amended 4-18-2022 by L.L. No. 6-2022; 10-6-2022 by L.L. No. 10-2022]
[6]
Editor's Note: Said table is included as an attachment to this chapter.
(40)
Roadside markets substantially or primarily for the sale of farm products produced on the premises.
(a)
The roadside market shall be so located as to provide adequate sight distance along the access roadway to permit customers reasonable time to turn into the site.
(b)
There shall be adequate off-street parking of sufficient depth so that the entrance areas shall not be blocked.
(c)
Entrance areas shall be so graded and stabilized as to assure convenient access to the site.
(d)
Outdoor floodlighting shall be prohibited.
(e)
Only one sign not larger than 12 square feet in area shall be permitted.
(40.A)
Self-storage centers.
(a)
Permitted activities. Only dead storage activities shall be permitted. For the purpose of this section, "dead storage" shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on the premises. Conducting an office, retail or other business use or sales from a storage unit shall be prohibited. One office facility and one accessory dwelling unit for a resident manager shall be permitted within the site in appropriately designed structures. If included, any dwelling unit must be an integral part of a principal building and shall not be a mobile home or other freestanding structure.
(b)
Inside storage required. Outside storage shall be prohibited except for boats and campers which may be stored in a special parking area not in a required front yard. Storage of all other property shall be inside a building. Vehicle parking shall be provided for tenants and employees only while they are on the premises. Except for storage of boats and campers, motor vehicles shall not be parked overnight or otherwise stored outdoors on the site.
(c)
Building locations and materials. Wherever possible, any new buildings shall be located so that their long dimension is perpendicular to the fronting street. Building facades facing the fronting street shall be on masonry construction. Minimum distance between buildings shall be 25 feet.
(d)
Minimum width of drives shall be 20 feet. Drives shall be set back from the ends of buildings by a minimum of five feet. Drives shall be surfaced with asphalt or oil and chip. Traffic direction and parking shall be indicated by signs, either freestanding or painted on the pavement.
(e)
Hazardous materials prohibited. Storage of gasoline or other vehicle petroleum products, radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited, and the operator of the self-storage center shall include a provision to that effect in any lease used to rent the storage units.
(f)
Landscaping and security. The facility must comply with the provisions of § 235-11.9 (Performance buffering). The entire site shall be fenced to prevent vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to prevent glare on adjacent properties or roadways in accordance with this chapter.
[Amended 11-3-2022 by L.L. No. 13-2022]
(g)
Drainage. All areas between buildings shall be drained by storm sewers. Any such storm sewer discharging to a surface swale or drainageway shall discharge into a detention basin with a minimum storage capacity of 1/4 acre feet per acre of impervious site cover.
(41)
School, elementary or high, public, denominational or private, having a curriculum the same as ordinarily given in public schools: See "church," etc.
(41.A)
Shopping centers. Shopping centers, including strip mall and individual "big box" retail stores, are permitted in accordance with the requirements in § 235-15.4C(2).
(42)
Senior assisted-care facility.
(a)
Minimum lot size must equal five acres.
(b)
Primary access must be to either a state or county highway unless the facility is accessory to a planned adult community.
(c)
Lot coverage must not exceed 20%.
(d)
Building setbacks must be at least 100 feet from all lot lines unless the adjacent property is part of a common plan or design, in which case that common boundary shall be regulated by the normal setbacks for that particular zone district.
(e)
This use may not contain more than 120 individual care units on one parcel.
(f)
The use must comply with the definition of a senior assisted-care facility as found at § 235-3.2 of this chapter.
(g)
All licenses required by other jurisdictions must be obtained prior to, simultaneous with or as a condition of this special permit use permit.
(h)
The minimum number of automobile parking spaces shall be one space per employee and 1/2 space per unit, and the minimum truck unloading spaces shall be two.
(i)
The Planning Board may require landscaping and screening in such amounts and in such locations as it determines is warranted under the particular facts of the application.
(j)
If the senior assisted-care facility is to provide or receive sewer and/or water services to or from other properties, the Town Board must approve the legal mechanism to accomplish the delivery of such services. The applicant shall petition the Town Board in this regard and shall provide with the petition all of the technical details necessary for the Town Board to reach an informed decision on this question. The Town Board at all times shall retain its discretionary jurisdiction in this regard.
(43)
Storage for liquefied petroleum gas (LPG).
(a)
LPG storage tanks in excess of 2,000 gallons capacity shall be set back from all lot lines at least 50 feet.
(b)
LPG storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(c)
The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility.
(d)
LPG shall otherwise be stored and handled according to the latest edition of the National Fire Protection Association Manual 58, which manual shall be kept on file in the office of the Town Building Inspector.
(e)
Aboveground storage containers shall not exceed a capacity of 120,000 gallons, nor shall the total volume of gas at any one site exceed 280,000 gallons in an I-3 District or 70,000 gallons in a B-4 or ID District. In the I-4 District, the total volume of gas storage capacity at any one site shall not exceed 360,000 gallons.
(f)
LPG storage tanks in excess of 70,000 gallons shall be set back 100 feet, and those tanks in excess of 90,000 gallons shall be set back 125 feet from all property lines.
(g)
Underground containers in excess of 2,000 gallons shall be set back 50 feet from all property lines.
(h)
No combustible material of any kind, weeds and grass shall be kept within 10 feet of a LPG storage tank or container.
(i)
LPG storage shall not be located on lands subject to ponding or flooding according to the Town Soils Map or the HUD and/or FEMA Flood Insurance Maps, unless the bottom elevation of all storage containers will be elevated to meet all applicable standards set forth in Town of Montgomery Local Law No. 4 of 2009, as may be amended from time to time.[7]
(j)
Aboveground LPG storage tanks shall be separated from each other by 20 feet.
(k)
Gallons shall be measured in terms of water capacity.
(44)
(Reserved)
(45)
Theater or motion-picture theater, other than an outdoor drive-in theater. See "arena, assembly hall."
(46)
Transfer stations. See "recycling handling and recovery facilities" and determine relevant requirements. See also Attachment 3, Bulk Requirements for Composting, Recycling Handling and Recovery Facilities, included at the end of this chapter.
(47)
Truck terminals and all nonaccessory warehouses or those accessory warehouses with more than four truck docks.
[Amended 4-18-2022 by L.L. No. 6-2022; 11-3-2022 by L.L. No. 13-2022]
(a)
Loading bays may not face street frontage areas, except where buffers with an opacity of 90% are provided along the street frontage consistent with § 235-11.9 (Performance buffering).
(b)
Truck storage, parking or running areas shall not be located within 500 feet of a residence located in a zoning district which permits residences as a use-by-right or by special use permit or 300 feet from the lot on which the residence is located, whichever is less restrictive.
(c)
Truck terminals and intensive warehouses shall be located on lots in excess of five acres in area.
(48)
Veterinarian. See "animal hospital."
(49)
Water production, supply and removal.
(a)
Not more than 90,000 gallons per day may be removed. Daily averaging is prohibited.
(b)
Retail sales are prohibited.
(c)
Bottling or other similar facilities are prohibited.
(d)
Not more than 10 truck-trailers and not more than four truck-tractors are permitted at the site at any time. The site plan must depict the acceptable loading and parking areas for such vehicles. No other commercial vehicles shall be permitted to be parked or stored on site.
(e)
Truck traffic shall avoid, where possible, travel within residential zones to access the state and county road system.
(f)
A wellhead protection plan shall be provided as developed by a geohydrologist as part of the approval of the special use permit and site plan.
(g)
A groundwater study shall be prepared to describe the impacts on adjacent area wells within an area to be determined by the Planning Board based on the anticipated average daily water withdrawal and other relevant factors.
(h)
Any New York State Department of Environmental Conservation and/or Orange County Department of Health approvals, as may be required, must precede final Planning Board approval.
(i)
Landscaping, lighting and traffic flow on the site must be approved by the Planning Board in connection with all other plan requirements.
(j)
The permittee must install and maintain a water meter, at its sole expense, and must maintain accurate production records, which records must be available for inspection by Town personnel upon demand.
(k)
The application for this permit must include a description of the operation, estimated volume of production in gallons per day, methods of storage and transport and a construction plan for related facilities. All other general special permit use requirements and site plan requirements as set forth elsewhere in this chapter shall apply to this use.
(l)
All permits granted hereunder must be renewed every three years. The applicant must apply for such renewal not less than 90 days nor more than 120 days prior to the expiration of the existing permit. Upon receipt of such application, the Planning Board may, but need not, convene a public hearing prior to ruling on the permit renewal application.
(m)
A permit issued hereunder may be revoked for cause after due notice to the permittee and after the permittee has had an opportunity to be heard on any proposed revocation.
(50)
Single-family residences in I-2 Airport District.
[Added 4-18-2022 by L.L. No. 6-2022]
(a)
No new single-family residence will be permitted to be constructed within the I-2 Airport District west of Route 211 and north of the Wallkill River except for "hangar homes" which provide an accessory hangar for storage of an aircraft owned by the residential occupant, and which maintains a "residential through the fence" agreement with Orange County Airport and complies with all relevant rules and regulations of the United States Federal Aviation Administration.
(b)
Single-family homes in the I-2 District shall meet the dimensional requirements of the RA-1 Medium Density Zoning District.
(51)
Conference centers.
[Added 4-18-2022 by L.L. No. 6-2022]
(a)
Conference centers offering overnight accommodations shall conform with all special permit use requirements applicable to hotels, except that there shall be no limitation on the percentage of floor area that may be devoted to conference rooms.
D.
Special permit use and/or site plan public hearing procedure.
(1)
Application for a permit authorizing a special permit use and/or site plan shall be made directly to the Planning Board in the form required by the Planning Board, accompanied by a filing fee payable to the Town Clerk and a site plan according to § 235-16.5.
(2)
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board, and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 235-15.2B(1) through (4) for applications to the Zoning Board of Appeals for variances.
(3)
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal or unless or until the said Planning Department has indicated that the type of application is one that it will not review, whichever event first happens.
(4)
Unless otherwise superseded, the provisions of Town Law §§ 274-a and 274-b shall control the special permit use and site plan permitting jurisdiction of the Planning Board. Town Law § 274-a(8) (Chapter 694 of the Laws of 1992, effective July 1, 1993), and § 274-b(6) (Chapter 694 of the Laws of 1992, effective July 1, 1993), are hereby superseded to the extent that the requirement that every decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered shall be deemed to be the date such written decision is approved by resolution of the Planning Board.
(5)
A record shall be established of all special permit uses granted pursuant to action of the Planning Board under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
(6)
Upon the granting of a permit for a special permit use and/or site plan approval by the Planning Board, the Secretary of the Planning Board shall transmit written approval of such use to the Building Inspector prior to his issuance of a building permit for the special permit use and/or site plan.
(7)
Building permits authorized by Planning Board actions on special use permit and/or site plan applications, including site plan applications approved by the Building Department, shall be obtained within 18 months and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year from the date site construction and/or site disturbance begins, or as otherwise indicated in the site plan approval or any approved phasing plans. If no building permit is received within 18 months, or that building permit expires, three extensions of 12 months each may be granted by the Planning Board where good cause is shown, after which a new application must be submitted for reapproval of the site plan and special use permit if any. The Planning Board is authorized to waive or lower the special use permit and/or site plan review fee for reapproval of a special use permit and/or site plan, where it finds that the application for reapproval is substantively identical to a previously approved permit and/or plan, and where there are no or limited changes to background conditions and the regulatory environment, thereby only requiring a cursory review. Any site plan that has been approved prior to October 1, 2020, and that has been given an extension by the Planning Board (or the Town Board for special uses that were subject to Town Board approval) shall be subject to the terms of that extension, after which upon expiration of the approved extension shall be permitted to apply to the Planning Board for up to three extensions of 12 months each subject to the terms of this requirement.
[Amended 4-18-2022 by L.L. No. 6-2022]
(8)
The fee for applications to the Planning Board shall be in accordance with the current Town Fee Schedule.[8]
[8]
Editor's Note: The Fee Schedule is included as an attachment to this chapter.