The intent of these regulations is to provide for and permit in a controlled manner temporary emergency staging facilities needed to better ensure a timely and efficient response to a natural disaster or other health and safety emergencies by public utility service providers. Land use activities associated with a temporary emergency staging facility are characterized by their short term (i.e., for the duration of an emergency condition) and need for a coordinated location to mobilize public utility crews in greater numbers than otherwise utilized to maintain standard daily operations. Such temporary emergency staging activities, which if permanent, would not otherwise be allowed by the underlying district. Such temporary use has no inherent rights within the zoning district in which located.

The nature of the permitted temporary use shall be such that normally it will be in harmony with the general purposes of this chapter and in harmony with the appropriate and orderly development of the district in which it is situated and adjacent districts, and will not cause or result in:

During emergency events. The following limited uses and activities shall be permitted, in accordance with conditional use and site development plan approvals, during a period of an emergency event:

During nonemergency periods. The use of an approved emergency staging facility shall be limited to the following during nonemergency periods:

Uses and activities not specifically permitted above.

Nonemergency use, staging and storage activities (i.e., use and activities otherwise associated with regular maintenance or standard daily operations and services).

Utility installation and construction staging and storage unrelated to an active and ongoing response to an emergency event.

Bulk fuel storage used for vehicles and equipment.

Installation and use of temporary buildings and structures during nonemergency periods.

Maximum building coverage, including permanent and temporary buildings and structures shall not exceed 2% of the lot area.

No single building or structure shall exceed a gross floor area building footprint of 8,000 square feet.

No single building or structure shall exceed one story and 20 feet in height.

Maximum development coverage shall not exceed 30% of the lot area.

All buildings, structures, internal circulation driveways (except at point of street access) and staging activities shall be no closer than 100 feet to any property line.

Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.

Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed so as to avoid unsafe conditions.

An adequately configured and designed internal circulation system shall be provided, including a surface treatment deemed acceptable by the Planning Board. Pervious surface material shall be used to the maximum extent practicable. Appropriate stormwater management controls shall be required.

Existing site vegetation shall be preserved to the maximum extent practicable, thereby minimizing site clearing and disturbance.

Buildings, structures and staging areas shall be located so as to minimize visibility from adjacent properties and abutting streets.

At minimum, perimeter screening and buffering, as approved by the Planning Board, shall be provided and maintained within the area of applicable setbacks. The Planning Board may require expanded screening and buffering between any component of the site and adjoining properties, given the site proposed use, the use of adjoining parcels, and the natural topography and vegetative cover.

The Planning Board may require security fencing be located around staging areas to address safety concerns given the temporary nature of the use.

Site staging operations.

Location and containment of all materials and equipment storage.

Safety measures to be employed to control the site, staging activities and the well-being of crew personnel and the surrounding neighborhood and adjacent land uses.

Schedule for breakdown and site cleanup to be implemented following an emergency event.

Schedule for ongoing site maintenance controls and measures.

Copies of typical "Notices" to be sent to the Building Inspector at the onset of an emergency (at a time convenient) and within seven days of site cleanup following an emergency event utilizing the facility.

A reporting component as deemed acceptable by the Planning Board.

The minimum lot area shall be 2 1/2 times greater than the minimum area required by the bulk regulations for the zoning district in which the residence is located, unless in the opinion of the Board of Appeals a greater or lesser amount of area is warranted by specific circumstances including compliance with SEQRA.

The principal dwelling must have a certificate of occupancy for at least one year prior to construction of a second accessory apartment.

Clubhouse with locker facilities, snack bar, kitchen, club dining and bar rooms, pro shop, office.

Related structures to support permitted indoor and outdoor activities.

Golf practice putting greens.

Golf practice range (excluding the use of netting to constrain golf ball flight).

Maintenance facilities.

Such additional accessory structures and accessory uses incidental to the operation as may be approved by the Planning Board.

One apartment with or without kitchen facilities for the use of the hotel manager or caretaker and his family within the hotel building.

One coffee shop for hotels with no more than 100 sleeping accommodation units. For hotels with over 100 sleeping accommodation units, a restaurant with bar facilities and a coffee shop are permitted. Such facilities shall be located within the hotel building.

Amusements and sports facilities for the use of hotel guests, including:

Office and lobby, provision of which shall be mandatory for each hotel.

Meeting and/or conference rooms and banquet facilities.

Any building or structure housing animals or open areas where said animals are allowed to be shall be set back as far as possible from all abutting residential used property.

All buildings and structures housing animals shall be structurally sound and shall be maintained in good repair to protect the animals from illness or injury, to contain the animals and to restrict the entrance of other animals.

Methods shall be used to reduce off-site noise such as use of sound-barrier insulation materials in structure walls. Noise generated by animals shall not be discernible beyond 200 feet of the structure, or the nearest off-site residential structure, whichever is nearer.

The building shall be properly ventilated to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of the animals and sanitation. Areas where animals are kept must be air conditioned and heated so that any windows, doors or other openings can be closed at all times, with the exception of ingress and egress into the area.

There shall be no external runs, no outside retaining of animals, nor any provision of services outdoors, except animals may be walked or exercised outdoors while leashed in approved designated areas.

Animals shall be kept in appropriate containment units with insulation to further abate noise.

All animal cages and enclosures shall be of sufficient size to provide each individual animal with adequate room for exercises and general proper accommodations. Containment facilities shall be of sufficient space to allow the animals kept therein to be comfortable and shall be large enough for animals to stand up in, to lie down, and to turn around comfortably.

All enclosures shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. Animal feces shall be removed daily.

No animal shall be left unattended for more than 12 consecutive hours.

Boarding of animals, other than sick and recuperating animals that are receiving short-term treatment, may be permitted as an accessory use, provided said boarding occurs wholly inside a principal building designed and constructed with noise abatement controls. In issuing a conditional use approval, the Planning Board shall stipulate the maximum number and type of animals to be boarded. That number shall not exceed the quotient of 10,000 square feet of net lot area per 100 pounds of animal body weight characteristic of the species so boarded. The square footage of the net lot area is that area of the lot, excluding the area of any required yards.

Only domestic animals (household pets) may be boarded.

The total area designated for boarding within the building shall not exceed 30% of the gross floor area of the facility.

No more than one employee dwelling unit per five stable stalls and per four acres of lot area in excess of the first 10 acres shall be permitted. No more than a total of five employee dwelling units shall be permitted. The maximum floor area of any one employee quarters shall not exceed 500 square feet, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances.

Two off-street parking spaces shall be provided for each employee dwelling unit.

The setbacks and yards of the principal use shall apply to this subsection.

Employee quarters shall be located in existing structures wherever feasible but not occupy more than 50% of the ground floor area of the structure. There shall be no change in the general character and appearance of the structure in which the employee quarters is located.

Smoke detectors shall be provided in each bedroom.

There shall be no more than three employee dwelling units in a structure.

All vehicles at service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck, other vehicles, or trailer rentals shall be permitted.

There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.

Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the motor vehicle service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items outside of such enclosure.

No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.

During the hours that a service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.

All landscaped areas designated on the service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.

A minimum of two queuing waiting spaces (measuring nine feet by 20 feet each) shall be provided prior to side of each pump island lane. Queuing lanes shall not impede or obstruct parking spaces, internal travel circulation or be situated in site entrance driveways or abutting street rights-of-way.

Bypass lanes, a minimum width of 12 feet, shall be maintained on either side of each pump island lane.

The terms of any approval for a motor vehicle service station shall require the owner and operator to post a bond in the amount recommended by the Planning Board to the Town Board based on an estimate approved by the Town Engineer to cover the cost of the removal and disposal of the fuel storage tanks and associated facilities in accordance with applicable federal and state laws and regulations. The bond shall be maintained for so long as the motor vehicle service station remains in place. The Planning Board may recommend to the Town Board that adjustments be made to the amount of the bond periodically, and may require the submittal of a new or modified bond, based on an estimate, by or approved by the Town Engineer, of the cost of the removal and disposal of the fuel storage tanks and associated facilities.

In any approval for a motor vehicle service station, the Planning Board shall require an irrevocable commitment from the owner of the station to defend, indemnify and hold the Town of North Salem, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorney's fees, arising directly or indirectly from the construction, use or operation of approved facilities.

Removal of abandoned fuel storage tanks and associated facilities.

Orchard or vineyard.

Museum.

Churches or other places of worship.

Equestrian, livestock, agricultural or similar show.

Bed-and-breakfast establishments.

Maximum number of persons to be served.

Hours and type of operation.

Provision for adequate off-street parking.

Approval by the Westchester County Department of Health.

Mitigation measures to abate and minimize potential exterior noise and/or lighting impacts.

Duration and hours of operation of events.

Minimize the total number of towers and tower sites throughout the Town by utilizing existing buildings and structures, repeaters and other means of deploying telecommunication facilities without the need for towers, particularly towers visible for long distances, visible across open landscapes, or which pierce the surrounding tree canopy.

Encourage the collocation or shared use of proposed and existing tower sites, including multiple shorter towers instead of one higher tower.

Encourage the location of towers and antennas, to the extent possible, in areas where the adverse impacts on the community are minimized.

Encourage the configuration of towers and antennas in a way that minimizes the adverse visual impact of the towers and antennas.

Enhance the provision of telecommunication services within the borders of the Town of North Salem.

The proposed use shall conform to the general requirements and procedures of this Zoning Ordinance pertaining to conditional uses as stated in Article XII, regarding conditional uses, and Article XIII, § 250-65, regarding general conditions and standards. The required application for site development plan approval, for a conditional use, shall conform to the requirements and standards in Article X, regarding site development plan review, and the related regulations in Chapter A267, regarding site development plan rules and regulations.

Where an application involves the addition or removal of antennas or other equipment onto or from the site of an existing communication tower and facilities (or "tower facility") by the current users or operators of said facilities, such application may, at the discretion of the Planning Board, be considered exempt from the procedural requirements for a conditional use approval and the related site development plan approval. Exemption from conditional use or site development plan approval procedures shall only be granted for proposed development that complies with the criteria below and shall be subject to a subsequent building permit:

Name(s) and address(es) of persons preparing submitted plans, reports and information.

Name(s) and address(es) of the property owner, operator and applicant.

Elevations and details of the proposed structure including the height, width, depth, location and configuration of guy wires or other anchoring devices, type of materials, color(s), lighting, the number and type of all proposed antennas, and receiving and transmitting equipment and other relevant information for all existing and proposed structures, equipment, parking and all other related improvements. The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the collocation of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of collocation of additional facilities. The site plan shall also include a description of the proposed communication tower and facility and such other information that the Planning Board requires.

The site development plan shall indicate the location of the proposed access to the site including the location of access to a suitably improved roadway, the length, width, grading, drainage, snow storage area and driveway profile and proposed surface material(s). The proposed access shall be used only for the purposes of operation, maintenance and repair of the communication tower and facilities. Any proposed fence or gate related to the access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities.

A visual EAF addendum shall accompany the full environmental assessment form (EAF) to be submitted with the site plan. Following review of the visual EAF addendum, a visual impact analysis or study may be required to further assess the visual impact of a proposed tower facility. Any visual assessment shall consider the effects of any proposed or potential plans for collocation and shall include additional development alternatives or scenarios, as appropriate, to properly consider the effects of collocation. The consideration of alternative designs may be requested as part of the visual assessment, such as flagpole technology (a monopole with internal antennas), a camouflaged pole and antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles and connection with a fiber optic network, if available, or other designs that may provide for the mitigation of visual impacts. The methodology for any visual analysis should be approved by the Planning Board and shall address impacts on nearby viewsheds, ridgelines, scenic features and historic sites and structures identified as significant, as well as compatibility with nearby land uses. The Planning Board may consider methodologies, including but not limited to, the following:

A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height (dbh) or larger and the height of the surrounding treeline, and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements such as fences and walls, shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance.

A statement about safety measures related to the project, such as fencing to prevent access to the tower structure and related equipment.

Documentation sufficient to demonstrate that the proposed tower height is the minimum height necessary to provide licensed communication services to locations within the Town of North Salem which the applicant is not able to serve with existing facilities in the project site area. Additionally, documentation regarding height should address any variations in height necessary to accommodate collocation of antennas or other equipment by other users or operators.

An affidavit by the applicant regarding whether the construction of the facility will accommodate the collocation of additional communication antennas or facilities for future users, when technically and economically feasible, may be required. Said affidavit should examine the following:

A report prepared by a New York State licensed professional engineer specializing in structural engineering about the structural integrity of the proposed communication tower and facility. The report shall demonstrate the structure's compliance with applicable standards and shall describe the structure's capacity, including the number and type of antennas it can accommodate, using illustrations as necessary. In the case of antennas being mounted on an existing structure, the equivalent of the above-required information shall be provided about the existing structure.

A report, certified by a qualified licensed professional, about the safety of the radio emissions of the proposed facility, including the following information:

A map which shows the applicant's existing and proposed area of coverage (propagation map), including all adjacent hand-off cells outside the Town of North Salem. The map shall locate all existing and proposed sites in the Town and in bordering communities which contain communication towers or facilities used by the operator, owner or applicant or other operators and which provide coverage in the Town of North Salem and are related to all adjacent hand-off cells outside the Town. A detailed report shall accompany the coverage map which indicates why the proposed communication tower and facility is necessary. The report shall also identify locations within the proposed project site service area which are not and could not be served by either existing or proposed facilities (depicted in the map of coverage and existing facilities), by collocation or by other development options.

When an applicant proposes to locate additional antennas or facilities on existing towers or sites (collocation), the application may include appended information from a previously approved application for the same site or facility to address application requirements. The proposed application must provide additional or updated information pertinent to the new antennas or facilities and must address related changes in conditions on or near the site. The submittal of appended materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 250-77.5B, above.

If collocation is not proposed, an affidavit stating that collocation is not feasible. Said affidavit shall examine the aspects of feasibility noted in Subsection D(9) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.

In order to assess the long-term effects of communication tower development on the Town of North Salem and areas surrounding the proposed tower site, the Planning Board may require the presentation of a long-range conceptual plan for additional communication tower and facility development by the applicant. The long-range plan shall address the possible location of additional tower sites, the related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of tower height on the number of towers in the service area.

The collocation, or sharing, of existing tower structures for mounting of proposed communications antenna(s) or equipment without increasing height or visible bulk shall be preferred to the construction of higher towers. When a new tower structure is proposed, the applicant must demonstrate that the proposed communication tower and facility cannot be accommodated on an existing facility within the project area, including areas within the Town of North Salem and nearby areas in adjacent municipalities. When an applicant proposes collocation of proposed antenna(s) on an existing structure, the applicant must demonstrate that the existing site will be properly adapted to the placement of additional antenna(s) and that multiple towers with a lower height at that site or nearby would not be less impacting. Adaptive alternative designs, as set forth in § 77.5F(4) of this chapter, of existing towers may be required by the Planning Board to minimize visual and community character impacts. As required by the Planning Board, the applicant shall address the capacity of the site and structure and necessary screening, landscaping and additional safety measures. The applicant may append previously approved plans and supportive application materials and approvals to support the location of new facilities on existing facilities.

Height and bulk.

If an applicant anticipates the potential collocation of antennas by other users on a proposed new communication tower, these facilities may be presented in the application. If specific users or operators, other than the principal applicant, are being identified by the applicant, then appropriate certification must be submitted with the application that the applicant is authorized by the other users, or that the other users are co-applicants, to properly represent such other users in the approval of the application. All application materials, plans and illustrations must clearly identify additional users' facilities and service areas as is required for the primary applicant or co-applicant, as appropriate.

A proposed communication tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that use group as stated in the Table of Bulk Requirements of the Town of North Salem Zoning Ordinance (i.e., the tower height plus the front yard setback equals the total required setback from the front lot line).[2]

Setback and gross floor area.

The Planning Board, at its discretion, may require that security fencing be located around each communication tower and facilities or related structures to secure the site, including provision for access to the tower facility through a locked gate. If required, said fencing shall be designed to minimize visual and aesthetic impacts.

Unless required by the Federal Aviation Administration (FAA), the painting or marking of towers or monopoles shall have a finish or coloring that will minimize visual and aesthetic impacts. The applicant shall consider using a galvanized finish and be painted gray or blue gray or another finish or color that is visually unobtrusive.

Unless required by the Federal Aviation Administration (FAA), or other federal, state or local agency, no signals, lights or illumination shall be permitted on communication towers. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties.

The base of the communication tower or monopole and any related structure shall be effectively screened using primarily vegetative screening such as a continuous evergreen hedge consisting of native trees and shrubs. Clearing and site disturbance shall be minimized and shall conform to all pertinent Town regulations and requirements. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure good health and viability.

All communication tower sites, towers and facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. Alternative designs may be considered such as flagpole technology (a monopole with internal antennas), multiple lower towers, a camouflaged pole, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles, or other designs that may provide for the mitigation of visual impacts. Any alternative design option considered hereunder shall be consistent with the purpose, procedures, requirements and standards of these supplementary regulations.

Signage shall be prohibited on communication tower facility sites except for an identification sign that complies with all of the permitting requirements and design standards in Article IX of this Zoning Ordinance. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.

The terms of any approval for a communication tower and facilities shall require the applicant to post a bond in the amount recommended by the Planning Board to the Town Board based on an estimate approved by the Town Engineer to cover the cost of the removal and disposal of the tower, antenna and associated facilities. The bond shall be maintained for so long as the tower, antenna and associated facilities remain in place. The Planning Board may recommend to the Town Board that adjustments be made to the amount of the bond periodically, and may require the submittal of a new or modified bond, based on an estimate, by or approved by the Town Engineer, of the cost of the removal and disposal of the tower, antenna and associated facilities.

In any approval for a communication tower and facilities, the Planning Board shall require an irrevocable commitment from the owner of the tower, antenna and associated facilities to defend, indemnify and hold the Town of North Salem, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorneys fees, arising directly or indirectly from the construction, use or operation of the tower, antenna and associated facilities.

Expiration of approval; review and renewal.

Any conditional use approval granted under this section may be revoked by the Planning Board after a hearing. The Planning Board shall provide written notification to the owner(s) of the tower, antenna and any associated facilities, at least 10 days prior to such hearing so that they may have an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the tower, antenna and associated facilities constitute a nuisance or a safety hazard, or that the conditions of the approval have been materially violated, the Planning Board may revoke the said conditional use approval.

In the event that the use of a communication tower and facilities has been discontinued for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. If there are two or more operators or users of a communication tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within five days of the determination of abandonment. Any conditional use permit or other approvals granted by the Town related to the communication tower and facilities shall automatically expire on the date the facility is deemed to be abandoned.

Removal of abandoned towers and related structures.

As deemed necessary by the Building Inspector or by the Planning Board, the Building Inspector may require certification of compliance with all FCC standards and requirements related to the operation of the communication tower and facilities. Such certification shall be prepared by a qualified engineer or other qualified specialist. Additionally, the facility may be inspected by a qualified representative of the Town. If deemed necessary, testing may be conducted at the owner's expense.

Alteration of an existing communication tower or monopole, antenna or any related building or other structure or improvement, including a plan for the collocation of facilities, which results in a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be permitted only after application to the Planning Board. The application shall be reviewed as if the alteration were a new application for a conditional use permit, and a new application for site development plan approval, and may include appended materials from a previous approval.

The application for alteration of an existing communication tower and facilities may be exempt from application procedures, provided that the proposed alteration complies with the standards for such exemption, as provided in Subsection B.

No more than one employee dwelling unit per 10 acres of lot area shall be permitted. The maximum floor area of any one employee quarters shall not exceed 500 square feet unless, in the opinion of the Planning Board, a greater or lesser amount of floor area is warranted by specific circumstances.

Two off-street parking spaces shall be provided for each employee dwelling unit.

Employee quarters shall be located in existing structures wherever feasible.

The milling and sale of lumber products; and

The storage, processing or handling on site of contaminated materials; waste materials as defined in 6 NYCRR Part 360; or hazardous materials as defined in 6 NYCRR Part 371.

A seasonal outdoor restaurant seating facility shall be owned and operated as an accessory use by a related authorized principal or accessory restaurant use.

A seasonal outdoor restaurant seating facility shall be utilized solely for the consumption of food and beverages prepared, served and/or sold on the premises of and by the related principal or accessory restaurant.

A seasonal outdoor restaurant seating facility shall be adequately screened and buffered to protect adjacent properties from visual, lighting, noise, odor and other environmental impacts.

Areas devoted to seasonal outdoor restaurant seating shall be located directly adjacent to and common with the related principal or accessory restaurant on a stable base, such as a constructed deck, porch, terrace or patio area.

All features and elements of a seasonal outdoor restaurant seating area shall be in compliance with the lot and bulk standards applicable to the respective district and related principal or accessory restaurant use.

A seasonal outdoor restaurant seating area shall be in accordance with the Americans with Disabilities Act (ADA)[1] and shall provide direct pedestrian access to and from the related principal or accessory restaurant.

The design and any architectural or structural elements or improvements of a seasonal outdoor restaurant seating area shall be integrated with that of the related surrounding community.

Parking areas.

Designated walkways. (For the purpose of this section, designated walkways shall include those areas of walkways and/or sidewalks which serve as the pedestrian access to buildings and structures or other site uses, such as parking areas and adjacent streets; clear ADA walkway access must be provided and maintained.)

Minimum yard setback areas, pursuant to the requirements of the underlying zoning district and that applicable to the related principal or accessory restaurant, whichever is more restrictive.

Required landscaping areas, areas devoted to septic disposal or water supply, or as otherwise determined inappropriate by the approving agency.

Permissible months of use shall be set by the Board and shall be no more than May through October.

Permissible hours of use shall be set by the Board and shall be no longer than between 10:00 a.m. and 11:00 p.m.

Permissible number of uses shall be set by the Board and shall be no more than twice in one week and no more than once per weekend. The Board may also set the maximum number of uses per year.

Any permitted use shall comply with the performance standards as set forth in § 250-58 of this chapter.

Opening and closing times.

Total enrollment and staff and maximum number of children on site at any one time.

Discussion of special events, such as large group meetings, parent meetings or open-house days. Estimated dates and time schedules shall be included.

Staff arrival and departure times.

Student arrival and departure times.

When a child day-care center is permitted as accessory use, the net gross floor area of the child day-care center in proportion to the principal use shall not be greater than 20% of the principal use and shall be located therein, excluding exterior play areas.

The Planning Board may modify the requirements of this section for uses within the properties of churches or other places of worship or schools where such modification will not have the effect of nullifying the intent and purpose of these regulations.

Child day-care centers shall only be established in fire-resistive buildings which conform to all provisions of the New York State Uniform Fire Prevention and Building Code.

An interior floor plan, drawn to scale, shall be provided showing planned occupancy and use of all interior areas to be utilized by the child day-care center, including emergency evacuation routes, and fire and safety features, such as but not limited to sprinklers, fire/smoke detectors, audio and visual alarm systems, exits, windows, doors, stairwells and interior and exterior safe-haven areas.

Interior floor areas for child day-care centers shall only be located within a ground floor with exterior at-grade access and shall not be located in basements or upper floors lacking at-grade access.

The interior floor plan shall show and identify all access locations with respect to required dropoff/pickup areas and outdoor play areas for the child day-care center.

All noxious, toxic and/or otherwise harmful equipment and/or chemicals shall be kept in a separate, locked storage area, an adequate and safe distance from the usable areas inside and outside the facility.

Child day-care centers located in a building with other uses shall also show the interior floor plans for the floor on which the day-care center is proposed to be located, indicating all other uses in the entire building and protective separation therefrom.

A designated outdoor play area adequate for active play shall be provided, the gross area of which shall be a minimum of 125 square feet per child for children up to six years of age and 250 square feet per child for children older than six years of age.

The location of the outdoor play area shall be separated from adjacent streets, driveways, off-street parking and loading areas and required dropoff/pickup areas to ensure the safety of the children and staff, as follows:

The outdoor play area shall be free from any condition which is hazardous and/or dangerous to the health and safety of the staff and children using the area.

The surface material and construction components of fencing and play apparatus shall be of a suitable type for recreational purposes and which ensure the safety of the staff and children of the child day-care center.

The ground surface of the outdoor play area shall be covered by cellulose mulch or other suitable material type for recreational purposes.

Direct access shall be provided to and from the building to the designated dropoff/pickup area for the loading and unloading of children from vehicles. The area shall be located so that children do not have to walk across the parking area or traffic areas to reach a vehicle or the related facilities of the center.

The dropoff/pickup area shall provide one-way traffic flow with a separate standing area consisting of a minimum of one dropoff/pickup space for each 15 children of the center's licensed capacity. A "dropoff/pickup space," for the purposes of this subsection, shall mean a temporary vehicle standing area, measuring 20 feet long by 12 feet wide for perpendicular parking or 22 feet long by 12 feet wide for parallel parking, which is not within any traffic aisle; such spaces shall not be counted as required off-street parking or loading spaces.

The dropoff/pickup area and vehicle standing area shall be clearly identified by pavement markings and/or appropriate signage.

Food and beverage production, bakery and off-site catering.

Woodworking, artisans and crafters boutiques involving the creation, processing and assembling of their products.

Limited assembling of finished parts or products for wholesale and distribution, including the processing and packaging incidental to such use.

Service business and wholesale supply facilities serving other businesses, such as small machine (printers, computers and similar) repairs, wholesale restaurant supplies, party supplies and rental services.

Intellectual research and development offices, excluding any form of animal experimentation or laboratory testing.

Apparel and other textile products.

Printing and publishing.

Electrical and electronic machinery and equipment.

Metal fabrication and machine shops.

Any use not specifically listed above.

Concrete or asphalt batch plants.

Manufacture of products and merchandise involving the use of chemicals, processes or materials that might constitute a potential explosive or environmental hazard.

Slaughter plants, packinghouses, animal by-products rendering, or other such animal processing activities.

Processing or production of oil, natural gas, geothermal resources or other hydrocarbons.

Metal foundries.

Automobile and truck salvage and reclamation yards and facilities.

Automobile, truck, boat, trailer and other motorized vehicle repair or maintenance services.

Moving and storage offices and facilities.

Self-storage facilities.

Warehousing, processing and/or distribution centers.

Vehicle terminals.

It will not be in contravention of the performance standards set forth in § 250-58 of this chapter.

It will not cause or result in:

It will not be dangerous to the comfort, peace, enjoyment, health or safety of the community or abutting areas or tend to its disturbance or annoyance.

It will be in harmony with the general purposes of this chapter and in harmony with the appropriate and orderly development of the district in which it is situated and adjacent districts.

Full disclosure and a complete listing of all chemicals used or stored on the premises and any hazards associated with their exposure to heat, fire or water shall be provided with the initial application for conditional use approval.

A copy of the chemical and hazards disclosure list shall be required to be kept on file in the office of the Planning Board and Fire Inspector, and a copy shall be supplied to the local Fire Department and Ambulance Corps.

Changes or additions to the chemicals used or the potential hazards such chemicals may pose shall be provided to the Planning Board and Fire Inspector a minimum of 60 days prior to their use or storage on the premises, to provide the Planning Board adequate time to review the compatibility of same with the standing conditional use permit approval. At minimum, the disclosure listing shall be required to be confirmed or updated annually.

The means and design of associated storage of all chemicals shall be detailed as part of the required conditional use site plan, including all related safety measures and precautions to be utilized.

Accessory on-site retail sales shall not exceed an interior floor area of 1,500 square feet or 10% of the total gross floor area of the principal building, whichever is the smallest. No outdoor display or sales shall be permitted.

Accessory interior storage and warehousing shall not exceed 50% of the total gross floor of the principal building.

Accessory outdoor storage.

Gymnasium and indoor field sports.

Swimming pools.

Tennis, racquetball, handball or other similar court sports.

Riding or ice skating rings.

Sports training and instruction.

Health and physical fitness or spas.

Membership clubs, golf and country clubs, or golf driving ranges.

Motorsports, race tracks (except model gauge tracks), and go-cart tracks.

Firearms, paintball, and archery ranges.

Billiard parlors and bowling alleys.

Amusement parks and water sports parks.

Sports arenas, auditoriums and exhibition halls.

Similar facilities, whether full-size or miniature.

No single building shall exceed a ground gross floor area of 20,000 square feet.

All buildings shall be of masonry and/or wood-frame construction. Architectural elevations and floor plans shall be included in all applications for conditional use approval.

The use of exterior inflatable or seasonal structures, domes, air structures or arenas, hoop buildings or similar structures are prohibited.

All applicable state and county Health Department requirements, standards and licensing as required for an accessory food services use shall be obtained and maintained in good standing.

Passive recreation of a nonconsumptive nature, such as walking and hiking trails, equestrian trails, cross-country skiing, snowshoeing, fishing, self-propelled nonmotorized boating such as rowboats, small sailboats, canoes and kayaks.

Conservation education, ecological study, wildlife observation, bird-watching.

Low-impact and minimally intensive outdoor activities compatible with preserving natural resource functions and wildlife habitat, including an appreciation and understanding of open space and its purpose.

Grounds and facilities providing indoor or outdoor active recreation or organized sports activities, including playgrounds, sports and multipurpose fields, swimming pools, racquet sports, health and physical fitness facilities.

Overnight lodging, indoor dining halls and similar facilities.

Overnight camping.

Hunting and trapping.

Motor sports, motorized recreational vehicles, go-carts, dirt bikes and similar motorized vehicles.

All-terrain vehicles (ATVs), except for periodic maintenance and access by emergency services.

Membership clubs, golf and country clubs and golf driving ranges.

Firearms, shooting ranges, archery and paintball.

Amusement facilities, rides, parks and arcade type games.

Use of exterior inflatable or seasonal domes, air structures or arenas, hoop buildings and similar structures.

Restaurants, food service facilities, vending machines.

Sale of alcoholic beverages on the premises.

An application involving limited alteration of a site to provide new or to maintain existing passive recreation walking, hiking and/or equestrian trails may be eligible for exemption of the procedures and procurement of a conditional use permit and related site development plan approval from the Planning Board, provided the application complies with the following criteria:

To claim an exemption, an applicant shall apply to the Building Inspector, on a form as prescribed by the Building Department, detailing the proposed trail activities consistent with the exemption criteria as set forth above. The Building Inspector may request sufficient information and/or plan details to determine said consistency prior to granting an exemption. The Building Inspector may also consult with the Town Wetlands Inspector or other as deemed appropriate, and may refer any application for exemption to the Planning Board for determination or processing under the standards and procedures for a conditional use permit and/or site development plan approval.

Construction shall be by use of hand tools to the greatest extent possible.

Tree and vegetation clearing shall be limited by avoidance and diverting around trees with a diameter at breast height (dbh) of 10 inches or more, with a maximum trail clearing width not to exceed six feet.

Trail best management practices, as established by the Town of North Salem and amended from time to time, shall be implemented.

Appropriate erosion and sedimentation controls shall be implemented to ensure stabilized site conditions during trail installation and use.

Any trail signs shall be in accordance with the standards set forth in Article IX of this chapter, and all related permits for said signs shall be obtained from the Building Inspector.

Minimum lot area. Lots with buildings and structures, and/or parking areas with more than of five spaces shall have a minimum lot area of 50 acres. The Planning Board may permit a lesser minimum lot area for such lots where a conservation easement or other similar development limitation (held by the Town or a bona fide Section 501(c)(3) of the Internal Revenue Code conservation-oriented organization) restricts the subject site to remain as passive protected open space in perpetuity. Lots with no buildings and structures, and/or parking with five or fewer spaces shall have a minimum lot area equal to that of the smallest permitted minimum lot area of the underlying zoning district.

Permitted structures and facilities.

Prohibited structures and facilities.

Setbacks.

Development coverage. Maximum development coverage shall not exceed 3% of the gross lot area.

Existing trees and vegetation shall be preserved to the greatest extent practicable.

Proposed site development, permitted accessory structures and facilities shall be sited and designed to be integrated to the natural terrain and environmental setting of the site, minimizing clearing of woodlands, altering of natural landforms, and the need for extensive regrading, while maximizing the avoidance of wetlands, watercourses and associated one-hundred-foot buffers, steep slopes 15% and greater, erodible soils, ledgerock and rock outcroppings, hilltops and ridgelines.

Permitted accessory structures, facilities and access driveways shall be designed and landscaped to minimize their ground footprint and visual presence.

Existing trees and vegetation shall be supplemented as necessary to ensure a visual separation and screen of any constructed facilities from an abutting property.

New landscaping proposed shall be of type, quantity, size and design to blend into the existing environmental setting, primarily utilizing native species.

Lighting shall be kept to minimal necessary and shall be designed to match the style and scale of site accessory structures and facilities.

Fixed full cutoff shielded lights with timing devices shall be utilized and maintained to control and direct illumination patterns of light fixtures and to prevent spillage of light emissions horizontally.

Lighting, where permitted, shall be directed downward and inward to the site so that light sources are not visible from an adjacent property.

Light emissions within the required perimeter landscape buffer area shall be no more than 0.5 footcandle, except as may be approved by the Planning Board at site entrance driveways for purposes of ensuring traffic safety.

All site driveways shall be privately owned and maintained, and shall be appropriately gated as approved by the Planning Board to control unauthorized access and use.

Lots with frontage on a state or county highway shall provide site access from said frontage, except where the Planning Board determines that a suitable alternative is preferred and of a lesser environmental impact (i.e., avoids or minimizes impacts to wetlands and watercourses, rock outcrops, steep slopes of 15% and greater, significant or specimen trees, or other similar features or site conditions).

Site driveways shall have a safe alignment and maintained sight line distances. All vehicular traffic into or out of the site shall be through approved entrances and exits only.

All internal driveways and parking areas shall be laid out in such manner as to provide safe and adequate access by emergency vehicles.

Driveway entrances, exits and parking areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets. No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

All driveways and parking areas shall be constructed with a stabilized surface as approved by the Planning Board.

Driveway design standards. The Planning Board shall determine the appropriate standard to be permitted based on the specific site conditions of a property and the surrounding area, which standard may be less but shall not exceed the following maximums:

Off-street parking.

Plans for any sewage disposal and potable water supply shall be designed in accordance with all applicable New York State, Westchester County Health Department and New York City Department of Environmental Protection standards and requirements.

Any accessory structure providing bathroom facilities shall be handicap accessible.

Alternative bathroom facilities of a sustainable design are encouraged over traditional facilities dependent on discharge and treatment into the ground.

Abutting streets shall be of adequate capacity to handle safely and without undue congestion the traffic associated with the use to which access is given.

Access and service driveways shall be laid out in such a manner that connections with abutting streets on which the lot has frontage are located and designed so as to avoid unsafe conditions or traffic congestion.

No tradesman office shall be permitted or altered resulting in unusual traffic hazards or congestion due to the type or amount of vehicles required.

Accessory storage of materials, equipment (including accessory equipment to facility vehicles), products and supplies shall be directly related to the specific tradesman business.

Accessory outdoor storage may be located no closer than 50 feet to all nonresidential property lines and 100 feet to any residential property line or an abutting property containing an existing residential use. Outside storage shall not exceed a height of eight feet.

The total area devoted to accessory outdoor storage may not exceed 25% of the ground footprint of the principal building.

Accessory outdoor storage shall not interfere with site access driveways, parking or other onsite circulation of vehicles and pedestrians.

All accessory outdoor storage areas shall be fully contained and screened with a combination of landscaping and fencing from all abutting properties and land uses.

All accessory outdoor storage areas and the storage therein shall be operated and maintained in a safe and orderly fashion, and shall be properly secured.

No vehicle, trailer, pod or other similar box container used for storage shall be permitted.

Facility vehicles (including commercial, fleet and construction vehicles) parked or stored on the premises shall only be those relating to the permitted principal use.

Facility vehicles shall not include any vehicle exceeding a gross vehicle weight rating of 26,000 pounds, nor any sized vehicle which is used to transport material determined to be hazardous in a quantity that requires such vehicle to be placarded. All vehicles with a U.S. classification of Class 7 or 8 shall be prohibited.

All designated parking or storage areas for facility vehicles shall be approved by the Planning Board in regard to location, design and means of screening and buffering from adjacent streets and properties. All such designated areas shall be separate from otherwise required off-street parking areas, which shall be adequate for all uses of the premises, except the Planning Board may permit shared parking based on details of scheduling and use of the authorized facility vehicles.

All facility vehicles with a U.S. classification of Class 5 or 6 shall be fully screened from off-site view. The parking or storage of truck-tractors, commercial semi-trailers and/or commercial trailers with a U.S. classification of Class 6 or higher shall be prohibited unless stored in fully enclosed buildings or as otherwise approved by the Planning Board.

Private educational facilities serving students of pre-k through high school shall furnish a comprehensive curriculum of academic instruction in accordance with the compulsory education requirements of the Education Law of the State of New York, and may include the provision of after-school programs.

Private colleges and universities shall be chartered by the New York State Board of Regents or the State Legislature, with all curriculum degree programs registered with the New York State Education Department, and shall furnish a comprehensive curriculum of academic instruction by an educational-degree qualified teaching staff.

All private schools shall comply with all registration, certification, site area and dimensional requirements established for such schools by the New York State Education Department, the New York State Board of Regents and/or the New York State Department of State, but compliance thereof shall be no less than the minimum standards or more than the maximum standards required by this chapter.

Any approval issued pursuant to this section shall not be deemed effective until the applicant submits proof that it has received approval for the facility from the New York State Education Department.

A copy of an approved registration and/or the formal application made to the New York State Education Department shall be provided. Provision of a copy of an approved registration consistent with the application shall be required at minimum as a condition of endorsement of approved final plans and prior to issuance of building permit.

The approving agency may require conformance to any standards that may be established for public schools by the New York State Commissioner of Education. Conformance to all local health and safety codes shall be required.

Any nonbuilding use, building or structure to be erected, constructed, enlarged, altered, or used in connection with an private school shall be subject to the building permit requirements of § 250-85 of this chapter, as well as the certificate of occupancy and/or use requirements of §§ 250-90 and 91.

Project narrative describing the mission of the private school, the facilities and programs to be provided, and the principal and accessory uses, buildings and structures to be constructed and utilized.

Proposed total enrollment and staff and maximum number of children on site at any one time.

Inclusion of any nursery school facilities or a pre-K program, which may be permitted as an accessory use to a private school.

Proposed daily transportation schedule, including the following:

Proposed interior floor space and exterior play areas (playgrounds, playfields and other recreation areas) per student, including a proposed interior floor plan showing the proposed use of all interior areas, with dimensions, entrances and exits, toilets, stairwells, fire and smoke detectors, etc. Areas not designated for student use shall be so indicated.

Schedule of use of outdoor play areas (playgrounds, playfields and other recreation areas), indicating the number of children at any given time.

Discussion of special events, such as large group meetings, parent meetings, open-house days, and recreational, social or other student activities. Estimated dates and time schedules shall be included.

Description of any shared services or use by the public or other private school occurring on a regular or short term basis.

Analysis of anticipated traffic generation and potential traffic impacts on the road network including local roads, such as difficult turning movements, stacking or queuing issues, sight line limitations, etc.

Minimum lot area and public street frontage.

No single building or structure shall exceed a building footprint floor area of 10,000 square feet, except a single gymnasium building which may have up to a maximum building footprint floor area of 15,000 square feet.

Maximum building coverage shall not exceed 10% of the lot area.

Maximum development coverage shall not exceed 25% of the lot area.

Building and accessory facilities setbacks.

Site development shall be configured to promote superior land planning, design efficiencies and convenience in the arrangement of site uses, facilities and their supporting infrastructure, avoidance of wetlands and steep slopes, preservation of open space, protection of floodplains and other natural features, and otherwise to encourage the most appropriate use of land.

The site design shall promote a development pattern in harmony with the objectives of the Town's Comprehensive Plan.

An adequately configured and designed internal circulation system shall be provided, including a surface treatment deemed acceptable by the approving agency. Pervious surface material shall be used to the maximum extent practicable. Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

Adequate provisions for emergency vehicular access, separate from the primary access, shall be provided and maintained to ensure safe and timely access by police, fire and other emergency services.

The proposed use shall not adversely affect the character or architectural integrity of the neighborhood in which it is located.

Buildings shall be of a scale, mass and architectural style compatible with the farm and residential buildings within the Town, and which promote consistency with the Town's community character image and appearance, particularly as detailed in the Town's Comprehensive Plan.

The grounds and the exterior of buildings and accessory uses and structures shall be kept and maintained in conformity with the standards set forth in these supplemental standards.

To the maximum extent practicable, consideration shall be given to the preservation of open space.

At least one area of distinctive design to create a visual focal point or area of interest for use by the students and faculty of the private school shall be provided.

Existing trees and vegetation shall be preserved to the greatest extent practicable.

All portions of a private school not used for impervious surfaces shall be attractively landscaped or left in a natural condition.

Proposed site development shall be sited and designed to be integrated to the natural terrain and environmental setting of the property, minimizing clearing of woodlands, habitat fragmentation, altering of natural landforms, and the need for extensive regrading, while maximizing the avoidance of wetlands, watercourses and associated one-hundred-foot buffers, steep slopes 15% and greater, erodible soils, ledgerock and rock outcroppings, hilltops and ridgelines.

Landscaping shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

Existing trees and vegetation shall be supplemented as necessary to ensure a visual separation and buffer (visually, and from lighting and noise) of any constructed facilities from an abutting property.

New landscaping shall be of a type, quantity, size and design to blend into the existing environmental setting, primarily utilizing native species.

Student dormitories shall be permitted only as an accessory use to a private school.

The maximum height of any dormitory shall not exceed two stories and 25 feet.

No dormitory room or dwelling unit shall be permitted in any cellar, basement or attic space.

Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site.

Adequate sight lines shall be demonstrated and maintained.

Driveway entrances, exits and parking areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets. No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

All parking, dropoff and pickup areas, including any facilities for buses or other large vehicles, shall be on site and suitably improved to the satisfaction of the approving agency.

Such areas shall be located and designed to avoid protected natural resources, minimize tree clearing and substantial topographic alteration, and prevent establishment of expansive areas of pavement. Sufficiently sized landscape control islands shall be required to be utilized separating rows of parking spaces and adjacent parking spaces in the same row.

Driveways, dropoff and pickup areas, and off-street parking areas shall be landscaped and suitably drained, graded, surfaced and maintained to ensure a safe and attractive facility.

The location, access to and from, configuration and design of such areas shall be detailed and designed to ensure pedestrian safety.

Dropoff and pickup areas shall safely and efficiently accommodate the vehicles utilized for such operations. A separate area shall be provided for personal vehicle dropoff and pickup.

All dropoff and pickup areas shall provide direct access to the interior of the facility and shall provide separate standing and queuing areas to accommodate the traffic demands of the private school without impeding access to off-street parking areas or other dropoff and pickup areas.

Driveway and parking area grade standards. The approving agency shall determine the appropriate standard to be permitted based on the specific site conditions of a property and the surrounding area, which standard may be less but shall not exceed the following maximums:

Minimum off-street parking.

The approving agency may require up to 1/3 of the parking requirement to be provided in overflow parking areas to be graded and seeded and conveniently situated so that they would be accessible if needed.

A school site shall include a diversity of outdoor playground and playfield areas of a size, design and location suitable for the specific use of the students attending the facility. Said facilities shall be suitably designed and improved, and be of a minimum cumulative size as follows:

Suitable and adequate fencing, landscaping and screening shall be provided to prevent visual and noise impacts to surrounding properties.

Outdoor playground and playfield areas shall be sufficiently separated and buffered from internal driveways, off-street parking areas, dropoff and pickup areas, and service areas and infrastructure.

Outdoor playground and playfield areas shall be free from any condition which is hazardous and/or dangerous to the health and safety of the students using the area. The surface of such areas shall be a maintained grass lawn or some other suitable surface material as determined appropriate by the approving agency.

Any proposed use of fertilizers, herbicides and/or pesticides shall be in accordance with the Town's turf management policy and shall be subject to review and approval of the approving agency.

Plans for sewage disposal and potable water supply shall be designed in accordance with all applicable New York State, Westchester County Health Department and New York City Department of Environmental Protection standards and requirements.

All utilities shall be installed underground or within buildings.

Adequacy for the installation of a subsurface septic disposal system or connection into an approved centralized wastewater treatment system shall be demonstrated, constructed, and maintained.

Adequacy for the installation of a potable water delivery system capable of meeting both the domestic water and emergency firefighting needs of the facility shall be demonstrated, constructed and maintained.

Fire protection shall include an appropriately supported sprinkler system throughout each building in the private school, regardless of whether such building(s) is an existing structure or new construction. Uninhabited minor accessory structures may be excluded as determined appropriate by the approving agency.

Stormwater management and related mitigation measures shall be in accordance with Chapter 193 of the Code of the Town of North Salem, as may be amended from time to time.

Lighting shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

Lighting shall be limited to that necessary for operational reasons and shall be designed to ensure compatibility with surrounding land uses.

Lighting shall be directed downward and inward to the site so that light sources are not visible from adjoining streets and properties. The required lighting plan shall demonstrate that exterior lighting will not be directly visible beyond the boundaries of the property line.

Specific hours of operation for such facilities shall be specified.

Lighting shall be designed to match the style and scale of site buildings, consisting of fixed full cutoff shielded light fixtures with timing devices.

Light emissions within the required minimum perimeter setback areas shall be no more than 0.5 footcandle, except as may be approved by the approving agency at site entrance driveways for purposes of ensuring traffic safety.

Approval shall be preceded by a clear demonstration by the institution that outdoor lighting features are both essential and will create no adverse effect on neighboring properties.

There shall be an enrollment of not less than six children in a group in any one session.

There shall be more than one adult available to any child group at all times.

The ratio of children to adults shall be no greater than 8:1 with a qualified teacher in attendance at all times. For a school in session for more than six hours a day, the rules and regulations of the Department of Social Services regarding ratio of children to child-care staff shall be followed.

Nursery schools providing services for more than three hours per day, per child or child group, shall be licensed by the New York State Office of Children and Family Services.

In a residence district, churches and other places of worship which may be permitted shall have street frontage and provide sole direct access only on a state or county highway. No secondary driveways or accessways shall be off any local or connecting road in a residence district except for emergency purposes as may be approved by the approving agency.

Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site. Adequate sight lines shall be demonstrated and maintained.

An adequately configured and designed internal circulation system shall be provided.

Such areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets.

No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

A surface treatment deemed acceptable by the approving agency shall be provided. Pervious surface material shall be used to the maximum extent practicable.

Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

No single building or structure shall exceed a building footprint floor area of 10,000 square feet.

Minimum setbacks.

Lighting shall be provided in compliance with the standards set forth in § 250-54 of this chapter.

Lighting shall be limited to that necessary for operational reasons and shall be designed to ensure compatibility with surrounding land uses.

Lighting shall be directed downward and inward to the site so that light sources are not visible from adjacent streets and properties. The required lighting plan shall demonstrate that exterior lighting will not be directly visible beyond the boundaries of the property line.

Lighting shall be designed to match the style and scale of site buildings, consisting of fixed full cutoff shielded light fixtures with timing devices.

Required minimum street frontage and site access shall be on a state or county highway.

Site access driveways shall have a safe alignment to support the anticipated traffic intensity and type of vehicles to serve the site. Adequate sight lines shall be demonstrated and maintained.

An adequately configured and designed internal circulation system shall be provided.

Such areas shall be designed for safe and convenient movement of traffic internally, into and out of the site, and to minimize friction with movement of traffic on adjacent streets.

No site entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements.

A surface treatment deemed acceptable by the approving agency shall be provided. Pervious surface material shall be used to the maximum extent practicable.

Appropriate stormwater management controls (addressing quantity, flow rate and quality) shall be required.

No single building or structure shall exceed a building footprint floor area of 3,500 square feet.

Minimum setbacks. Buildings shall be set back from adjacent residential district boundaries at least twice the minimum distance required for residential buildings in said district.