Application may be made to the Planning Board for development of multifamily dwellings in all zoning districts as a special permitted use, except in the following locations:

Multifamily dwellings shall be allowed in the AG-1.5 Agricultural Zoning District on lands that comply with at least one of the following criteria:

Multifamily dwellings shall be allowed in the RR-1.5 Rural Residential Zoning District on lands that comply with at least one of the following criteria:

The allowable density on any tract of land shall be established by the Planning Board upon the applicant submitting a sketch plat for a conventional subdivision layout for the Planning Board's review. The conventional subdivision layout sketch shall comply with the standards and criteria set forth in § 93-30 in Town Code Chapter 93, Subdivision of Land, and including provisions for stormwater management, water supply and sewage disposal in sufficient detail to evaluate the layout's feasibility.

Maximum lot area density shall assume dimensional criteria prescribed in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column A (i.e., on-site sewage and water), in developing the conventional subdivision layout unless the total lot count exceeds 35 lots. The dimensional criteria prescribed in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column D (i.e., central sewage and water), may be used to develop the conventional subdivision layout for use in determining allowable density for a conventional subdivision development only when:

Multifamily developments that will provide a communal sewage system, as defined in § 110-6 in the Town Zoning Code, shall not be allowed to apply the dimensional criteria in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column D, to develop the required conventional subdivision layout, regardless of the total lot count.

The Planning Board will consider the effect of development constraints that may be imposed by existing site conditions and natural resources when conducting the review of the required conventional subdivision layout sketch in its determination of the number of buildable residential lots that may be permitted. These development constraints will include, but not be limited to, wetlands, regulated buffer areas, water bodies greater than 1/4 acre in area, streams, slopes greater than 15%, easements and rights-of-way.

The number of buildable residential lots which may be determined as acceptable by the Planning Board from such conventional subdivision layout sketch shall be used to determine the number of dwelling units permitted in the proposed multifamily development. The number of dwelling units allowed in a multifamily development shall be determined according to the following ratio of bedrooms being proposed in the multifamily dwelling units as follows:

Any room in a dwelling unit, excepting a kitchen, living room, or bathroom, that exceeds 70 square feet in habitable floor area shall be considered a bedroom when applying the ratio of allowable density units and when meeting minimum design standards as hereinafter specified.

The density bonus allowed by the Planning Board shall be equal to a ratio of one-percent increase in dwelling units for every one-percent increase in additional open space area provided that exceeds the minimum open space area that is required for multifamily developments.

The maximum dwelling unit bonus shall not exceed an additional 10% of the number of dwelling units that may be allowed by the Planning Board before the density bonus is applied.

In determining the number of density bonus units, rounding upwards requires at least a calculated bonus factor of 0.5 dwelling unit or greater.

The applicant shall set aside a minimum of 40% of the total land area to be designated as open space for the private use and enjoyment of the multifamily development's residents.

The applicant shall set aside a minimum of 25% of the open space area so designated (i.e., equivalent to 10% of the total area of the property) for use as an area for active recreation activities for the private use and enjoyment of the multifamily development's residents.

Land designated as open space shall be permanently maintained, by dedication to a property owner's association or by deed-restricted private ownership in a manner and legal form that is acceptable to the Planning Board. No building shall be occupied until and unless such arrangements or agreements have been finalized and recorded.

A license to operate a multifamily development must be issued by the Town Board upon review after final inspection of a multifamily development and the issuance of a written certification by the Code Enforcement Officer that construction has been completed satisfactorily in accordance with approved plans and specifications. Conditions of the required operating license are as follows:

The final site plan shall include a provision approved by the Planning Board assuring the permanent retention and maintenance of the open space area, and maintenance of active recreation areas, parking areas, landscaping and utilities, including water and sewer systems. Such assurance shall include all legal documents to carry out this requirement and shall be approved by the Attorney for the Town and it shall contain a provision vesting the Town with the right to enforce the permanent retention and maintenance of the open space area and maintenance of active recreation areas, parking areas, landscaping and utilities, including water and sewer systems, and providing that, in the event that these open spaces, active recreation areas and site improvements are permitted to deteriorate, or are not maintained in a condition consistent with the approved site plan, the Town may at its own option cause necessary maintenance to be performed and assess the cost thereof to the owners of the property within the development. A legally enforceable document shall also provide for the collection of such costs by lien and/or direct civil action.

Continued conformance with all elements of the approved site plan shall be a requirement for continuation of the special use permit.

The boundaries of the land areas designated as permanent open space shall be clearly labeled and described on the multifamily development plan.

Land areas designated as permanent open space may not be separately sold or used to meet open space or recreation requirements for other developments.

Multifamily developments of 50 units or more shall provide 1/2 acre of playground per 50 units unless the multifamily development is restricted to adult occupancy only.

Open space and recreation area land set asides are considered minimum required amenities for the benefit of the residents of the multifamily development and shall not be considered a substitute for meeting the requirements of New York State Town Law § 274-a, Subdivision 6, with regard to reservation of parkland on site plans containing residential units.

Maximum units per structure. No more than eight dwelling units shall be contained in a single structure.

Minimum dwelling unit size. The minimum floor area for multifamily dwelling units shall be:

Maximum building length. The maximum length of a multifamily dwelling shall be 130 feet, with exterior building wall offsets, as required by the Planning Board, to enhance the building's appearance.

Maximum building height. The maximum height of the building shall be 35 feet.

Minimum distances between structures. Where there are two or more multiple dwellings on a single lot or tract of land, the minimum distance between structures shall be 50 feet.

Minimum distances from property lines. The minimum separation distance between a multifamily dwelling building and the property line shall be 100 feet, except in the HR-1 Hamlet Residential, BD-40 Business and BD-60 Light Business Zoning Districts where Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, dimensional criteria shall apply.

Minimum distances to parking facilities. The minimum separation distance between a multifamily dwelling development's parking facility and the property line shall be 30 feet except in the HR-1 Hamlet Residential, BD-40 Business and BD-60 Light Business Zoning Districts where the minimum separation distance between a parking facility and the property line shall be five feet.

Minimum buffer/screening area. When a property line is not wooded, a planting strip of trees and shrubbery of a minimum of 30 feet in width and satisfactory to the Planning Board shall be required to buffer and screen adjoining property and ensure privacy.

Access. Access driveways shall provide for a minimum 20 feet wide traveled surface and be suitably improved to the standards and criteria that are acceptable to the Planning Board. Multifamily developments with 30 or more dwelling units shall provide not less than two separate improved access driveways.

Parking.

Parking area landscaping. Minimum landscaping requirements within the parking area shall be 10% of that area dedicated for the residents' open parking areas and not more than 15 parking spaces shall be allowed in a continuous row without the inclusion of a landscaped, curbed island that is not less than 10 feet in width.

Site lighting. All site lighting shall use fully shielded fixtures with illumination levels conforming to the recommended practices of the IESNA's "Lighting for Exterior Environments," latest edition. Lighting levels shall not exceed 0.5-footcandle illumination levels at the property boundaries, excepting at site accesses, to prevent light spillover and off-site glare.

Utilities. Design and installation of on-site utilities and facilities, including electric, telephone, cable, stormwater management shall require approval of the Town Engineer and the Planning Board.

Water and sewer.

More than one Class I (minimal impact) home occupation may occur on a single residential premises. However, the cumulative impacts must fall within the limits of these standards.

The home occupation activity, whether located within the dwelling or in a (customary) accessory structure, shall occupy an enclosed space of no more than 1,000 square feet of gross floor area or 50% of the gross floor area, whichever is less.

There shall be no indication of the home occupation from the exterior of the building except for a single sign not exceeding four square feet. Modifications to a structure shall not alter its primary residential character.

No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted in the front yard of the premises. Such goods, equipment or materials may be displayed or stored elsewhere on the property if appropriately covered by a structure and/or screened by a fence or natural vegetation, provided that any such outdoor storage does not occur within 20 feet of an adjacent property line.

Not more than two persons other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of a Class II home occupation. A Class I home occupation shall not employ any nonresidents on the premises.

Sufficient off-street parking, up to four spaces, in addition to those required for the principal residential use, shall be provided in the case of Class II home occupations. Such spaces shall be accessed from the residence driveway and designed so as to minimize disturbance to adjacent properties, including screening if necessary.

The home occupation shall be fully consistent with all other provisions of this chapter. When use exceeds standards, the use shall not be considered a home occupation and must be located in a zoning district where the use is permitted by right or by special use permit.

All Class II home occupations are transferable upon reapplication to the Planning Board for a special use permit. Class I home occupations shall be transferable without Planning Board review or a special use permit.

The home occupation shall not utilize substantially more water than a residential use. The home occupation shall comply with all necessary Health Department requirements in regards to the utilization of water or solid waste disposal.

No home occupation shall exceed the maximum size requirements of this chapter. Any home occupation that exceeds these requirements shall, upon notice from the Town of Plattekill, cease and desist all activity related to such use until such time as a permit as provided hereunder for an allowed principal use has been obtained from the Town, the operation has been made to again conform with the applicable limitations for a home occupation or the Code Enforcement Officer's actions have been reversed by the order of a court of competent jurisdiction.

Encourage the permanent preservation of important farmland and environmentally sensitive areas;

Direct growth to locations where central sewage disposal services are available; and

Provide a voluntary method for landowners to be compensated by the free market to preserve their land.

SENDING PROPERTY -- A lot(s) or portion of a lot that is restricted by a conservation easement or farmland preservation easement as a condition of approval of a higher density on the receiving property than would otherwise be permitted.

RECEIVING PROPERTY --A lot(s) that is approved to permit a higher density than would otherwise be permitted as a condition of the restriction of development on the sending property through a conservation easement.

Owners of sending and receiving properties may voluntarily commit to transfer residential density rights under this Zoning Law. Although the transfer of density rights shall only officially occur at the time of final approval of a subdivision or site plan, the process shall be initiated during the preliminary planning process. The approval of a preliminary plan shall then be conditioned upon compliance with this section. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement on the "sending property" and a written, signed and notarized agreement by the owner of the sending property acknowledging and agreeing to the application.

The conservation easement shall be drafted so that it is binding if the "receiving property" is granted final plan approval. The conservation easement shall be recorded at the same time as, or prior to, the final plan for the receiving property. If a final plan is recorded in phases, then the conservation easement may be recorded in corresponding phases.

The form of the conservation easement shall be acceptable to the Town Board based upon review by the Town Attorney and Planning Board. The term "conservation easement" shall include, but not be limited to, an Agricultural conservation easement. In the case of agricultural land, the standard language for an agricultural conservation easement used by the Ulster County Agricultural and Farmland Protection Board may be utilized. The easement shall limit the development of the sending property to agricultural and open space uses and associated accessory activities and any residual residential density not transferred to the receiving property.

A sending property shall be within the AG-1.5, RR-1.5 or M-3 District. A sending property shall have a minimum lot area of 10 acres.

A receiving property shall be within the RR-1.5, RS-1, HR-1, BD-40, BD-60 or GB-80 District.

Once a conservation easement is established it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Town shall be under no obligation to pay the owner of the sending property.

The right to develop a sending property may also be purchased by or donated to an established incorporated nonprofit conservancy organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall, in such case, be established on the sending property at the time of such purchase or donation. The right to develop such dwelling units may be held for a maximum of 10 years, before being used on a receiving property(ies).

Yield plans shall be presented by the applicant. One yield plan shall be presented for the receiving property and one for the sending property. Such yield plans shall be a level of detail typically found in a sketch plan, including potential lots and roads, steep slopes, one-hundred-year floodplains and suspected wetlands. Such yield plans shall estimate the number of new dwelling units that could be lawfully constructed on each property under Town regulations without any transfer of development rights. Detailed percolation tests are not required on all potential lots, but deep pit soil testing may be required in areas of suspected marginal soil types for subsurface sewage disposal.

Such yield plans shall be reviewed by the Town Planning Board, with advice by the Town Engineer, to determine whether each represents a reasonably accurate estimate of the number of dwelling units possible on each site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Planning Board to revise such yield plan.

Based upon the yield plans, permission to develop a number of dwelling units may be transferred from the sending property to the receiving property. The potential to develop some or all of the dwelling units may be transferred from the sending property, depending upon the amount of land affected by the permanent conservation easement.

If, for example, the yield plan determines that 10 new dwelling units would be allowed under current zoning on the sending property, and the sending property will be preserved by a conservation easement, then the right to develop 10 additional dwelling units shall be transferred to the receiving property. The development of the receiving property shall still comply with all other requirements of this Zoning Law, except for the maximum density, which shall be regulated by this section.

The receiving property shall be permitted to include the increased total number of dwelling units above the number that would otherwise be permitted, as approved by the Town Planning Board based upon the yield plan, provided that density shall not be increased by more than 50% under any circumstance. Yard requirements may also be reduced, but in no instance to less than 20 feet for the front yard and 10 feet for the side and rear yards, except in instances where zero-lot line development is proposed with compensating yards on the opposite side. Also, no more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

Utilities. To receive a transfer of density rights, all lots of less than one acre on the receiving property shall be served by a central or communal sewage system.

The transfer of density rights shall not be combined with incentives concerning conservation subdivision development.

Minimum lot width: 200 feet.

Minimum front yard: 50 feet.

Minimum rear yard: 50 feet.

Minimum side yard: 30 feet.

Maximum building height: 40 feet, provided there is no enclosed habitable space above 25 feet.

Maximum lot coverage: 50%.

Maximum building coverage: 30%.

Parking spaces required: 1 space per unit.

In no event shall any person under the age of 19 permanently occupy a unit in an active adult community. However, such age restrictions shall not apply to employees of the homeowners' association performing substantial duties related to the management or maintenance of the community; persons who are necessary to provide a reasonable accommodation to disabled residents of the age of 55 years or older; a spouse or domestic partner of an individual who is of the age of 55 years or older; or a child at least 19 years or older, who is residing with his or her parent(s) who is of the age of 55 years or older. A deed restriction that enforces the foregoing requirement shall be provided in a form acceptable to the Town and be included in every deed conveying title to each unit.

Consideration shall be given to the special needs of older persons in planning walks, ramps and driveways. Gradients of walks shall not exceed 10%, and single-riser grade changes in walks shall not be permitted without Planning Board approval. All outdoor areas available to the residents shall be designed so as to permit residents to move about freely.

The design and location of all buildings, recreational facilities and other site improvements shall be consistent with the ultimate purpose of achieving pleasant living arrangements for persons 55 years of age or older, and shall contemplate the desires and needs of such persons for privacy, participation in social and community activities and accessibility to all community facilities.

All active adult housing units of an independent living nature, whether single-family, two-family or multifamily, shall be designed in accordance with the conservation subdivision regulations of this chapter (see § 110-48).

No adult use shall be located within a five-hundred-foot radius of any residence or other residential or commercial zoning district.

No adult use shall be located within a one-thousand-foot radius of the property of any church, synagogue, mosque or other place of religious worship.

No adult use shall be located within a one-thousand-foot radius of any school, park, civic or youth-oriented center, playground or playing field.

No adult use shall be located within a five-hundred-foot radius of the property of another adult use.

The proposed adult use shall not be contrary to the public interest or injurious to nearby properties.

The proposed adult use shall not be contrary or injurious to any program of neighborhood conservation or improvement, either residential or nonresidential.

Such sawmill operation shall function only during Monday through Saturday and shall be closed the following holidays: Memorial Day, Labor Day, July Fourth, Thanksgiving, Christmas and New Year's.

Notwithstanding Subsection B(2) above, such sawmill operation shall only be permitted on a lot which is four or more acres in size.

Primary vehicular access to such sawmill operation shall be by a street in the collector, arterial, County or state roadway system or other street in which, in the opinion of the Planning Board, the traffic generated by said use will not adversely affect existing or potential development in the area.

The minimum lot area/use for the first use shall be 40,000 square feet. There will be no lot acreage restrictions for each additional use, provided that the applicant for commercial use can demonstrate that the project will meet the applicable width, building coverage, height and front, side and rear yard requirements, receive Ulster County Health Department approval and meets all applicable regulations or laws of any governing agency.

If any structure is used wholly or partly for a dwelling purpose, hotel, motel, living quarters or other housing accommodations other than by one person acting as a janitor or caretaker, the lot shall comply with the lot acreage, width, building coverage, height and front, side and rear yard requirements found in RS-1 Residential District Zone for the type of dwelling proposed.

An applicant proposing a shared use of an existing tower shall be required to document intent from an existing tower owner to allow shared use.

The Planning Board may consider a new commercial communications tower where the applicant demonstrates that shared usage of an existing tower is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documentation of the physical and/or official reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.

The applicant must examine the feasibility of designing a proposed commercial communications tower to accommodate future demand for commercial broadcasting and reception facilities. The scope of this analysis shall be determined by the Planning Board. This requirement may be waived, provided that the applicant demonstrates that provision of future shared usage of the facility is not feasible and is an unnecessary burden, based upon:

Further, the applicant will demonstrate that the collocation will be offered at a fair and equitable rate in order to encourage rather than discourage collocation.

All tower bases must be relocated at a minimum setback of the following, whichever is the greater, from a property line at a distance at least equal to the tower height or the distance between the tower base and guy wire anchors or the minimum setback of the underlying zoning district or a minimum setback at a distance which shall be established in the sole discretion of the Planning Board based on the unique characteristics of the site requirements of this subsection, which may be increased at the discretion of the Planning Board.

Accessory structures must comply with the minimum setback requirements in the underlying district.

Assessment of before and after views from key viewpoints both inside and outside of the Town, including state highways and other major roads, from state and local parks, other public lands, from any privately owned preserves and historic sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers.

Assessment of alternative tower designs and color schemes, as described in Subsection J below.

Assessment of the visual impact of the tower base, guy wire, accessory buildings and overhead utility lines from abutting properties and streets.

Unless specifically required by other regulations, all towers shall have a neutral, earth tone or similar painted finish that will minimize the degree of visual impact that the new tower may have. The applicant is to provide a maintenance plan for the Town to include painting, how the paint will be applied, frequency, maintenance of grounds, buildings and other.

The maximum height of any new tower, or any tower in existence intended to be used as a commercial communications tower, shall not exceed that which shall permit operation without artificial lighting of any kind or nature in accordance with municipal, state and/or federal law and/or regulation.

Any new tower shall have the minimum height needed to provide future shared usage, but artificial lighting of any kind shall be prohibited.

The Planning Board will request a review of the application by a qualified structural engineer for evaluation of the need for design and stability of the ground to support any new tower.

Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

Communications tower heights shall be proportional to their surroundings so as not to dominate a given landscape. Where a tower will protrude above the height of existing tree canopy by more than 20 feet, the Planning Board may require the use of camouflaging and similar techniques to minimize the visual impact of the structure. Specific plans for the styling and maintenance of such camouflaging shall be submitted for review and approval in such instances.

As part of the application for said license, the applicant shall file with the Town Clerk proof of causality and liability insurance in a form and amount which shall be determined and approved by the Town Board in its sole discretion. Said insurance must remain in full force and effect during the term of the license. Termination of insurance shall result in the immediate revocation of this license, and revocation, suspension and/or expiration of said license shall be immediate grounds to vacate, rescind and set aside the applicant's authority to operate said tower.

In the event that the Town determines that the applicant and/or owner has not complied with the terms of this section, due to termination of insurance and/or for any other cause, which shall include the applicant's failure to abide by any of the conditions of the special use permit or any provision of this subsection, the applicant and/or owner shall be entitled to five days' notice to remedy the defects after which, in the event the applicant and/or owner does not correct the defect complained of, this license shall terminate immediately. Termination of said license shall be grounds to immediately revoke the special use permit, and any action taken shall be in the sole discretion of the Town Board.

To provide a planned area with sufficient space to accommodate the region's expected future business and manufacturing growth requirements. This district will provide a location for the establishment of light manufacturing enterprises, the transaction of business, the rendering of professional services or other services involving stocks of goods, ware or merchandise.

To protect and buffer abutting uses by establishing setbacks, providing off-street parking and loading/unloading areas and requiring landscape screening and interplantings of new landscape materials between existing trees.

To minimize the danger of fires, explosions, toxic and noxious matter, radiation, offensive noise, vibration, smoke, odor and other objectionable influences or hazards.

To promote a well-considered plan that protects the character of the area and established patterns in adjacent development, thereby maintaining land values and protecting the tax base.

A traffic impact study conducted under New York State Department of Transportation and Institute of Transportation Engineers guidelines.

An environmental impact assessment conducted under SEQRA.

A report describing the anticipated uses within the planned business park and setting forth the design specifications, management techniques and covenants and restrictions that will be employed to ensure performance standards set herein be met.

Principal permitted uses. The following shall be permitted as principal permitted uses in a planned business park:

Permitted uses subject to site plan review. The following uses shall be permitted within planned business parks subject to site plan review, unless prohibited by Subsection D(4) following:

Permitted accessory uses. The following uses shall be permitted as accessory uses to principal permitted uses and uses subject to site plan review in planned business parks:

Prohibited uses. The following uses are prohibited in planned business parks:

The outdoor storage of goods or materials, open-sided, covered structures, truck loading and unloading areas and all equipment, electrical substations, and mechanical devices shall be shielded from view from any public highway.

All electric, telephone, telecommunications, and other service lines shall be underground or routed along the rear of lot lines wherever possible.

No land or structure in the district will be used, occupied or operated in any manner that creates dangerous, injurious, noxious or otherwise objectionable conditions that may affect other properties. All uses shall comply fully with performance standards of this chapter pertaining to noise, lighting, odors, vibrations, smoke and related matters regulated thereunder.

A management plan and covenants and restrictions for the planned business park to ensure long-term maintenance of properties and improvements, address hours of operation and deal with other matters potentially having an impact on adjoining properties, shall be submitted for review and approval by the Town Planning Board at the time the land development plan for the park is processed.

On-street parking on public highways or access roads within the planned business park shall not be permitted under any circumstance.

Landscape and design requirements. Landscape and building design requirements to be incorporated in project covenants and restrictions shall be developed and submitted for approval by the Planning Board at the time the land development plan is processed. Accessory buildings shall comply with all setback, screening and facade design requirements applicable to principal buildings. Landscaping shall, at a minimum, meet the following requirements:

Development standards. The following development standards shall apply to planned business parks:

Each camping space shall be at least 1,500 square feet in area and 30 feet in width. There shall be an average of no more than eight camping spaces per acre for any campground (gross density including open spaces). The maximum occupancy of the campground shall be determined by multiplying the number of approved camping spaces by a factor of six.

No camping space or area shall be located within 50 feet of any property line. The Planning Board, in the exercise of its discretion, may increase that setback up to a maximum of 100 feet. The intention of the setback is to create a minimum division of 100 feet from residential structures, which should ordinarily occur with the use of a fifty-foot setback. The Planning Board, in exercising its discretion, should review the general layout of the proposed campground and camping spaces, its proximity to residential structures, the setback of the residential structures from the adjoining lot line with the campgrounds, the nature of the property located between the camping spaces or areas and the adjoining uses (woods or clear fields) and the required placement of appropriate improvements buffers (including fencing and natural buffers) to diminish any impact created by the placement of camping spaces or areas at 50 feet from the property line to the existing residences. The outlined setback provisions shall be utilized and take precedence over the Schedule of District Regulations.[1]

Parking spaces for automobiles shall be 30 feet long and 12 feet wide with an eight-foot-wide strip of gravel, if necessary. Parking spaces for automobiles with trailers shall be 50 feet long and 14 feet wide with a ten-foot-wide strip of gravel, if necessary.

Campgrounds with more than 100 spaces may have as accessory uses laundromats, retail stores, clubhouses, snack bars, game rooms, recreational facilities as necessary to allow for the recreational use, camping cabins and other accessory uses and structures common to modern campground operations. Accessory uses of a recreational nature and/or accessory structures of a recreational nature shall not be located within 100 feet of any property line. "Accessory uses" as it pertains to recreation uses and/or facilities as used in this section shall not include racing facilities and/or tracks for motorized or nonmotorized uses, theme parks and/or pay-per-event concerts. In addition to the restriction on pay-per-event concerts, "free" concert events are restricted to registered overnight guests of the campground. All accessory uses shall be primarily for the use of the campers.

Interior roads shall be a minimum of 12 feet wide for one-way traffic and 20 feet wide for two-way traffic, with no parking permitted on the roadway. Such interior roads shall be easily traversable and have a well-drained surface. If necessary, provisions shall be made for dust control.

At least 10% of the gross acreage of any campground shall be used for recreational purposes and/or preserved as open space. All buffer areas required along property lines by this section shall be credited toward this ten-percent requirement as open space only. Recreational uses shall not be located in buffer areas.

One toilet for each sex for each 10 spaces shall be provided within 300 feet of each camping space. A minimum of two toilets for each sex shall be provided.

Urinals shall be provided. Up to 1/2 of the male toilets may be urinals.

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 spaces for each sex.

Slop sinks or basins and laundry tubs with water supply shall be provided to serve each 50 spaces.

Each toilet and shower for which provision is made in the subsections above shall be in a private compartment or stall.

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.

Where individual water hookups and sewage disposal facilities are provided, the ratio shall be one toilet and lavatory for each sex for every 40 spaces, within 500 feet of each space.

At least one recreational vehicle sanitary dumping station shall be provided at campgrounds that provide space for recreational vehicles.

They shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

The service building shall be well lighted at all times of the day and night, shall be well ventilated, with screened openings, shall be constructed of such moistureproof material, 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.

All service buildings and the grounds 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.

The 911 number to dispatch fire, ambulance and/or police services.

The telephone number, street address of the campground and location of the camp space.

Location of the nearest public telephone.

Evacuation plans.

The Supervisor of the Town, upon receipt of a complete application for a mining permit from the DEC, or the Code Enforcement Officer, upon receipt of an application for a special use permit from the applicant, shall forward said application to the Planning Board within 10 days following receipt. If the applicant for a state permit has not yet applied to the Town for special use approval, such applicant shall be immediately notified that such approval is required prior to the commencement of operations.

The Planning Board may, within 30 days of the receipt of an application, provide the DEC with recommendations on conditions to be included in the state mining permit, within the following categories:

Upon receipt of the resulting DEC mining permit, the applicant shall submit to the Planning Board a copy of the permit and all information provided to the DEC in support of the application. The Planning Board shall accept the information as a complete special use permit/site plan application, once the applicable Town application fees have been received. The Planning Board shall then incorporate into the Town special use permit any conditions contained in the state mining permit related to issues identified by the Town of Plattekill.

No permit shall be valid for a period of more than one year.

The applicant shall file a proposed plan for site rehabilitation in the manner of DEC applications and shall post a performance bond or guarantee in a form satisfactory to the Town Attorney and the Town Board in a sum sufficient to secure such rehabilitation. If a bond or guarantee has been posted with the Department of Environmental Conservation, the Town Board may waive the posting of an additional bond or guarantee.

Rehabilitation of any worked-out areas shall be commenced notwithstanding that quarrying operations are still in progress at the site, provided that such rehabilitation shall not unduly interfere with continued operations.

The proposed operation shall not adversely affect soil, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind. Adequate siltation and erosion control measures shall be specified with the application.

All machinery shall be electrically operated, except for bulldozers, shovels and other equipment used for excavation, collection of material, loading or hauling.

There shall be no operations of any kind on Sundays or public holidays. Within 1,000 feet of any residence, there shall be no operation on weekdays between 7:00 p.m. and 7:00 a.m. except by special permission of the Zoning Board of Appeals.

Where any open excavation will have a depth of 10 feet or more and create a slope of more than 30º with the horizontal, there shall be a substantial fence at least six feet high with suitable gates blocking access to the area in which such excavation is located. Such fence shall be approved by the Planning Board (or Town Board, if applicable) and be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses.

The slope of material in any excavation shall not exceed the normal angle of repose or 45º, whichever is less.

Access roads within the area of the permit and located within 500 feet of a lot line of an excavation operation shall be provided with a dustless surface. Said access shall not be permitted within 200 feet of any lot line.

There shall not be excavation or mechanical equipment operation nearer than 50 feet to any lot line.

After any such operation, the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. Topsoil shall not be removed from the site. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall shall be suitable material approved by the Planning Board (or Town Board, if applicable) consisting of clean, noncombustible material containing no garbage, refuse or deleterious matter.

Proper measures, as determined by the Planning Board, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include limitations upon the practice of stockpiling excavated materials on the site.

At all stages of operation, proper drainage, approved by the Town Engineer, shall be provided to prevent the collection and stagnation of water to prevent harmful effects upon surrounding properties.

If this alternative sketch plan is determined to provide a superior design in accord with the purposes of this Zoning Law, the Planning Board may require use of the conservation subdivision technique or offer a density bonus as an incentive. Such bonus shall be determined using the following criteria (rounded up to the nearest lot):

Nothing herein, however, shall require the Planning Board to offer a density bonus or full bonus in those circumstances where the site limitations are such that increased density would materially impact the quality of the natural environment, threaten public health and safety or excessively burden public services. At least 30% of the gross acreage of any conservation subdivision shall be composed of open space.

Development standards for streets, lot size, lot width, lot coverage and lot depth may be reduced, provided no dwelling structure (single-family or two-family) is located on less than:

A mix of lot sizes will be encouraged and up to 20% may consist of lots of 10 acres or more that shall be counted as open space for density calculation purposes if deed restricted from further subdivision. Such lots shall represent no more than 50% of the open space. Yard requirements may also be reduced, but in no instance to less than 20 feet for the front yard and 10 feet for the side and rear yards, except in instances where zero-lot-line development is proposed with compensating yards on the opposite side. Notwithstanding these yard requirements, however, all principal structures shall be separated by a distance of at least 40 feet. Also, no more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

A minimum parcel of two acres shall be required for the residence and stable.

No more than one horse shall be kept, except that one additional horse may be kept for each additional one acre of land.

One hundred square feet of stable building area shall be provided for each horse kept on the property.

No manure storage area shall be located within 100 feet of any adjoining property line or road right-of-way.

All horses shall be restricted from unauthorized grazing or intruding upon any adjoining property.

A minimum parcel of 10 acres shall be required for a commercial horse stable operation.

No more than one horse shall be kept for each one acre of land. Notwithstanding this limitation, a horse training or similar facility where horses are exercised using a track rather than being turned out shall not be restricted as to the number of horses kept, provided the facility encompasses a minimum of 25 acres of land and other standards of this section are met. Such facilities shall be subject to special use approval and site plan review, however.

One hundred square feet of stable building area shall be provided for each horse kept on the property.

No stable building shall be located within 100 feet, and no manure storage area shall be located within 200 feet, of any adjoining property line road right-of-way.

All horses shall be restricted from unauthorized grazing or intruding upon any adjoining property.

A minimum parcel of three acres shall be required.

No structure used for the keeping of animals shall be located closer than 125 feet to any property line or 100 feet to any public or private road.

Parking shall be provided in accord with the requirements of this chapter.

A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas not enclosed in a building.

All animals shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

Kennels shall be supervised by an on-site contact person during the day.

Number of animals allowed.

No stable building, pen, feed lot, corral, manure storage area or other area where animals are concentrated, except for grazing paddocks, shall be located less than 100 feet from any adjoining property line and any public or private road.

The provisions of this § 110-53 shall apply to all real property lying within the environmental impact assessment area (EIAA) as designated on a map (Figure 19) found in the report titled "Technical Evaluation, Hertel Landfill Superfund Site, Town of Plattekill, New York" prepared by Leggette, Brashears & Graham, Inc. (LBG) and dated May 29, 2003. This map shall be considered an official supplement to and part and parcel of the Town of Plattekill Official Zoning Map. The affected area shall be known as the "EIAA District."

The EIAA District boundary lines shall be determined by the use of the scale appearing on Plate 1. From time to time and to reflect new information of a site-specific nature, the Town Board may make amendments to the boundaries of EIAA Districts delineated on Plate 1.

The provision, requirements and regulations of this section shall apply to all uses of land within EIAA Districts, and no groundwater supply source(s) are to be used except in compliance with the provision, requirements and regulations of this § 110-53.

The EIAA I encompasses the area immediately north, northwest and northeast of the landfill property. The EIAA I extends approximately 900 feet from the northern edge of the property boundary (or approximately 750 feet north of Route 44); extends west approximately 450 feet to 550 feet and runs parallel with the western property boundary to approximately 1,100 feet south of the northwestern corner of the property (or approximately 1,250 feet south of Route 44); and extends east approximately 650 feet to 850 feet and runs parallel with the eastern property boundary to approximately 2,100 feet south of the northeastern corner of the property (or approximately 2,200 feet south of Route 44).

The EIAA II encompasses the area west and east of EIAA I and the landfill property. The EIAA II extends approximately 4,100 feet from north to south (beginning approximately 700 feet north of Route 44 and ending approximately 800 feet north of the southern edge of the landfill property); extends west from EIAA I approximately 1,300 feet to 600 feet and runs parallel with the western property boundary; and extends east from EIAA I approximately 400 feet to 1,650 feet and runs parallel with the eastern edge of the EIAA I boundary to approximately 850 feet south of the southeastern edge of the EIAA I boundary (or approximately 2,950 feet south of Route 44).

The EIAA III encompasses the area south, west and east of EIAA II and the landfill property. The EIAA III extends approximately 1,400 feet south of the southern edge of the property boundary; extends west approximately 1,100 feet and south approximately 2,000 feet to 2,500 feet from the southwestern boundary of the EIAA II; and extends east approximately 1,800 feet and south approximately 1,800 to 2,200 feet from the southeastern boundary of the EIAA II.

Proposed subdivisions or any proposed individual water-supply source within the EIAA must meet New York State Department of Health 10 NYCRR Part 74, § 7.4.5.C, regulations. Water-quality analyses must be conducted of each proposed individual well supply and be sampled for all parameters listed on Table 1. The wells may be required to be pumped for 24 hours prior to sampling. Areas of high risk may warrant the pumping test duration to be expanded; or additional pumping tests may be required to confirm previous pumping test and water-quality data.

Any proposed subdivision that indicates potential risks of water-quality impacts may be required to drill additional or even all the test wells on the proposed subdivision lots, including the required water-quality analysis. Any proposed subdivision which indicates water-quality impacts from the landfill may be required to develop an acceptable public water source at an acceptable location in the study region. This would not likely be economically feasible for smaller subdivisions. In addition, the applicant may be required to sample a representative number of wells in the subdivision semiannually to yearly for a prescribed number of years following buildout of the project. In addition, the applicant may be required to reduce zoning density or develop a clustered development in an area of the subdivision which minimizes the potential water quality impacts from the landfill site.

Proposed public water supply sources within the EIAA which indicate potential risks of water-quality impacts may be required to conduct up to one-hundred-twenty-hour pumping tests, including off-site well monitoring. In addition, the applicant/owner of the public water-supply source may be required to sample the wells for the parameter listed on Table 1 for a prescribed number of years following buildout of the project.

Site-specific drilling, testing and water-quality studies should be carried out at the parcels located within the EIAA and conducted by a qualified hydrogeologist or engineer representing the applicant.

Study requirements. The purpose of the hydrogeologic analysis shall be to demonstrate existing water-quality conditions on the study parcel and whether the proposed use of on-site water supply sources will degrade or become contaminated from the Hertel Landfill. Such analysis shall be prepared by a qualified hydrogeologist at the expense of the applicant. The work scope for hydrogeologic assessment must be submitted to the Town Board for review by the Town's hydrogeologist or engineer for approval prior to conducting any such work scope. Such analysis shall include:

Planning Board review. The Planning Board may, at the expense of the applicant, arrange for a review of the hydrogeologic analysis by a qualified engineer or hydrogeologist of the Town's choosing. Such review shall be considered by the Planning Board in rendering the decision on the application. To the greatest extent practicable, the application for the proposed development and the review of the hydrogeologic analysis required under this section shall be coordinated with all other review and permit procedures required by the Town of Plattekill, including the State Environmental Quality Review (SEQRA) process.

Planning Board action.

Denial of application. A denial of an application shall not preclude an applicant from reapplying for a permit, provided that the applicant has made significant changes which are designed to eliminate potential or existing contamination of the groundwater on the study parcel.

The Town Board of the Town of Plattekill hereby declares its legislative intent to prohibit the commercial use of land for any operation of off-road and/or motorized vehicles in residential zoning districts of the Town, and to provide an orderly mechanism for the abatement of nonconforming uses of real property being used for operation of off-road and/or motorized vehicles for commercial purposes located in the residential zoning districts within the Town.

The Town Board further declares that such use of land permitting the operation of off-road and/or motorized vehicles for commercial purposes is incompatible with residential uses in general and those specifically permitted uses that are designated in the residential zoning district regulations as contained in this Zoning Law of the Town of Plattekill.

Residents of the Town of Plattekill and the neighborhoods in which they reside will be protected from the severe negative impacts associated with the use of land permitting the operation of off-road and/or motorized vehicles for commercial purposes by the enactment of this chapter.

The Town Board of the Town of Plattekill has found, upon due inquiry and investigation, that the operation of off-road and/or motorized vehicles creates negative environmental impacts that are unacceptable and should not be permitted in residential neighborhoods and that legislative action is required to protect people and neighborhoods in the Town of Plattekill from such negative impacts.

The use of land which permits the operation of off-road and/or motorized vehicles for commercial purposes as defined in this chapter should not be permitted to be introduced into any residential zoning district, and any preexisting, legal nonconforming such use should be terminated after a period of transition or amortization with due consideration to the financial costs that compliance with this chapter imposes on owners of property presently used for such purpose in residential zoning districts of the Town.

The Town Board acknowledges the decision of the Appellate Court, Third Judicial Department, in Valerie Smith, et al. v. Town of Plattekill, et al.; decided and entered December 2, 2004, holding that motorcycle and/or off-road vehicle racetracks were not a permitted or special use in an R-40 Zoning District by virtue of a local law adopted by the Town of Plattekill Town Board on or about February 18, 1987. Therefore, the Town Board finds that only those properties that were devoted to such operations of off-road and/or motorized vehicles that were legally in existence prior to February 18, 1987, will be entitled to the transition or amortization provisions provided below.

The Town Board further finds that such operation is injurious to the public health and safety, reduces residential property values and deprives persons in adjacent neighborhoods of the peaceful enjoyment of their property. Termination is necessary because there are limited effective means of reducing such negative environmental impacts to the extent appropriate for the protection of nearby residential neighborhoods and owners of residential property.

All commercial uses of land which permit the operation of off-road and/or motorized vehicles, which have either legislatively and/or judicially been determined, prior to or as of the date of this chapter, to be existing as of February 18, 1987, shall be permitted to continue to the extent and scope as established in such determination for a period of 10 years from the enactment of this chapter, at which time all such operations shall cease.

Any owner of real property in the Town of Plattekill who permits the commercial use of land for the operation of off-road and/or motor vehicles at the time of enactment of this chapter and who has not already applied to the Town of Plattekill ZBA for a determination of whether the land use was preexisting as of February 18, 1987, shall have 90 days from the enactment of this chapter to make and submit an application to the ZBA seeking a determination establishing the existence, scope and extent of this use on the premises prior to February 18, 1987. In the event the ZBA determines such use is a legal preexisting nonconforming prior use prior to February 18, 1987, such use will be entitled to continue the scope, size and intensity that was determined to exist prior to February 18, 1987, for a period of two years from the enactment of this chapter, subject to the following. At the time of the ZBA's determination and within 30 days of said ZBA determination a property may request authorization from the Town Board to operate for a ten-year period from adoption of this chapter subject to the following conditions:

Any violations, expansions, extensions of said use in violation of Subsection C(2) shall be grounds for the immediate termination of said use.

The Town of Plattekill has two accessible major state highways, which run north and south, as well as east and west through the Town, these highways intersect in the Hamlet of Modena. These state highway corridors serve the Town of Plattekill as a significant transportation asset, as well as providing access to a mix of residential, commercial, agricultural, and open space areas in the Town. The Town of Plattekill has numerous zoning district designations which abut the state highway corridors. The Town of Plattekill is crossed by New York State Route 32 as a north south state highway, and Route 44/55 which traverses the Town in an east/west orientation. These state highway corridors are important transportation corridors allowing efficient movement of people and goods throughout the Town.

There are various zoning districts which exist along the state highway corridors. The Town is also bisected by the New York State Thruway, which is a limited access highway owned and maintained by the New York State Thruway Authority, no access to the New York State Thruway exists within the Town of Plattekill. Based on this lack of access, this state highway is not addressed in the floating zone.

The New York State Route 32 corridor consists of the RS-1 Zone, BD-40 Zone, BD-60 Zone, RR-1.5 Zone, AG-1.5 Zone, and the HR-1 Zone. State Route 44/55 abuts the HR-1 Zone, RR- 1.5 Zone, BD-40 Zone, RS-1 Zone, and the BD-60 Zone in an East/West direction. Within the state highway corridors, there exists various large parcels with direct frontage on the state highways with development controlled based on their underlying zoning which would be conducive to economic development within the Town of Plattekill. The Town Board has recognized that flexibility in the zoning would allow for the potential development of identified uses along the transportation corridors, which would be compatible with surrounding uses based on the size of the undeveloped parcels access to the transportation corridors and provisions for on-site water and sewer systems to serve the developments. The Town Board concludes that the State Highway Floating Zone is an appropriate device to encourage development of identified uses within the state highway corridors within eligible properties identified in this zone.

The State Highway Floating Zone may be established through the exercise by the Town Board procedure stated herein with respect to properties located within eligible areas along the transportation corridors of New York State Route 32 and State Highway Route 44/55 in the Town of Plattekill. Such areas of eligibility are more particularly defined within eligible areas section.

Parcels located along a state highway within the Town of Plattekill are eligible for inclusion in the State Highway Floating Zone if they:

Principal permitted uses and permitted special uses on the property shall be those uses which are allowable as identified below.

In the exercise of legislative discretion, the Town Board shall be entitled to establish such lot, height, yard, bulk and area requirements as the Town Board finds to be appropriate to the circumstances of each particular parcel and each development proposal. The Town Board may authorize mixed uses on the lands within the State Highway Floating Zone.

Principal permitted uses in the zone will be any use identified in the underlying existing zoning tables; or

Special uses:

Petitions for the establishment of a State Highway Floating Zone for a particular property shall be made, in writing, to the Town Board. Applications shall be made by the owner, or owners, of the land proposed to be included in the floating zone, or by a person or persons possessing a written contract or option rights to purchase such lands. In the event that an application is made by a person or persons with a contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner or owners granting authority on the part of such applicant to make the application. Upon submission of a complete application, the Town Board shall refer the application to the Planning Board for review and recommendation. The Planning Board shall review said application within 62 days of referral, and provide any comments to the Town Board within that time.

Application materials. The Applicant shall submit a conceptual development plan of sufficient detail as shall be determined by the Town Board. The concept development plan shall consist, at a minimum, of the following:

Initial review.

Planning Board review.

Town Board review.

Criteria for rezoning by the Town Board to the floating zone.

In determining whether or not to amend the Zoning Map to establish the floating zone, the Town Board shall consider, together with the intent and objections of this section, whether the proposed district and development plan shall meet the following criteria:

Time limit on validity of rezoning. Unless actual construction, pursuant to an approved site plan and valid building permit is commenced within two years from the date of adoption of the rezoning of a parcel the Town Board may, by adoption of a local law rescind the Highway Floating Zone designation. All work under the rezoning application must be completed within three years of the issuance of a valid building permit to the applicant. The Town Board may, by adoption of a local law, rescind the Highway Floating Zone designation if projects are not completed within three years of the issuance of the building permit. Completion of the project is considered the issuance of a certificate of occupancy/certificate of compliance by the Town Building Department.

Application fees. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of the application, actual consultant expenses incurred by the Town at all stages in the process of the project under this section shall be defrayed by the applicant as provided for within the Town Code.