The Planning Board shall adopt and file in the Village Clerk's office such rules of procedure as it may deem necessary or appropriate to the proper exercise of its responsibilities with respect to special exception uses.

Prior to taking action on any special exception use, the Planning Board shall hold a public hearing concerning the proposed special exception use after public notice. Where a project is a special exception use and requires site plan approval, the Planning Board may hold one hearing for both applications. Any hearing to be held pursuant to the State Environmental Quality Review Act[1] may also be incorporated into that hearing.

All matters which are the subject of mandatory referral or notice to other agencies as set forth in another statute and/or in this chapter shall be transmitted to the appropriate agencies by the Planning Board in accordance with the provisions thereof.

The Planning Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating that fact. The Planning Board shall also keep records of examinations and official actions, all of which shall be promptly filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate occupancy.

A special exception authorization by the Planning Board shall expire within 90 days of such authorization. In the event that a building permit is not applied for within the ninety-day period, extension of such authorization may be granted by the Planning Board for two additional ninety-day periods.

A special exception use for which a building permit is authorized by the Planning Board pursuant to the provisions of this section shall be a conforming use.

Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter punishable under the provisions of Article XII.

A fee schedule shall be established, and changed as needed, by resolution of the Village Board. A copy of the fee schedule shall be on file in the Village Clerk's office.

Such use will be in harmony with and promote the general purposes and intent of this chapter.

The lot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation thereof.

The proposed use will not prevent or impair the orderly and reasonable use of adjacent properties.

The site is particularly suitable for the location of such use.

The characteristics of the proposed use are not such that its proposed location would be unsuitably near a school or recreational area.

The proposed use conforms to this chapter's definition of the special exception use if such definition exists in this chapter or with the generally accepted definition of such use if it does not exist in this chapter.

Access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion, and vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.

All proposed curb cuts have been approved by each authority that has jurisdiction.

There are off-street parking spaces at least in the number required in accordance with provisions of this chapter, but in any case an adequate number for the anticipated number of occupants, including visitors, and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.

Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

Adequate provisions will have been made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.

The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in this article.

No special exception shall be granted by the Planning Board for any use listed in this article unless the Planning Board shall specifically find that, in addition to meeting all of the general standards, the special exception use also meets the special conditions and safeguards in this article.

Any deviation from the special conditions and safeguards in this article shall be prohibited and can only be treated as a use variance by the ZBA.

The building shall be a detached dwelling with a certificate of occupancy for such use and occupied by the owner as the owner's principal residence during any period of time in which it is also being used and occupied as a bed-and-breakfast, and the number of bedrooms therein in addition to those occupied by the owner available for registered guests shall not exceed five.

No separate kitchen facilities for any registered guest shall be provided.

The number of registered guests occupying the premises at any one time shall not exceed 10.

The building must have a minimum of two parking spaces and at least one parking space for each room to be let. When three parking spaces are provided, the parking area shall be screened from direct view of any other structure.

Not more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether paid or unpaid.

No guest may be registered for more than seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Building Inspector or his designee.

No meals except for breakfast shall be served on the premises to registered guests.

The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes, as well as Sections AJ701.1 to AJ701.4 of the Residential Code of the state for such use.

The building shall be used solely as a place for sleeping and service of breakfast, and hosting of any other use is prohibited.

Housing for agricultural labor shall be permitted provided a building or other structure is an agricultural building or other structure meeting the standards and all other requirements of the State Sanitary Code, except that where any other law, ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control.

A building for such purpose shall be located on the same site as the farming operation which employs the agricultural laborers housed therein. Location on a separate parcel is prohibited, and any such housing shall in all events be a subordinate use of a principal agricultural use on the same parcel.

Each such building or other structure shall have access to a paved street or driveway.

All such buildings and their accessory uses shall be no less than 200 feet from any side or rear lot line and 150 feet from any front lot line.

Continued use of such housing shall be prohibited in the event that the land upon which it sits ceases to be engaged as "land in agricultural production" as defined in the State Agricultural and Markets Law, and any and all residential improvements must be removed from the property in order to prevent the property from becoming a rental unit or any other type of residence. The owner of the subject property shall certify every three years to the Village, on a form provided by the Village Clerk, that the land is used as “land in agricultural production” and that the occupants of such housing are engaged in agricultural labor.

Size of structure, siting and number of occupants shall be subject to review and approval by the Planning Board, but in no event shall any structure house more than six individuals, and there shall be no more than one such building or other structure per 25 acres.

As a condition for approval of a special exception use under this section, the owner shall submit to, each July, annual inspections by the Building Inspector, or in the alternative, a licensed engineer selected by owner who would certify the following:

The minimum lot size shall be 10 acres.

There shall be a minimum of 30,000 square feet of open land area for each horse kept, raised or stabled thereon. Such open land area shall be exclusive of any area occupied by buildings, structures or other uses.

All horses shall be kept within an area which shall be completely enclosed by a fence sufficient in height and strength to prevent their escape. Notwithstanding any other provisions of this chapter, such fencing may, at the discretion of the Planning Board, be a maximum of six feet in height within the required front yard. The fencing shall be open in nature, such as a wood board or split rail fences. Chain link and wooden stockade-type fences are not permitted.

No accumulation of manure, or any other material or substance which causes any noxious or offensive odors or dust, shall be allowed within 100 feet of any front lot line and 50 feet of any side or rear lot line. The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. The Planning Board may impose greater setbacks or requirements where the site is located in close proximity to wetlands or other environmentally sensitive features or in any other circumstance which the Planning Board considers appropriate.

The storage of grain shall be in such manner so as to prevent the proliferation of rodents and other vermin.

An indoor horse training facility or exercise ring may be permitted as an accessory structure upon application of a special exception permit. The Planning Board may allow such accessory structures, provided that at a minimum they meet the requirements of this section and such other conditions as the Planning Board may require to meet the purposes of this chapter and they meet the required setbacks, subject to the requirements of the following Subsection G. The overall size of the indoor riding facility shall be limited to 12,000 square feet, and only one such structure shall be permitted for each horse farm.

In consideration of the fact that such horse farm or horse stabling or riding facility will be primarily located in residentially owned areas, the architectural style of buildings and structures shall be consistent with other agricultural buildings and as compatible as possible with the surrounding neighborhood, and the buildings shall be of a style and construction satisfactory to the Planning Board. Screening shall be required where it is determined to be necessary to minimize any adverse visual effects on neighboring properties. In siting larger structures, such as an indoor training track or exercise ring, the Planning Board shall consider the topography of the subject property and adjacent sites to take advantage of any natural screening which may be afforded by the land itself and/or by existing vegetated areas. Notwithstanding any provisions to the contrary, the Planning Board may allow the use of structures that existed prior to the effective date of this section, provided that potential impacts upon surrounding residences are minimized to the maximum extent practical.

All parking areas shall be located a minimum of 200 feet from any front, side or rear lot line and shall be screened from view from all streets and from all surrounding properties.

The horse farm, horse stabling facility and/or horseback riding facility may be used for the following purposes: shelter and care of privately owned horses, the letting of horses for hire to individuals or groups, whether supervised or unsupervised, and/or horseback riding instruction/training, provided that these activities are located sufficiently away from neighboring residences so as not to impinge on the use and enjoyment thereof and appropriate off-street parking and access is made available and there are no signs, other than a farm identification sign, on the premises. The Planning Board may further condition or limit the scope of these activities or uses depending on the amount of property available and the potential impact upon neighboring residences.

The holding of horse shows, rodeos or any other equestrian or spectator events shall be prohibited, except that on parcels of 15 acres or greater, three events per year each lasting no longer than three consecutive days within a two-week period shall be permitted. All equestrian or spectator events shall be subject to a special events permit in accordance with Chapter 184, Special Events, of the Village Code and approval of a suitable parking and traffic circulation plan. No other commercial enterprise, either as a principal or an accessory use, such as a tack shop, shall be permitted on the horse farm or facility.

In the event of a reduction in the acreage requirements in this section subsequent to the issuance of a special exception use permit, the Planning Board may cancel said permit and require the removal of any building or other structure erected pursuant to the special exception use permit.[1]

The Planning Board may require a bond, covenants or other similar documents to assure the provisions of this section are adhered to.

The wind energy conversion system shall be set back from all property lines, aboveground utility lines, radio or television towers and any other wind energy conversion systems by a distance equal to or greater than the distance from the existing grade at the foot of the tower to the top of the sweep of the blade or rotor system.

No such system shall be located in a required yard (see Table of Dimensional Regulations).

All guy wires and anchors shall be located at least 10 feet from any property lines.

No wind energy conversion system shall be constructed until a building permit has been issued to the property owner by the Building Inspector. Each application shall be accompanied by a complete plan drawn to scale showing the location of the tower on site, existing grade elevation, location of all structures, aboveground power lines or other utility lines within a radius equal to the distance from existing grade at the foot of the tower to the top of the sweep of the blade or rotor system and dimensions and sizes of the various structural components of the tower's construction. Also submitted shall be a detail design of the entire structure, including footings, tower, rotor or blade system and any other component of the wind energy conversion system, with computations submitted by a registered professional engineer licensed in the state certifying that the tower (including footings and rotor system) is designed to comply with the wind load requirements of the State Building Construction Code. It shall also be certified by said engineer that the energy conversion system is designed so as not to exceed the peak load requirements of the user(s) of the system.

No climbing pegs shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers. A six-foot-high fence with a locking portal shall be required to enclose lattice towers.

The minimum distance between the ground and any part of the rotor or blade system shall be 15 feet, and in no event shall such wind system exceed the maximum height permitted for an accessory structure.

An automatic braking, governing or feathering system shall prevent uncontrolled rotation at wind speeds greater than 40 miles per hour.

All power transmission lines from the tower to any building or other structure shall be located underground.

No television, radio or other communication antennas may be affixed or otherwise made part of any wind energy conversion system.

A wind energy conversion system shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR 15 (Federal Communications Commission), as it exists or as from time to time amended.

Evidence satisfactory to the Building Inspector shall be submitted that the wind energy conversion system complies with the regulations of the Federal Aviation Administration, Part 77, Subchapter B, as it exists or as may be amended.

All necessary approvals of other agencies having jurisdiction over such installation, including but not limited to a New York Board of Fire Underwriters inspection certificate, shall be presented to the Building Inspector of the Village prior to the issuance of a building permit. In addition, the owner of the premises on which said system is to be erected shall sign a statement prepared by the Building Inspector acknowledging the provisions of this section and agreeing that the issuance of a permit for the construction of said wind energy conversion system is subject to such provisions. No person other than the owner of the premises may sign such statement.

Property owners may construct a wind energy conversion system only for their use by special exception, but such a system may not be rented or leased to any other person and shall be for the sole use and benefit of the owners of property on which the system is located. The mechanical or electrical energy produced or generated by such system may not be sold or otherwise made available to any person other than the owner or the local public utility.

A certificate of compliance indicating that the wind energy conversion system has been built in conformance with the plans and specifications filed with the Building Inspector shall have been issued prior to the operation of the wind energy conversion system.

No alterations, additions, modifications, substitutions or deletions shall be made to such wind energy conversion system without approval of the same pursuant to the provisions of this article.

The Building Inspector shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of the system and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or in the structural stability of the system. If necessary, the Building Inspector may order the system secured or otherwise cease its operation. It shall not be required that the owner or his agent be present in the event of an emergency situation involving danger to life, limb or property.