The application for a zoning permit for a special use shall be on a form provided by the enforcement officer. The enforcement officer shall determine the completeness of any application made under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies. Written notification of the application shall be sent to all property owners within 300 feet of the boundaries of the applicant, at least seven days prior to consideration of the application by the Planning Board.

The Planning Board shall consider the application and render its decision within the time period provided by applicable Town Law (herein referred to as "ATP") from the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within the ATP of the date of submission and render its decision within ATP of the hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. A public hearing shall be at the option of the Planning Board.

Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given, in writing, to the enforcement officer, a copy filed with the Town Clerk within five days of the date of the Board's decision, and a copy of the Board's determination furnished to the applicant upon request.

Location, size of use and structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to streets giving access to it will be in harmony with the orderly development of the district.

Location, nature, and height of buildings, walls, and fences will not discourage the appropriate development and use of adjacent land and buildings, or impair their value.

Operations of conditional use shall not be more objectionable to nearby properties than will be operations of any permitted standard use.

Adequate combination of public and private parking is provided.

Gasoline station: lot width, minimum of 150 feet except on a corner lot, then the minimum may be reduced to 100 feet; two pump islands with a minimum of three pumps set back at least 12 feet from street line or highway right-of-way; building containing a maximum of three bays and set back at least 25 feet from the street line or highway right-of-way; a minimum of 200 feet visibility of the pumps on the same side of the street and 240 feet visibility on the opposite side of the street, a masonry wall or a fence and screen planting where abutting a residential district.

Hotel/motel: a minimum distance of 15 feet from any lot line to any building, minimum distance of 10 feet between buildings, minimum lot area of 2,000 square feet per unit, off-street parking requirements as per Zoning Schedule Narrative, approval of water supply and sewage disposal by the New York State Department of Health.

Marina: A minimum of 375 square feet for each boat shall be required. A minimum of 15 feet width for each boat space shall be required. A minimum distance of 15 feet from any lot line to any building or to any stored boat shall be required. Shrubbery and other plantings to screen the operation from adjacent properties shall be required to minimize noise, glare of lights and other factors. Motors shall not be operated closer than 50 feet from any boundary lines. Sufficient off-street parking space for traffic generated shall be provided. Approval of the water supply and sewage disposal by the New York State Department of Health is required.

Medical facility: minimum lot area five acres, minimum distance from any lot line to any building 100 feet; off-street parking spaces of one unit for each three patient beds excluding bassinets, staff or visiting doctor, intern, nurse, three employees, three student nurses, and service vehicle; clinics and outpatient departments, three parking spaces for each examination room; adequate unloading space must be provided.

Membership or private club, community building: minimum lot area five acres; minimum distance from any lot line to a principal building 100 feet. No off-street parking in required front yard. Off-street parking as per Zoning Schedule Narrative.

Mineral resource uses. The excavation and sale of sand, gravel, clay, shale, topsoil, or other natural mineral deposits, subject to the following conditions where they apply:

Mobile home parks. In addition to any regulations herein provided, mobile home parks are subject to the regulations set forth in Chapter 179.

Motor vehicle wrecking yard. All dismantling, burning, cutting of vehicles shall take place in an area at least 500 feet from any property line, highway right-of-way or street line. This area is to be screened from view from any street, highway, or property line by screen planting, or an approved fence so as to be completely hidden from any highway, street, or property line. Any storage of parts or vehicles outside of this wrecking yard shall be within a building on the same lot or premises. Such building shall be an accessory building and subject to the restrictions of accessory buildings. All motor vehicle wrecking yards shall comply with the provisions of the General Municipal Law of the State of New York.

Residential uses: includes multifamily dwelling, residential care facility; mixed commercial-residential use; and home business.

Riding academy: maximum height 35 feet; minimum distance from street line to any building 125 feet; minimum distance from any side or rear line to any building 100 feet.

Mobile dwelling (farm use).

Accessory buildings. No accessory building may be erected on a vacant lot. However, accessory buildings as standalone structures may be permitted, upon issuance of a special use permit and only in Agricultural ("A"), Business ("B"), Industrial ("I") and LR-40 Districts located south of New York State Route 31, subject to the following requirements:

Kennels.

It is the purpose of this section to provide a process for the recognition and detailed evaluation of those types of natural and related land use considerations which, given the nature, level of detail and scale of the Town wide inventory and Zoning Maps, require a more exact site specific evaluation on a case-by-case basis than is otherwise possible. Specifically, the Resource Management (RM) Overlay District has been established to depict land and water areas with particularly significant limitations to development that necessitate a more careful evaluation of the likely impact of such development. The types of limitations encompassed within this overlay district include:

Consistent with this purpose, the provisions of this section shall apply to all land and water areas in a Resource Management (RM) Overlay District as set forth herein below.

The nature and content of an application for any use considered under this section shall be as set forth in Appendix A, Required Submissions,[1] and such additional information as may be required in the administration of this section. The enforcement officer shall determine the completeness of any application considered under this section and shall notify the applicant within five days of the date of submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies.

The Planning Board shall consider the application, including such professional expert assistance as may be necessary, and render its decision within the time period provided by applicable Town Law (herein referred to as "ATP") from the date of submission of a complete application if no public hearing is held; or, alternatively, schedule and hold a public hearing within ATP of the date of submission and render its decision within ATP of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional at the discretion of the Planning Board.

Notification of the Planning Board's decision to authorize or deny the permit and the reasons for this decision shall be given, in writing, to the enforcement officer, a copy filed with the Town Clerk within five days of the date of the Board's decision and a copy of the Board's determination furnished to the applicant upon request.

Flood hazard areas. No use shall be situated within any flood hazard area where the location of such use will jeopardize the health, safety or welfare of the occupants of such use, the stability of the use itself or where such use will aggravate flooding conditions upstream due to the displacement of floodwaters. In particular, any use proposed in such area shall be reviewed according to the applicable provisions of the National Flood Insurance Act.

Wetlands. No use shall be situated in or adjacent to any wetland area where the location of such use, by landfill or drainage, will damage or affect in a significantly detrimental manner the water retention capacity or unique flora or fauna characteristic of such wetland, and, further, no such use shall be located where the instability or inadequate bearing capacity of the wetland would jeopardize the stability of the use itself. In particular, any use proposed in such area shall be reviewed according to the applicable provisions of the NYS Freshwater Wetlands Act of 1975.

Steep slopes and adverse soil conditions. No structure shall be situated on any slope in excess of 25%, or any soils where the location of such use will cause or aggravate significant earth erosion or slippage, or encourage malfunctioning of any individual sewage disposal or the contamination of the water table.

Certified agricultural district. Proposed uses and/or structures shall be located so as to minimize the impact on viable farmland.

These districts are to provide a means of developing land areas for new residential, business and industrial uses, including a satisfactory combination of these uses in an economic and compatible manner, utilizing innovative planning and architectural concepts but without departing from the spirit and intent of this section.

These districts are designed to accommodate proposed clustering techniques not otherwise provided for in the other zoning districts.

The Manufactured Home Park District shall provide a suitable setting for the location of manufactured homes and mobile homes. This section is intended to apply to mobile homes wherever reference is herein made to manufactured homes.

Approval of a preliminary development plan and amendment of the Zoning Map by the Town Board to establish a Planned Development District;

Authorization to proceed with the project in a Planned Development District.

Unless otherwise distinguished, the terms of this section shall apply equally to either the Planned Development District or Manufactured Home Park District.

Application for amendment of the Zoning Map for a Planned Development District shall be made to the Town Clerk for transmittal to the Town Board for consideration at its next regularly scheduled meeting. The Town Board may, upon its own motion, initiate an application for the establishment of a Planned Development District.

The applicant shall submit a preliminary development plan, at an appropriate scale, illustrating the type, uses and design of the proposed development, including any or all of the following as required by the Town Board, to wit:

The Town Board shall refer the completed application to the Planning Board for its review and recommendation.

The Planning Board shall review the application to determine whether it is complete and may request clarification and additional information from the applicant regarding any aspect of the application. The Planning Board and the applicant may negotiate refinements or modifications in the preliminary development plan proposals or other aspects of the application. This negotiating process is intended to permit changes in the original application that will allow the project to meet the objectives of this chapter. The applicant may terminate negotiations at any time by asking the Planning Board to proceed with its review procedures at its next regular meeting. The Planning Board shall determine, in the exercise of its discretion, the use or uses to be combined within the Planned Development District in accordance with the purpose of this section.

The Planning Board shall review the application and evaluate the development plan with consideration of the following:

The Planning Board shall recommend to the Town Board, within 60 days of the official submission date to the Planning Board, approval, approval with modifications or disapproval of the development plan, giving reasons therefor. The time period for Planning Board recommendation may be extended by mutual consent of the applicant and the Planning Board.

The Town Board shall hold a public hearing as required for any amendment of this chapter and shall consider the report and recommendations of the Planning Board, and all other comments, reviews and statements pertaining thereto. The Town Board may act to amend the Zoning Map to establish and define the type and boundaries of the Planned Development District, and in order to protect the health, safety and general welfare of the community, may establish additional requirements and specific conditions restricting the nature, density, or design of proposed land use and development, and may request that the applicant submit an amended preliminary development plan conforming with such requirements and conditions prior to final action by the Town Board to establish a Planned Development District.

Upon approval by the Town Board of a preliminary development plan and establishment of a Planned Development District, the plan shall be filed with the Town Clerk and shall serve as a permanent record to guide future action.

Before taking final action on amending the Zoning Map, the Town Board shall refer such matters to the Madison County Planning Agency in accordance with the provisions of General Municipal Law § 239-m.

Area/density. All Planned Development Districts shall have a minimum area of 10 acres, and all development within the districts shall not exceed density specifications determined by the Planning Board for the intended use and compatible with this section.

Setbacks. The minimum setback of a building from an adjacent district boundary for any manufacturing, other industrial, research or business use shall be 150 feet unless specifically waived or varied by the Planning Board. District boundary setbacks for other permitted uses shall be determined by the Planning Board in accordance with the stated purpose of this section.

Roads. All roads, whether to be offered for dedication to the Town or not, shall be constructed in accordance with Town standards as established in Chapter 235, Subdivision of Land, and, in addition, according to any additional requirements deemed necessary by the Town Engineer and as set forth in the resolution of approval of the final plan.

Open spaces and recreation areas. Suitable and satisfactorily located areas of every Planned Development District, which includes residential uses, shall be designated and reserved for open spaces, and/or recreational purposes. Improvements and facilities to be provided as part of the open spaces and recreation areas, and provisions for maintenance shall be acceptable to the Town and the responsibility of the applicant.

Access. Access, insofar as practicable, shall be provided for by ingress and egress on to nonmajor or collector streets to minimize the number of accesses on to highways.

Landscaping, fencing, screening. Appropriate natural screening and buffering, such as plantings, shall be required to minimize, among other things, the adverse visual impact of the intended use.

Signs. Notwithstanding the provisions of this chapter, any sign to be erected within the district, whether attached or detached, shall be approved by the Planning Board. All signs must be immediately removed if the use is discontinued for more than 30 days.

Open storage. There shall be no open storage except for enclosed refuse containers located in areas approved by the Planning Board.

Architectural review. All structures, including fences, plantings and landscaping, shall be subject to an architectural review by the Planning Board to ensure that the proposals are compatible with the purpose of this section.

Natural resources. The development plan shall, insofar as is practicable, maintain the greatest open space in the areas of greatest visibility and shall protect natural resources such as woods, wetlands, swamps, aquifers, etc.

Scenic vistas. The development plan shall locate structures, parking and open spaces, insofar as is practicable, in such a manner that scenic vistas are not impaired.

Outdoor lighting. The development plan shall ensure that outdoor lighting does not adversely impact neighboring properties or the scenic and rural character of the Town.

Bonding. The development plan shall state the manner in which the applicant intends to comply with applicable bonding requirements.

Manufactured homes shall have a minimum floor area of 750 square feet.

Yard requirements shall be determined by the Planning Board depending upon lot arrangement, subject to a minimum of 30 feet between each manufactured home. No manufactured home shall be closer than 50 feet to any boundary of the district.

Any area from the floor of the manufactured home to the ground shall be skirted with a suitable opaque material.

An enclosed storage area of at least 80 square feet shall be provided for each manufactured home.

A minimum of two off-street parking spaces shall be provided for each manufactured home.

The foregoing are minimum requirements and the Planning Board in the exercise of its discretion may increase, vary or waive the requirements in accordance with the stated purpose of this section.

Setback. The following front, side and rear yard dimensions shall apply, unless otherwise determined by the Planning Board.

Off-street parking shall be provided according to the following.

Building height shall be as follows:

In a Manufactured Home Park District, the clustering of manufactured homes is permitted, together with such additional uses as are determined by the Planning Board as being compatible with the aforesaid use and the purposes of this section.

In all other Planned Development Districts, the following uses may be permitted, subject to the determination of the Planning Board that the intended uses are compatible with one another and the purposes of this section:

Amendment of the Zoning Map to establish a Planned Development District shall not constitute authorization to undertake any construction and development in the district.

Such authorization shall require that the applicant submit to the Planning Board a final development plan conforming to conditions and restrictions imposed by the Town Board, if any, and such further plans and specifications and supporting documents required for a building permit. The final development plan shall include the approved preliminary plan and any or all of the following as required by the Planning Board:

If the applicant has previously indicated that development of the Planned Development District will be phased, the application for a building permit may be limited to approve phases. It is the intent of these regulations that any individual phases of a planned development project proceed logically and have an integrity of use in their own right so that if for any reason the entire planned development is not completed, the developed portions will be an asset to the community by themselves and can eventually be extended and completed without land areas becoming isolated and inaccessible. Phasing plans shall consider this objective.

No building permit shall be issued until the Planning Board has undertaken its normal reviews required by these regulations and has determined that the final development plan has been made to conform to all prior conditions and restrictions, if any, and has approved the plan, and until the Planning Board has forwarded a copy of the approved plan to the Town Board.

If subdivision is requested or required, no building permit shall be issued until the Planning Board has given its approval as provided in Chapter 235, Subdivision of Land, and there has been full compliance with Chapter 235, Subdivision of Land, and the applicable provisions of Town Law, Article 16.

If development of a Planned Development District has not commenced within one year after the date of the Planning Board approval of a final development plan and issuance of a building permit, the permit shall become null and void, and the plan approval shall be deemed revoked and vacated; except that such time period may be extended upon application to and authorization by the Planning Board.

If construction in a Planned Development District has not commenced within the period described above, the Town Board may elect to conduct a public hearing and otherwise consider and act upon amendment of zoning of the land from Planned Development District to its former district status.

An application for amendment of an established and existing Planned Development District, including changes to the approved development plan, shall be submitted to the Planning Board for review and consideration. An applicant seeking to amend an established and existing Planned Development District shall submit an amended development plan to the Planning Board which shall contain the information required by § 275-12(D)(2) and (I)(2) and such other information as required by the Planning Board to evaluate the proposed amendments to the Planned Development District. The Planning Board may also require an applicant comply with the requirements of § 275-8M and Town Law § 274-a as part of the application. In evaluating an application for amendment of an established and existing Planned Development District, the Planning Board shall consider the criteria and standards applicable to the initial establishment and creation of a Planned Development District as established in this § 275-12.

The Planning Board, in its discretion, may schedule a public hearing relative to the amendment of an established and existing Planned Development District.

In the instance where an application for amendment of an established and existing Planned Development District has been approved, the amended Planned Development District development plan shall be filed with the Town and serve as a permanent record to guide further action.

The procedure for amending an established and existing Planned Development District as set forth in this § 275-12K shall not apply to amendments, modifications or changes to the allowed and permitted land uses within the Planned Development District or to the amendment of the boundaries of the Planned Development District. An application to amend, modify or change the allowed and permitted land uses within an established and existing Planned Development District or to amend, modify or change the boundaries of an established and existing Planned Development District shall require legislative approval by the Town of Sullivan Town Board. In such cases, the procedure for the initial establishment and creation of a Planned Development District as set forth in § 275-12 shall govern.

Dimensional standards.

Sanitary and environmental health standards. Any clubhouse food service or other on-site sale of food or drink requiring on-site preparation or refrigeration must have a food service permit from the Madison County Department of Health. Private water supply and on-site sewage disposal systems for those courses not served by public water or sewer also require approval of the Madison County Department of Health.

Lighting. In residential districts, there shall be no artificial lighting and no play allowed after darkness.

Screening. Screening or netting shall be provided along or behind fairways and greens wherever necessary, as determined by the Planning Board, to prevent the travel of golf balls beyond the course's property lines.

Signage. Signage shall be subject to the standards applicable to signs in the zoning district in which the course is located.

Grading plan. The site plan material shall include a grading plan showing contours and cut and fill volume for all graded areas, including tee areas, fairways, landing areas in place of continuous fairways, greens, and playing hazards, such as sand traps and ponds, and it shall indicate how storm drainage runoff will be handled in accordance with the water use plan; and it shall identify all undisturbed natural gases.

Water use plan. The site plan material shall show any areas to be irrigated, shall provide an estimate of water consumption by water source (potable water by source, pond water, treated effluent). Any irrigation shall be described by method and shown on the course layout. Storage ponds and water hazards shall be shown and estimates of seasonal storage volume provided, natural water bodies, streams, and wetlands on the course shall be shown, as shall any underground field tile drains, septic systems and disposal fields.

No overnight parking shall be permitted.

There shall be no more than two licensed and registered vehicles in addition to the owners'/employees' cars.

It is recognized that structures and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town, this section is intended to restrict adult uses to industrially zoned areas of the Town.

The Town Board hereby finds that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community.

The Town Board finds that, based upon common knowledge and experience and studies conducted by other municipalities (including but not limited to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York; and Ellicottville, New York), the adult uses sought to be regulated herein have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures.

Therefore, this section is intended to promote the health, safety and general welfare of the residents of the Town by regulating the concentration and location of such adult uses.

This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials; neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

Adult uses may be specially permitted in the Industrial District, subject to the additional restrictions and criteria set forth herein and as otherwise regulated under this chapter. Such uses are otherwise prohibited throughout the Town.

No adult use shall be allowed or permitted in any zoning district of the Town, except in an Industrial District. All adult uses shall comply with the applicable provisions of this chapter, including those relating to structures and uses permitted in an Industrial District.

In addition, no person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for any adult use within the Town unless such use meets the following standards:

Where there is a conflict between the regulations as provided in this section and any other law, rule or regulation of the Town, including this chapter, the most restrictive law, rule or regulation shall apply.

All distances set forth herein shall be measured from lot line to lot line. Any relief from the distance buffer referenced under this subsection shall require the issuance of a use variance.

Agricultural;

MR-12 (Medium Density Residential);

LR-40 (Low Density Residential); and

PDD (Planned Development Districts).