The following structures are exempted from the yard requirements indicated in Article IV:

If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and district, said proposed dwelling need not have a front yard greater than the average setback of all existing dwellings so located.

Such building shall not exceed 15 feet in height;

Such building shall be set back 10 feet from any lot line and at least 10 feet from the main building;

Such building shall not occupy more than 400 square feet of the required yard;

A building permit shall be secured from the officers and employees of the Building Department for all sheds; and

A box trailer cannot be used as an accessory building/shed.

Not less than 20,000 square feet of contiguous land area, exclusive of underwater lands, if served by a central sewer system; or

Not less than 40,000 square feet of contiguous land area, exclusive of underwater lands, if not served by a central sewer system.

May continue indefinitely.

Shall not be enlarged, extended, reconstructed, or placed on a different portion of the lot occupied by such use on the effective date of this Part 1, nor shall any external evidence of such use be increased by any means whatsoever.

Shall not be changed to another nonconforming use without a special permit from the Zoning Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a lesser degree of nonconformance.

Shall not be reestablished, if such use has been significantly discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

A nonconforming building or structure shall not be extended or enlarged.

A nonconforming building or structure shall not be moved to another location where such building or structure would also be nonconforming.

A nonconforming building or structure may be restored but not enlarged after damage by fire, accident or other act by God, and the nonconforming use may be reinstated, provided that the restoration is completed within one year after such damage is incurred.

Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to district regulations for lot area, lot width, front, side or rear yards, maximum height and lot coverage or other such regulation is permitted if the same does not increase the degree of, or create any new, nonconformity with such regulations in such building.

Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out upon the issuance of a building permit of major alterations or demolition necessary in the interest of public safety. In granting such a permit, the officers and employees of the Building Department shall state why such alterations were deemed necessary.

A residential lot which is owned individually and separate from any adjoining tract and existing on the date of enactment of this Part 1 or on the effective date of any subsequent local law amendment that does not have the minimum lot area specified for residential use in Article IV may be used for any use permitted by right in the zoning district in which the lot is located, provided that the lot contains at least 60% of the prescribed lot area and is within 75% of each of the other area and yard requirements of the district. This provision shall apply whether or not the lot is located in part of a subdivision approved by the Town of Thompson and filed in the office of the Sullivan County Clerk. Where such residential district in which the lot is located requires certain utilities, the provision of such shall be prerequisite to its residential use. A residential lot in an approved subdivision owned individually is relieved of conforming to the minimum lot area specified above, provided that said lot is serviced by both central water and sewer services.

Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this Part 1 shall have three years from the effective date of this Part 1 to obtain a building permit under the provisions of Subsection C(1). Any nonconforming lot in a subdivision which has received final approval from the Planning Board more than three years prior to the effective date of this Part 1 and which is not serviced by central water and sewer systems shall not be eligible to receive a building permit, and said subdivision, part or lots thereof shall be resubmitted to the Planning Board in accordance with the applicable provisions of this Part 1.

Any lot in a subdivision approved by the Planning Board after the effective date of this Part 1 which conforms to the bulk, width and depth requirements of this Part 1 but which is made nonconforming as to bulk, width and depth by any future amendments of this Part 1 shall have three years from the effective date of the future amendment to obtain a building permit under Subsection C(1). Any subdivision lot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this Part 1, and Subsection C(1) shall not apply to such a lot.

Any separate lot, nonconforming as to bulk, which becomes subsequently attached to other adjoining land in the same ownership shall be entitled to the benefit of the provisions of Subsection C(1) only if the total contiguous lot remains nonconforming as to bulk after the lots become attached.

Existing bungalows may be replaced with a new unit on the same building footprint, provided that all applicable building separation requirements of the zoning district are met as well as all requirements of § 250-34 of Chapter 250 of the Code of the Town of Thompson; the Building Department in carrying out the provisions of this section may impose reasonable conditions set forth in writing to gradually bring preexisting development into closer conformance with the standards of the district in which the use is located, as is necessary to protect the public health, safety, and general welfare.

The floor area of existing bungalows and other existing structures on the premises may be allowed to increase by no more than 15% or 200 square feet, whichever is greater, based on the floor area approved in the original site plan, provided all applicable building separation requirements of the zoning district are met, following approval by the Planning Board, and provided that such addition does not result in the lot coverage of the entire colony to be greater than 10%. Once a bungalow or other existing structure has an approved addition as described above, no further additions to that bungalow or structure shall be permitted. All construction is subject to all requirements of § 250-34 of Chapter 250 of the Code of the Town of Thompson. The Planning Board, in carrying out the provisions of this section, may impose reasonable conditions to bring preexisting development in the applicant colony into closer conformance with the standards of the district in which the use is located, as is necessary to protect the public health, safety, and general welfare, and more specifically, may require changes and/or additions for the colony as a whole regarding access, location of refuse containers, sewage, drainage, landscaping, appearance of existing structures, number and arrangement of parking spaces, and dissemination of noises, noxious odors, dust, or other hazardous pollutants. All such additions to existing site plans shall be subject to public hearings.

No new buildings, units, or structures within a nonconforming bungalow colony are permitted.

The single-family dwelling or two-family dwelling may not be rebuilt, enlarged or extended in any manner which increases its floor area or volume of enclosed space by more than 50% over the floor area or volume of the existing structure, or over the floor area or volume of the structure under construction for which a building permit has been issued, as of January 1, 2020. The limitation shall apply to all permits for construction cumulatively over the lifetime of the structure, subsequent to January 1, 2020. For the purposes of measuring permit applications against this standard, the Building Inspector shall consider the base floor area and volume of the structure as it is existed on January 1, 2020, according to the records of the Building Department of the Town. In the absence of such records, the applicant shall provide documentation on the size and configuration of the structure as of January 1, 2020.

New construction of single-family or two-family dwellings is prohibited in the East Broadway Gateway, and shall be considered a nonconforming use, unless such uses are part of a mixed-use development as defined by this chapter.

The plan should use landscaping to promote attractive development and preserve and enhance the appearance and character of the surrounding area.

The plan should use landscaping to delineate or define vehicular ways, pedestrian pathways and open spaces.

The plan should integrate open space as part of the overall site design, and preserve mature trees, hedgerows, wetlands and woodlots to the maximum extent possible.

The plan should use landscaping to create boundaries and transitions between areas of differing development intensities, as well as to separate areas of incompatible land uses.

Landscaped areas may include a combination of trees, shrubs, flowering plants, ground cover and manicured lawns. Simple designs requiring less maintenance are generally preferred, as landscaping that is not regularly maintained can look unkempt and become an eyesore.

Landscaped areas are recommended at the entrances to all residential developments and commercial buildings, and around permanent free-standing signage. Applicants are also encouraged to incorporate landscaping around buildings that are visible from public roads, especially along portions of buildings without ground floor display windows, such as side and rear elevations.

Landscape buffers are recommended to create an attractive natural barrier between properties. In such cases, the landscaping should appear as a single, cohesive buffer. Where appropriate topography and soil types exist, buffer areas are encouraged to be designed as landscaped bioswales or rain gardens.

Internal and peripheral landscaping plantings are recommended in parking lots to delineate driving lane, provide shade, improve community aesthetics and reduce stormwater runoff. See § 250-22E, Landscaping standards for parking lots.

All plant material shall conform with the "American Standard for Nursery Stock" of the American Association of Nurserymen, latest edition. Plant material shall be healthy specimens, suitable for local climate conditions, and shall be installed consistent with sound horticultural practices. Selected plants should be from the Zone 5b plant hardiness zone, and able to withstand poor and compacted soil conditions.

The use of native species is highly encouraged, and the use of invasive species as defined by six NYCRR Part 575 - Prohibited and Regulated Invasive Species shall be prohibited.

The location of overhead and underground utilities should be taken into consideration to maintain the health of trees and other landscaping by not compromising their root system or making them unstable through overpruning.

The minimum plant size shall be specified in the landscape plan and approved by the Planning Board. It is recommended that all landscaping material, except trees, be of a sufficient size at the time of planting to reach maturity within three years.

All landscaping required by this chapter shall be installed prior to occupancy or commencement of use. Where this compliance is not possible because of time of year, the Planning Board may grant an appropriate delay, provided a security bond is posted.

Any landscaping installed in accordance with this section that substantially deviates from the number, type or location of plant material shown on the approved landscaping plan shall be approved by the Planning Board before a certificate of occupancy is issued.

Any landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Dead or damaged landscaping should be replaced within a reasonable timeframe as determined by the Planning Board.

There is no limitation on the number of agricultural vehicles permitted accessory to farm use.

Not more than one commercial vehicle over 25 feet in length may be parked within a private garage in a residential district.

No parked motor vehicle or trailer less than 10 feet in width shall be used as a residence.

Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, other than a street or driveway. A driveway within a required front yard in a residence district may be counted as one space.

Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within a five-hundred-foot walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which they are located, and in no event shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such district, or by permission of the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory or leased for not less than 50 years, and said owner or lessee shall maintain the required number of spaces available either through the existence of such use or until such spaces are provided elsewhere.

For the purpose of computing the number of parking spaces available in a given area, each space shall be not less than 10 feet in width and 20 feet in length, with a minimum of 300 square feet allocated for each space in order to provide room for standing areas and aisles for maneuvering.

Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.

All open parking areas shall be properly drained and all such areas of over 10 spaces shall be provided with a dustless surface.

Required parking spaces may be provided in spaces designated to serve jointly two or more establishments whether or not located on the same lot, and the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.

Wherever possible, applicants should incorporate green infrastructure elements into their parking lot design. Where soil types are adequate to provide stormwater infiltration, the planting islands should be notched and recessed to function as landscaped bioswales or rain gardens.

Trees and other plantings in landscaped islands should be able to withstand the stresses of urban conditions such as poor soils and prolonged exposure to the sun.

Parking lots should be buffered from public sidewalks with landscaping or fencing, or a combination of both. Fences should be constructed of natural materials (wood, brick, stone, etc.)

Trees should be of a sufficient height or should be pruned so they do not inhibit the sight lines of vehicles entering and exiting the parking lot.

To minimize cleanup and maintenance, trees that do not have fruit, and/or large cones that seasonally fall are preferred.

Where two or more uses on the same site are able to share the same parking spaces because their parking demands occur at different times, the same parking spaces may be counted to satisfy the minimum parking requirements for each use upon the approval by the Planning Board.

The following information shall be supplied to the Planning Board as part of a written request for shared parking:

The Planning Board may grant approval for shared parking if it finds that:

The Planning Board may require that a portion of the site be set aside for the development of future parking in the event the shared parking proves to be inadequate to accommodate parking demands or a change in use of any of the properties causes parking demands to converge at the same times.

The minimum habitable dwelling area applicable to the lot as specified in Article IV, District Regulations, may not be met by including any area of additional construction that is added to the basic manufactured unit.

Double-wide mobile homes shall be installed on a load-bearing perimeter foundation, such as a full basement or crawl space, or they may be founded on a slab surrounded by permanently installed masonry skirting.

Double-wide mobile homes may either be newly manufactured or used but no more than 10 years old on the date of the application for a building permit.

In order to simulate the appearance of a conventional, detached single-family dwelling, all roofs shall be of asphalt composition, with a minimum pitch three vertical to 12 horizontal.

Mobile homes, double-wide, are permitted in subdivisions in the RR-1 District, provided that all district regulations are met.

No person shall construct, own or operate a mobile home park without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1.

A mobile home park shall be allowed only by authorization of the Planning Board in those districts where such use is permitted.

Applications for a mobile home park building permit shall be filed with the Planning Board for approval. Upon authorization of the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper annual fee, issue a building permit for a mobile home park.

Permits shall not be transferable or assignable.

After issuance of the permit to build, the same shall be valid until the end of the calendar year and shall be renewable every six months.

Renewal applications shall be filed with the officers and employees of the Building Department before the first day of December next preceding the expiration of the original permit. Prior to the issuance of a renewal permit, the officers and employees of the Building Department shall inspect the mobile home park premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations. Upon approval of the officers and employees of the Building Department or Planning Board, as the case may be, and payment of the proper annual fee, a renewal permit shall be issued.

Applications for a mobile home park permit shall be in writing, signed by the applicant, and shall state:

Each application shall be accompanied by a site plan indicating the following information:

The annual fee for a mobile home park permit shall be as provided in the local law establishing fees.[1]

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

The minimum lot area for a mobile home park shall be 10 acres and contain at least 5,000 square feet per mobile home site.

Sewage disposal and water supply systems shall have the approval of the New York State Department of Health or shall conform to the requirements of any ordinance or local law of the Town governing such systems, whichever is more restrictive.

The area shall be well drained and shall have such grades and soil as make it suitable for mobile homes.

No mobile home shall be less than 30 feet from any other mobile home.

Each mobile home site shall provide suitable connections to a central sewage disposal system and to an approved water supply system and underground electrical service approved by an appropriate electrical inspection person or agency, as determined by the Town.

Garbage and refuse shall be collected and removed from the premises at least once a week. All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 150 feet from any mobile home.

A public telephone shall be provided for each mobile home park, and fire extinguishers, approved by the local fire district officers, shall be furnished so that no mobile home shall be more distant than 150 feet from such extinguisher.

The outside burning of garbage, trash or rubbish is prohibited.

All mobile homes and other structures shall be set back at least 50 feet from the right-of-way line of any public street or property line and 25 feet from any internal access street.

Access to a mobile home park from a public street shall be provided by at least two connections, one for egress and one for ingress. All internal access streets shall be at least 20 feet wide and shall be provided with an asphalt surface.

Off-street parking spaces shall be provided containing at least 180 square feet per space. Three such spaces shall be furnished for every two mobile homes.

All entrances and exits, internal access streets, and other public spaces shall be adequately illuminated.

One nonflashing, illuminated sign containing an area of not more than 40 square feet and not more than 10 feet above ground level at its highest point may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from any property line.

Mobile home parks shall be landscaped in accordance with the following specifications:

The operator of a mobile home park shall keep a register wherein there shall be noted the name and permanent address of every mobile home situated in the park, the registration number of the same, the date it was admitted, and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the park.

Upon consideration of the intensity of development and the total number of mobile homes proposed, the Planning Board may require the reservation of not more than 10% of the gross area of the mobile home park for the exclusive use of the residents therein for recreation purposes. The minimum area for such purpose shall be not less than one acre.

Sale of mobile homes shall be permitted at any properly licensed mobile home park.

These regulations shall apply to all mobile home parks in operation prior to the effective date of this Part 1.

Whenever practical, replacement or installation shall comply with the current standards of § 250-25C of this Part 1.

No mobile home or double-wide mobile home shall be sited within 30 feet of any other mobile home except where a preexisting mobile home is replaced with a larger mobile home. Upon such replacement, if topography, curvature of road or other limiting conditions warrant, this distance may be reduced to 10 feet, provided that the average separation between the two ends of two individual homes is at least 20 feet. This average may be further reduced to 15 feet if the separation distance from the mobile home on the opposite side is at least 25 feet.

A replacement mobile home may be placed in the same location as an existing mobile home but not closer to any internal access street than 15 feet or the closest of any other then-existing mobile home located upon the same internal access street, whichever is greater.

Parking spaces for two motor vehicles must be provided for each replacement mobile home. The parking spaces may be parallel to the internal access street whenever there is 24 feet of road frontage available (per vehicle) along the internal access street or may be perpendicular to the access street provided that the minimum depth for parking is at least 28 feet as measured from the edge of the internal access street.

The Planning Board, when necessary, may vary the strict interpretation of these regulations in keeping with the procedures stated in Article IX of this Part 1.

Expansion of an existing mobile home park after the effective date of this Part 1 shall be made only in accordance with § 250-25C of these regulations.

The maximum number of dwelling units that may be approved in a cluster development shall be computed by multiplying the total acreage of the site after subtracting the areas that are unsuitable for development by the appropriate number of dwelling units per acre for the district in which such site is located as provided in IV, District Regulations. The maximum number of dwelling units shall not be approved if, in the judgment of the Planning Board, the site plan does not indicate adequate design and management of open space areas according to the following criteria:

In making this determination, the Planning Board may consult with the Town of Thompson Conservation Advisory Council and the Council's inventory and analysis of open space resources. The Planning Board shall determine the maximum number of dwelling units that the site is capable of supporting without causing adverse effects on the resources of the Town.

Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX.

Said site plan shall include area within which the buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan.

Nothing contained in this section shall relieve the owner or his agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter 255, Subdivision of Land, as applicable. In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas of Chapter 255, Subdivision of Land, provided that the common area dedicated in Subsection G(5) meets all other requirements of Chapter 255, Subdivision of Land.

Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

A homeowners' association approved by the Federal Housing Administration for mortgage insurance, by the Attorney General of the State of New York or by the Town Board.

A homeowners' association approved by the Town Board upon recommendation of the Town Attorney. Whenever a homeowners' association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homeowners' association and to ensure that the intent and purpose of this section are carried out.

Any other arrangement approved by the Town Board, upon recommendation of the Town Attorney, as satisfying the intent of this section, including condominiums and special districts.

The homeowners' association or its equivalent shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge as provided in the charter of the homeowner's association.

Title to all common property, exclusive of land set aside for public schools, shall be placed in the homeowners' association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time to be determined by the Planning Board.

Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homeowners' association.

Dedication of all common land areas shall be recorded directly in the subdivision plat or shall be referenced on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

The homeowners' association life shall be perpetual and it shall purchase insurance, shall pay taxes, shall specify in its charter and bylaws an annual homeowner's fee and provision for assessments, and shall establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it also shall have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction.

The developer shall assume all responsibilities as previously outlined for the homeowners' association until a majority of the dwelling sites are sold, at which time the homeowners' association shall be established automatically.

Creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in this Part 1.

Preservation and enhancement of community natural resources such as water bodies, wetlands, forests, significant topographic and geological features and other areas of scenic and ecological value.

Efficient use of a site to facilitate adequate and economical construction and maintenance of streets and drainage facilities and water supply and sewage systems.

Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure and housing cost.

Open space allocation and maintenance by private initiative as an integral part of residential development.

Residential: may be any type, including related accessory uses as provided elsewhere in this Part 1.

Nonresidential: may be permitted or required where such uses are designed to serve primarily the residents of the PUD District.

The maximum number of dwelling units that may be approved in a PUD shall be computed by multiplying the total gross acreage of the site after subtracting all underwater lands, protected wetlands, easements and rights-of-way for existing public or private roads by the appropriate number of dwelling units per acre for the district in which such site is located as provided in Article IV, District Regulations. The maximum number of dwelling units shall not be approved if, in the judgment of the Planning Board, the site plan does not indicate adequate design and management of open space areas according to the following criteria:

In making this determination, the Planning Board may consult with the Town of Thompson Conservation Advisory Council and the Council's inventory and analysis of open space resources. The Planning Board shall determine the maximum number of dwelling units that the site is capable of supporting without causing adverse effects on the resources of the Town.

A PUD may be approved only by resolution adopted by the Town Board upon recommendation of the Planning Board. A PUD application shall be considered by the Town Board only after receiving preliminary approval from the Planning Board.

Prior to the issuance of a building permit in a planned unit development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX.

Said site plan shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan.

Nothing contained in this section shall relieve the owner or his agent or the developer of a proposed planned unit development from receiving subdivision plat approval in accordance with Chapter 255, Subdivision of Land. In approving the final plat for a planned unit development the Planning Board may modify the acreage requirement for recreation areas of Chapter 255, Subdivision of Land, provided that the common land dedicated in Subsections C and E of this section meets all other requirements of Chapter 255, Subdivision of Land.

Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and the surety shall be approved by the Town Attorney and by the Planning Board.

Minor building additions to individual residential units in a PUD or similar cluster development up to 50% in size of the original unit will be permitted upon application and issuance of a building permit. The applicant shall provide written evidence to the officers and employees of the Building Department that the proposed building addition has the approval of the local homeowners' association or other local body with jurisdiction within the PUD or cluster development. Written evidence shall consist of a letter to the Town, signed by a duly authorized officer of the homeowners' association, indicating that all homeowners have been advised of the proposed minor addition. Subsequent additions or other modifications to the approved site plan shall be submitted to the Planning Board for approval.

Creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in this Part 1.

Provide appropriate areas for commercial activities such as research and development, or processing of materials, goods and equipment, and warehousing required by the residents of the Town in a manner that conforms to the Comprehensive Plan.

Promote consolidation of commercial uses into comprehensively planned areas, and promote a mix of industrial uses that provide the Town with a sound, diverse industrial base.

Provide adequate space for the commercial uses and their accompanying activities, such as off-street parking, loading areas, storage, communications, landscaping and accessory uses.

Minimize traffic congestion and the overloading of utilities.

Ensure compatibility with adjacent land uses and eliminate excessive noise, illumination, unsightliness, odor, smoke, hazards, and other objectionable influences.

Commercial uses of any type, including related accessory uses, as provided elsewhere in this Part 1.

Some PBP Districts may be located near residential neighborhoods. Therefore, it is necessary that all activities, including processing or assembly of materials and products, be carried on in a manner that is not injurious or offensive to the occupants of surrounding properties. Uses shall not cause:

Specific uses.

Minimum lot area: one acre.

Minimum setbacks:

Exceptions to setback requirements:

Minimum green space: 30%. For the purposes of this Subsection D(4), green space shall be the minimum space required which is not covered by buildings, paved and unpaved parking and driveways, sidewalks and other improvements and shall be used for vegetation, lawns, trees and the like.

Maximum building height: 50 feet. Notwithstanding anything to the contrary contained herein, building height shall not include mechanical appurtenances not usually used for human habitation (e.g., antennas, satellites, elevator shafts, etc.).

The following on-site signage shall be permitted:

Satellite dishes, towers, antennas and other mechanical appurtenances not usually used for human habitation shall be located on the tops of buildings and shall either not be visible from public ways or shall be shielded by parapets and grouped together to minimize the extent of visibility to public view.

Parking. Off-street parking adequate to accommodate the parking needs of the owner or occupant and the employees and visitors thereof, which shall not be less than the minimum number of spaces required by § 250-22 of this Part 1 for the specific use of each lot, shall be provided by the owner or occupant of each lot. The intent of this provision is to eliminate the need for any on-street parking; provided, however, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requirements increase as a result of a change in the use of a lot or in the number of persons employed by the owner or occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards:

Such other performance standards as may be adopted for particular PBP Districts and which are approved in accordance herewith.

An applicant seeking the establishment of a PBP District shall submit an application to the Town Planning Board that includes a concept plan and a concept statement which describes the applicant's intent, general uses, orientation, access, range of square footage, general building layout (location, number and size), and how the proposal will relate to the surrounding area.

The Planning Board must, within 40 days after the filing of a complete application, submit an advisory opinion to the Town Board, recommending approval, disapproval or approval upon condition of the proposed PBP District. If the Planning Board shall determine that a complete application shall not have been filed, it shall give notice of any deficiency, and pending receipt of such additional information and documents as may have been required the forty-day period shall be stayed.

The Town Board shall, within 40 days of receiving the Planning Board's advisory opinion, hold a public hearing as required by law to determine whether to adopt a local law creating the PBP.

The Town Board may approve, disapprove or approve upon condition such local law and such local law shall amend the Zoning Map to include such district.

Prior to submitting an application for site plan review, applicants for site plan review must demonstrate that the site plan conforms to the PBP covenants and restrictions which have been duly filed for the district.

Prior to the issuance of a building permit in a PBP, a site plan shall be submitted to and approved by the Planning Board in accordance with Article IX. Said site plan shall include areas within which buildings and structures are proposed to be located, the height and spacing of buildings, open spaces and landscaping, off-street parking, open and enclosed parking spaces, driveways and any other physical features relevant to the proposed plan. In addition to the information required herein, all other site plan requirements of this Part 1 shall be provided.

Purpose. Section 2.2.5 of the Town of Thompson — Village of Monticello Joint Comprehensive Plan states that "providing for land uses such as the Concord Resort Hotel is necessary to preserve major employment centers and preserve a source of attraction to the Town and region. The number of major resorts has dwindled and those which remain should be protected from incompatible adjacent land uses and permitted to expand and develop, provided those development plans maximize the protection and enjoyment of the Town's natural resources on which the bulk of the tourism industry depends." It is the intent of this section to establish a use entitled "planned resort development" ("PRD") which facilitates the accomplishment of these goals and objectives, and which provides for the orderly development of complementary commercial, residential and entertainment uses and the creation of a more desirable community environment than would be possible through strict application of the zoning regulations found elsewhere in Part 1 of this chapter. The use of sound integrated resort planning and land use concepts which reinforce the goals and objectives of the PRD shall be considered.

Zoning objectives. The objectives of a PRD are the development and/or redevelopment of one or more destination resorts meeting the requirements of § 250-27.2B(3)(a), having various commercial, retail, lodging, entertainment and recreational facilities and complementary one-family dwellings and multifamily dwellings through comprehensive planning and maximum flexibility of design, which will in turn result in or accomplish the following:

Other zoning regulations. Except with respect to the land use and development regulations, procedures and requirements which are set forth in Subsections B and C below, and §§ 250-14B, 250-22C and 250-28 of this chapter, a PRD shall comply with all other provisions of this Part 1.

Permitted zoning districts. A PRD may be established within the RR-1 Rural Residential-1 District, the SR Suburban Residential District, the HC-1 Highway Commercial-1 District, and the HC-2 Highway Commercial-2 District; provided, however, that a PRD may only be established in the HC-1 Highway Commercial-1 District and the HC-2 Highway Commercial-2 District on lots or parcels having frontage on a state or county highway and which are located within 2,500 feet of the intersection of two or more state or county highways.

Permitted land uses in a PRD:

Development regulations. All of the development regulations for a PRD set forth in this section, including those regulating permitted land uses and the density and arrangement of buildings and structures, shall be applied as a whole to each approved PRD Comprehensive Development Plan and shall not be applied to any individual areas within the PRD Comprehensive Development Plan site, notwithstanding the subdivision of the PRD site pursuant to Subsection C(3) below into two or more separate development sites and/or the separate ownership of such development sites, provided that no development within the PRD Comprehensive Development Plan may take place except in material conformance with a PRD Comprehensive Development Plan (as defined below) approved by the Town Board. The development regulations for a PRD are as follows:

Utilities. All contiguous land within a CPD shall be served by commonly controlled, publicly owned, or publicly regulated central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground in the manner prescribed by the state and local agencies having jurisdiction.

Open space. Not less than 35% of the gross site area of a PRD shall be devoted to open space which may be used for public or private recreational purposes, including, but not limited to, a golf course, and/or preserved in its natural state. The open space shall include lands having significant ecological, aesthetic and recreational characteristics, with topography, dimension, location access and improvements suitable for its intended purposes.

Certain definitions. For the purposes of this section, the following terms shall have the following meanings:

PRD Comprehensive Development Plan. Conceptual development plan(s) of the PRD ("PRD Comprehensive Development Plan") shall be submitted to and approved by the Town Board in accordance with Subsection C below. A PRD shall only be developed in compliance with the land use and development regulations set forth in this Subsection B and in material conformance with one or more approved PRD Comprehensive Development Plan(s), as such plan may be amended from time to time.

In the event of any conflict or inconsistency between these PRD land use and development regulations (§ 250-27.2B et seq.), and Article II of Chapter 250 (§ 250-2 et seq.) of the Town Code, then the PRD land use and development regulations shall control.

PRD Comprehensive Development Plan approval. The development of a PRD shall materially conform to the PRD Comprehensive Development Plan(s) approved by the Town Board. The PRD Comprehensive Development Plan(s) shall conceptually show the general layout and disposition of currently proposed and potential future uses, buildings and structures, the densities of such buildings and structures, parking and loading areas, pedestrian and vehicular rights-of-way, access and circulation, private and public open spaces and public uses, if any, and the proposed phasing of development. Each PRD Comprehensive Development Plan shall show on-site wetlands, water bodies and watercourses, and other significant topographic and ecological features, generally show the proposed architectural character and design concepts of uses and structures, and shall identify proposed stormwater management techniques and generally show existing and proposed new sanitary sewer and water facilities, whether public or private. The PRD Comprehensive Development Plan shall set forth design standards, including but not limited to maximum building heights, minimum required yards and setbacks, buffer and screening requirements, lighting and signage standards, street and roadway widths, and off-street parking and loading requirements ("design standards"). From and after the approval of a PRD Comprehensive Development Plan, the design standards shall be deemed to be additional development regulations for the purposes of Subsection B(3) above.

Site development plan approval. Before a building permit may be issued by the Building Officer for any use within a PRD, a site development plan of such use shall be approved by the Planning Board in accordance with and subject to all provisions of §§ 250-50, 250-51, 250-52 and 250-52.1 of this chapter and the provisions of this Subsection C, provided that the Planning Board shall not unreasonably withhold approval of a site development plan submitted under this section or require that such site plan be materially revised or amended if the site development plan substantially and materially conforms to a PRD Comprehensive Development Plan approved by the Town Board and complies with this section and all other applicable provisions of this chapter. An application may be submitted for site development plan approval of all or any portion, phase and/or separate development site of the PRD.

Subdivision approval. Subsequent to the approval of a PRD, all or any portion of the land area which constitutes a PRD may be subdivided either horizontally or vertically into separate development sites for purposes of sale, lease or mortgage and/or (to the extent permitted by law) tax lot creation without regard to the minimum site area or any minimum lot area or to any other bulk, dimensional or development regulation set forth in Subsection B(3) above or elsewhere in this chapter except the approved design standards of the PRD Comprehensive Development Plan provided that all lots, parcels or development sites so created shall in all events be developed and used only in conformance with the approved PRD Comprehensive Development Plan, the approved design standards of the PRD Comprehensive Development Plan and with any approved site development plan(s). Applications for subdivision approval shall be made to the Planning Board as set forth in Chapter 255 of the Town Code (the Town of Thompson Land Subdivision Regulations) and shall be subject to the provisions of Chapter 255; provided, however, that in the event of any conflict or inconsistency between the PRD Comprehensive Development Plan and/or the design standards and the standards contained in Article IV of Chapter 255, then the PRD Comprehensive Development Plan and the design standards shall control.

Master Association. It is anticipated that each PRD Comprehensive Development Plan will be developed in phases over time, and that different phases, portions and/or development sites of each PRD Comprehensive Development Plan will be developed and owned by different persons and entities, including duly formed condominium and/or homeowners' associations. To ensure that conditions of approval of a PRD Comprehensive Plan may effectively be enforced by the Town, and to prevent potential conflict between the different future owners, the applicant for the original approval of a PRD Comprehensive Development Plan shall be required to: duly form an association under New York State Law to act as the master developer of the PRD (the "Master Association") against which conditions of the approval of the PRD Comprehensive Development Plan may be enforced; and require all future owners of the separate phases, portions and/or development sites of the PRD Comprehensive Development Plan to be members of the Master Association. The organizational documents of the Master Association shall provide that only the Master Association shall be entitled to apply to the Town Board for an amendment to the PRD Comprehensive Development Plan.

Multiple dwellings, consisting of a building or buildings containing three or more rental apartment units, but excluding townhouses, duplexes, fourplexes and row houses, in either fee simple or condominium ownership, provided that:

Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, not owned in fee simple, or in condominium ownership, provided that:

The Town Board has determined that there is a need for specially designed senior citizen projects, which provide all units as affordable housing units. Affordable senior housing projects are intended to meet the purpose, intent and objectives of senior citizen projects, and must comply with all provisions and/or restrictions for senior citizen housing projects, unless specifically modified or waived under this section.

Senior citizens have different needs from the population as a whole. These needs may include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a single-family residence is no longer appropriate.

Senior housing developments can be integrated into existing or planned communities or neighborhoods if properly planned, constructed and maintained. A senior housing development that blends into the fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.

The Town of Thompson has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Citizen Affordable Housing Floating Districts (SCAH) by zoning amendment.

The purpose of the SCAH is to enable the Town Board to permit, on a case-by-case basis, affordable senior housing that satisfies the need for such developments in locations appropriate for the residents and surrounding land uses.

The granting of authority to establish an affordable senior housing development shall be subject to the conditions set forth below, the site plan and special use permit review requirements contained generally within Chapter 250 of the Town Code, and such other reasonable conditions as the Planning Board, in its discretion, deems appropriate. The Planning Board shall possess the authority to grant a waiver or modification from the requirements of this section.

Sites must be located in areas suitable for residential purposes and must be reasonably free of objectionable conditions such as industrial odors, noise, dust, air pollution, high traffic volumes, incompatible land uses, steep slopes, wetlands and other environmental or physical constraints.

The site shall be located such that access to the site can be obtained from a public street which meets current design standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

Sites must be selected with due regard to providing residents with reasonable access to such conveniences and facilities as public transportation, hospitals and medical services, shopping, religious, cultural and recreational facilities.

Municipal water and sewers must be provided at the site, as well as electric, cable and telephone.

Sites shall afford a safe and convenient system of drives, service access and adequate internal sidewalks and connections to off-site sidewalks conveniently accessible to all occupants.

The Planning Board may circulate a notice that it intends to serve as lead agency for a coordinated environmental review pursuant to the State Environmental Quality Review Act (SEQRA).[1]

If the application is subject to the referral requirements of the New York General Municipal Law § 239-l, § 239-m and/or § 239-nn, then the Planning Board shall refer the matter to the County Planning Department for such review and determination.

Metes and bounds description of the proposed district.

A survey of the parcel prepared and certified by a licensed land surveyor.

A map drawn to scale showing existing conditions of the parcel, including:

A proposed preliminary plan, drawn approximately to scale, clearly showing the following:

A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.

Preliminary floor plans and building elevations.

A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.

A statement as to the percentage and the location of dwelling units which are planned to meet affordable housing standards as defined in this article.

No senior citizen dwelling unit shall contain more than two bedrooms. Each complex may include a maintenance person's dwelling unit containing no more than three bedrooms.

The occupancy of senior citizen affordable housing shall be limited to two persons who meet the definition of "senior citizen" as that term is defined pursuant to present, future or amended definitions of the governmental agency providing subsidy or support to a project or to the head of the family if they otherwise qualify. The occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.

Within the senior citizen district, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as, but not limited to, cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related facility.

The following zoning standards will apply to the parent parcel of those proposed projects that have been approved for the SCAH. If not specifically enumerated in this chapter, standard Town of Thompson zoning requirements will apply.

The site plan must include suitably equipped and adequately maintained recreation open space. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide group privacy.

There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles, and these shall be provided with proper screening and maintenance.

Preference shall be given for veterans of the United States Armed Forces 55 years of age or older.

Improvements restriction. The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits necessary.

Parking requirements.

A site plan development plan of a senior citizen affordable housing development approved in accordance with these regulations shall remain valid for a period of two years following the approval of the site plan and special use permit by the Planning Board and all other necessary governmental approvals as shall be needed to start construction. If, at the end of that two-year period, no application for a building permit has been filed for the parent parcel, then the plan shall be considered as having lapsed and shall be of no effect. However, two one-year extensions may be granted by the Planning Board for the site plan if the developer shows reasonable grounds for delay in the start of construction.

A certificate of occupancy will be required for each dwelling unit, and said certificate shall be understood to only permit occupancy in conformance with this chapter, the approval of the Town Board and the site plan approval of the Planning Board, and any condition thereof.

It shall be the duty of the owner or his agent to file a certification with the Building Official indicating compliance with this article's requirement relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than February 1 of each year. Failure to file certification as required shall be deemed a violation of this article subject to penalties set forth in the Town of Thompson Code.

Each development will have at least two responsible parties, to wit, the owner, owner's agent or site manager, who will each provide the Code Enforcement Officer with his or her telephone number in the event of an emergency.

Any violation of the conditions of this section or site plan approval will constitute a zoning violation and will subject the development owner (landlord, in the case of rentals), homeowners' association or board of managers (in the case of condo or townhouse developments) to the remedies and fines set forth in Chapter 113, Article VI, of the Code or elsewhere in the Town of Thompson codes.

Reference to this section and any conditions of approval shall be included in a deed as a covenant running with the land in perpetuity, and shall also be included in any lease or bylaws of any association, condominium or cooperative housing corporation, or any filing with the New York State Attorney General, if required, unless directed otherwise by the Planning Board.

The Town Board has determined that there is a need for housing developments located and designed to meet the needs of everyday working families and citizens of the Town of Thompson, to be known as "workforce housing developments" and believes that workforce housing should be encouraged by the Town of Thompson. Such housing developments will tend to contribute to the dignity and independence of people at a greater range of income levels. Workforce housing developments, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the residents. It is also deemed essential that the Town of Thompson safeguard against the deterioration of a workforce housing development.

Encourage affordable housing opportunities for working families and citizens in order to give such residents the opportunity to remain in the community close to their work, family and friends.

Make quality affordable housing available with the scope and design of the development intended to establish a worthwhile asset for this segment of the community and the community as a whole.

Provide appropriate sites for the development of such housing in convenient locations.

Provide, within the boundary of the development, appropriate social, recreational and other facilities, which will contribute to the independence and meaningful activity of residents.

Regulate the nature and density of workforce housing developments, their site layout and design and their relationship to adjoining uses so as to provide ample outdoor living and open spaces for residents, to preserve trees, and to minimize detrimental effects on the site and surrounding neighborhood and environment.

Sites must be located in areas suitable for residential purposes and must be reasonably free of objectionable conditions such as industrial odors, noise, dust, air pollution, high traffic volumes, incompatible land uses, steep slopes, wetlands and other environmental or physical constraints.

The site should be located within reasonable proximity to public transportation service, or, in the alternative, provisions shall be included in the design of the site for future routing of buses, and provisions for a shuttle bus or other transportation service at the site (i.e., shelters or pickup areas should be included within the plans. Such plans for any and all bus shelters and pickup areas shall specifically provide for both maintenance and ownership of said shelters or pickup areas as directed by the Planning Board).

The site shall be located such that access to the site can be obtained from a public street, which meets current design standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

Sites must be selected with due regard to providing residents with reasonable access to such conveniences and facilities as public transportation, hospitals and medical services, shopping, religious, cultural and recreational facilities.

Municipal water and sewers must be provided at the site, as well as electric, cable and telephone.

Sites shall afford a safe and convenient system of drives, service access and adequate internal sidewalks and connections to off-site sidewalks conveniently accessible to all occupants.

Principal uses. The workforce housing development may allow as a principal permitted use:

Accessory uses.

Workforce household. For purposes of this section, a workforce household shall consist of one or more persons, whose combined total income is at or below the threshold set by the New York State HCR, or other successor agency as designated by the State of New York.

Guests. Temporary occupancy by guests of families who reside in a workforce housing unit shall be permitted for a maximum of seven consecutive nights, provided that such occupancy does not exceed 30 total days in any calendar year, total for all guests (combined), at a particular dwelling unit. Guests staying for more than three consecutive nights will advise the development superintendent or manager of their occupancy. The development superintendent or manager shall maintain a log of all guests, and such log shall be available for review by the Code Enforcement Officer of the Town; however, enforcement of this provision shall be by the landlord and not the Town of Thompson.

The following lot and bulk requirements shall apply to the parent parcel of workforce housing developments for a special use permit and site plan approval, although the Planning Board may increase or add additional requirements so as to make the same compatible with the general neighborhood and in accordance with good planning:

The development design shall be functional and shall provide for the safety, health and general welfare of occupants of this demographic group.

Access and internal roadways. All access and internal roadways shall be privately owned and maintained unless otherwise approved by the Town Board. All entrances and exits for ingress, egress, and interior circulation will be of a width and location suitable for the site and workforce housing.

Parking and circulation. Parking spaces shall be provided at the ratio of 2.0 spaces per unit (minimum). The fractional spaces will be rounded to the next highest number. The parking spaces will be conveniently located, evenly distributed, arranged, striped and identified by signage. Additional spaces shall be provided at any clubhouse and recreational facilities. The Planning Board may require additional parking for other accessory facilities, including guest parking. No commercial vehicles will be permitted. (Such restriction shall not apply to management company or condo association vehicles utilized for operation of the site.) For purposes of this section, garage and driveway parking spaces will count in the parking calculation.

Outdoor recreation. Usable outdoor recreation space will be provided in a type and quantity as required by the Planning Board. Such space shall consist of both active and passive recreation amenities, such as exercise and game areas, outdoor pool, patio areas, landscaped and shaded sitting areas, walking or jogging trails.

Sidewalks. Each development will provide suitable sidewalks, which may include handrails when appropriate and required by code. The Planning Board may waive this requirement when, in its discretion, such sidewalks are not appropriate or required.

Landscaping. Each development will provide suitable landscaping in accordance with the standards set by the Planning Board and as required elsewhere in this Code for site plans. Applicants are advised that bonding requirements for key public site improvements, including landscaping, as referenced in § 250-52.1 of the Town Code, are applicable.

Building location; standards.

Basement units. Units provided in workforce housing developments shall not be of a type or configuration which could be considered basement units, wherein any living quarters are substantially below grade (greater than 33% of lowest level); however, this restriction is not intended to prohibit basements, garages or storage areas as a part of the units otherwise provided with living quarters which are above grade.

Identification signs will be permitted in a location or locations as approved by the Planning Board. Sign dimensions and other requirements shall comply with § 250-30 of this chapter.

Building identification signs and number/letter identification shall be provided in accordance with the applicable sections of the Code, and as recommended by the Office of the Fire Inspector, to promote efficient and timely identification for residents, visitors and emergency personnel.

Artificial lighting. All areas within the development shall be provided with suitable artificial lighting, sufficient for the convenience and safety of residents. Lighting shall be designed so as not to extend onto adjoining properties or cause glare onto the same.

The location of buildings, the arrangement of dwelling units within the buildings and suitable materials and methods of construction shall be utilized to reduce the transmission of sound.

Adequate facilities shall be provided for the removal of snow, trash and garbage and for general maintenance of the development. Trash and garbage facilities shall be enclosed in a permanently enclosed structure. The structure shall be aesthetically appealing and landscaped. Spacing and distribution of the facilities shall be convenient.

Miscellaneous.

Buildings shall require the following facilities and services:

Dwelling unit requirements.

Once the Town Board has, in its sole discretion, accepted an application for a WFH Zoning District and has approved same for a particular property, the applicant shall apply to the Planning Board for site plan approval and special use permit in accordance with procedures set forth in the Town of Thompson Code for said approval. The Planning Board, in considering this site plan, shall apply the zoning requirements specifically enumerated under this section and in this chapter. If a period of more than one year elapses between the Town Board's approval of the WFH Zoning District and the submission of a site plan application, the WFH Zoning District designation shall lapse, and the property shall revert to its prior zoning classification. The applicant may, however, apply to the Town Board for two one-year extensions of this time period. Once the applicant receives a building permit on any portion of the subject property, the applicant is no longer in jeopardy of the designation lapsing.

In addition to all other customary fees, a fee as set from time to time by resolution of the Town Board shall accompany an application for the establishment of a WFH Zoning District. In addition, the applicant shall pay reasonable expenses incurred by the Town of Thompson in review of said application, including but not limited to services provided by the Town Engineer, Planner, Attorney and other professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers, and any specialized consultants deemed to be necessary.

Metes and bounds description of the proposed district.

A survey of the parcel prepared and certified by a licensed land surveyor.

A map drawn to scale showing existing conditions of the parcel, including:

A proposed preliminary plan, drawn approximately to scale, clearly showing the following:

A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.

Preliminary floor plans and building elevations.

A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.

A statement as to the percentage and the location of dwelling units which are planned to meet affordable housing standards as defined in this article.

A certificate of occupancy will be required for each dwelling unit, and said certificate shall be understood to only permit occupancy in conformance with this chapter, the approval of the Town Board and the site plan approval of the Planning Board, and any condition thereof.

A certification of compliance will be filed annually with the Town for each dwelling unit. The owner, homeowners' association, or an authorized agent will file (in the office of the Town officers and employees of the Building Department) a certification of compliance with the Code Enforcement Officer stating that the development, each dwelling unit, and the occupancy of each unit is in conformance with this chapter and the permit and approvals granted by the Town.

Each development will have at least two responsible parties, to wit, the owner, owner's agent or site manager, who will each provide the Code Enforcement Officer with his or her telephone number in the event of an emergency.

Any violation of the conditions of this section or site plan approval will constitute a zoning violation and will subject the development owner (landlord, in the case of rentals), homeowners' association or board of managers (in the case of condo or townhouse developments) to the remedies and fines set forth in Chapter 113 of the Code or elsewhere in the Town of Thompson codes.

Reference to this section and any conditions of approval shall be included in a deed as a covenant running with the land in perpetuity, and shall also be included in any lease or bylaws of any association, condominium or cooperative housing corporation, or any filing with the New York State Attorney General, if required, unless directed otherwise by the Planning Board.

Land may not be stripped for any purpose without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1. This provision shall not be applicable to sand, gravel, shale, topsoil or other aggregate mining operations that are active as of the date this Part 1 was adopted and are permitted by the New York State Department of Environmental Conservation.

Stripping of land shall be allowed only by authorization of the Planning Board and any other governmental agency having jurisdiction.

Applications for stripping of land shall be filed with the Planning Board for approval. Upon authorization by the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee as determined in § 250-58A of this Part 1, issue a permit for stripping of land.

The permit shall be valid for a period to be determined by the Planning Board in its approval and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for permits for stripping of land shall be in writing, signed by the applicant, and shall state:

Each application shall be accompanied by a site plan indicating the following information:

Any area that has been stripped or covered with fill shall be restored to a suitable grade so as to provide good drainage and no disturbance to adjacent properties. Final grade shall form a smooth transition to surrounding undisturbed land. Final slopes shall not be less than 0.5%; slopes greater than 25% shall be terraced, the vertical steps to be not greater than five feet and stabilized with noneroding material. Ponding areas shall be provided as required to remove silt from runoff before flowing from the property.

Any area that has been stripped or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such stripping or covering.

To ensure the compliance of the permittee with the standards of this section, a performance bond in a suitable amount may be required.

It is the purpose of this section to establish standards for signs to help preserve, and where necessary, improve the appearance of the Town; and to promote public safety by regulating the location, quality, construction and maintenance of signs.

It is further the intent of this section to regulate signs in the context of the built and natural environment in which they exist, recognizing that quality signage will reflect on this environment and offer a human perspective on it. Signs are an economical and effective way to communicate information and an asset to most businesses. Property values, therefore, are protected and enhanced when signs are designed with these principles in mind. It is for this reason that these sign regulations afford applicants flexibility and provide incentives for thoughtful design and quality construction.

Official traffic signs.

Government/regulatory signs.

Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window.

Holiday and seasonal decorations.

Personal expression signs of any sign type, provided they do not exceed three square feet in area per side, are noncommercial in nature, well maintained and not illuminated.

Address signs: one sign stating address, number and/or name of occupants of the premises and does not include any commercial advertising or other identification. Also known as a "nameplate". Signs not to exceed two square feet in area in residential districts nor four square feet in area in commercial or industrial districts.

Public signs that are erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.

Identification signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not exceed four square feet in area.

Private drive signs; one per driveway entrance, not to exceed two square feet in area.

Incidental signs, including window incidental signs.

Nonpermanent temporary signs in compliance with regulations at Subsection K.

Flags.

Security or warning signs. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.

Legal notices.

Vending machine signs.

Memorial signs, public monument or historical identification sign erected by the Town, including plaque signs up to three square feet in area.

Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this section.

Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.

Directional signs, provided they do not contain commercial messaging.

Art and murals, provided such signs do not contain any commercial messaging.

Suburban residential. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Suburban Residential (SR) districts, subject to the conditions specified:

Rural residential. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Rural Residential (RR) districts, subject to the conditions specified:

Commercial industrial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Commercial Industrial (CI) districts, subject to the conditions specified:

Highway commercial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Highway Commercial (HC) districts, subject to the conditions specified:

Extractive industrial. In addition to the exempt signs described in Subsection C of this section, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Town of Thompson Extractive Industrial (EI) district, subject to the conditions specified.

All signs shall comply with the standards provided herein and on the attached Schedule of Sign Regulations.[2] The Town Code Enforcement Officer or his or her designee shall administer these regulations. If a sign type is not listed in this section, it is prohibited.

An application for a permit to install or relocate a sign shall be made on a form obtained from the Code Enforcement Officer, together with such fees as required by the Town Board. Every application shall include elevation and plan drawings to scale with a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, materials of construction for each element of the sign, any method of illumination, the graphic design (including symbols, letters, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.

All applications shall be acted upon by the Code Enforcement Officer within a reasonable time from receipt. The Code Enforcement Officer may approve, deny or pass the application to the Planning Board. Certain signs, as indicated on the Schedule of Sign Regulations, shall be submitted to the Planning Board, and no permit for such sign shall be granted nor shall such sign be allowed except with the approval of the Planning Board. All applications submitted to the Planning Board shall be acted upon within a reasonable time from receipt. Permits are issued by the Building Department.

Signs subject to review shall be approved or disapproved based on the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. Approval shall require consistency with the design criteria listed in this section. The Board may also require modification in sign features to meet the criteria provided below. (A sign design guidance document will be available through the Town.)

In reviewing sign applications, it shall be determined that the sign will meet the following criteria:

The Planning Board or Building Department is authorized to clarify and expand upon these review criteria, provided it shall do so in writing and its actions are consistent with the intent of this section. Review of sign applications shall be conducted in the context of the design examples and other materials provided to visually explain these review criteria incorporated in the sign design guidance.

The following regulations shall pertain to all signs:

The following types of signs or artificial lighting are prohibited:

Other sign requirements.

A nonpermanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period. A permit for a limited-duration sign is issued for one year and may be renewed annually. Limited-duration signs that comply with the requirements of this section shall not be included in the determination of the type, number, or area of signs allowed on a parcel. The requirements shall apply to both commercial and noncommercial signs.

Size and number.

Illumination of any limited-duration sign is prohibited.

Installation and maintenance. No signs are allowed within the road right-of-way (ROW). All limited-duration signs must be installed such that they do not create a safety hazard. All such signs must be made of durable materials and shall be well maintained. Signs that are frayed, torn, broken or no longer legible will be deemed unmaintained and required to be removed.

Temporary signs, as defined in this section, located on private property, are exempt from standard permit requirements. Temporary signs that comply with this subsection shall not be included in the determination of the type, number, or area of signs allowed on a parcel. The requirements listed below shall apply to both commercial and noncommercial signs.

Size and number.

Duration and removal.

Permission. The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting their temporary sign.

Installation and maintenance.

Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators, such as those of time and temperature) shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals.

Commercial electronic variable message signs (CEVMS) have the ability to constantly convey different information to automobile drivers and others. Their brightness and temporal changes increase curiosity and potentially increase driver distraction; the brightness may create problems in visual dark adaptation for some drivers. These signs shall be regulated for public safety. Electronic message signs shall meet size and location criteria relevant for any other sign with the additional provisions as follows (Policy guidance Criteria for Regulating Off-Premises CEVMS in New York State, January 5, 2015);

No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Code Enforcement Officer. Also, any sign referencing a location, business operation, service or product which no longer exists or continues to offer service to the public shall be considered abandoned, and shall be removed within six months of such discontinuance, unless a waiver shall be granted by the Building Department.

In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the Town may institute appropriate civil or criminal actions to remedy the violation, abate the nuisance and assess the costs associated therewith to the violator by attachment to the real property tax bill for the parcel in question.

The provisions of this section shall be administered and enforced by the officers and employees of the Building Department as in the most current version of Chapter 250.

A permit application may be approved, approved with modifications or disapproved pursuant to any of the terms of Town Code § 250-30.

No campground shall be developed or operated without a permit as herein provided, and failure to obtain a permit shall constitute a violation of this Part 1.

Applications for campground permits shall be filed with the Planning Board for approval. Upon authorization of the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee, issue a campground permit.

The permit shall be valid for one year and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for campground permits shall be in writing, signed by the applicant, and shall state:

The annual fee for a campground shall be as provided in the local law establishing fees.[1]

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

Each campsite, including parking space, shall provide a minimum of 1,500 square feet of space per tent site and 2,500 square feet of space per camping trailer or recreational vehicle.

Consistent with these requirements, trees for the provision of shade should be disturbed as little as possible.

Fireplaces, if provided, shall be located in a safe and convenient location where they will not constitute a fire hazard to vegetation, undergrowth, trees and camping units.

An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot capable of providing a minimum of 500 gallons of water per day at a minimum pressure of 20 pounds per square inch, with soakage pit or other disposal facilities, shall be provided for each 10 campsites without water facilities. Where spigots and sewer hookups are provided at each site, a minimum volume of 150 gallons of water per site per day at a minimum pressure of 20 pounds per square inch shall be provided.

Toilets and urinals shall be provided at one or more locations in every campground and shall be convenient of access. Separate toilet facilities shall be provided for males and females and shall be clearly marked. Each toilet shall be in a separate compartment and a door shall be provided for privacy. Toilets and urinals shall be maintained in clean condition.

Each campground shall have a minimum of three toilets for male persons and a minimum of three toilets for female persons. If there are over 20 campsites in a campground, there shall be one additional toilet for male persons and one additional toilet for female persons for every 10 campsites. Each male toilet facility provided shall contain at least one urinal. Up to 1/2 of the male toilets may be urinals. In no case shall toilets be located more than 300 feet from any campsite or 500 feet from sites with water and sewer hookups.

Lavatories or other handwashing facilities shall be provided at a ratio of one for each 15 sites and a minimum of two for each sex. Utility sinks shall be provided. The sink should be near the door, if located within a building, where it can be utilized for the disposal of dishwater brought in buckets.

At least one shower shall be provided for each sex.

Each toilet facility provided shall contain at least one water fountain.

Access to all toilet, utility and recreation facilities shall be so constructed as to accommodate the physically handicapped in accordance with the New York State Uniform Fire Prevention and Building Code.

No outdoor sales operation shall be conducted, nor shall any site preparations for outdoor sales be made, without a permit as herein provided, and failure to obtain a permit shall constitute a violation of this Part 1.

Applications. Applications for outdoor sales permits shall be filed as follows:

Permits shall be valid for a period to be determined in each case, not to exceed one year, and shall be subject to such considerations and performance conditions deemed necessary for the particular case.

Any deviation from the application as originally approved shall require a new application, which shall be in conformance with these regulations.

Applications for outdoor sales permits shall be in writing, signed by the applicant, and shall state:

Each application shall be accompanied by a site plan indicating the following information:

Each outdoor sales operation shall have access to and from public roads and parking facilities adequate for the expected level of usage and shall provide adequate access for police, fire, ambulance or other emergency vehicles.

Each outdoor sales operation shall maintain a sufficient number of waste receptacles of appropriate type to accommodate wastes resulting from the operation.

The site to be used for outdoor sales shall be of suitable grade and well-drained. If the area to be used is unpaved, the applicant shall be responsible for protecting adjacent properties from soil material that may be eroded from the site and transported by wind or stormwaters.

The buildings may not be made suitable for winter use;

Adequate vehicular access must be provided to each dwelling unit and to all facilities;

Each building must meet the pertinent standards of the New York State Uniform Fire Prevention and Building Code; and

Each building shall be served by central water and sewer facilities approved by the appropriate state agency or agencies.

The development or individual lot must meet the standards of the SR District;

Each building shall comply in all respects with the pertinent requirements of the New York State Uniform Fire Prevention and Building Code; and

Each dwelling unit or other building shall be served by central water and sewer facilities approved by the appropriate state agency or agencies for year-round use.

Not be planned with parking in the required yard areas, but shall be in conformance with § 250-22.

Not have roofs with a pitch of less than one foot vertical to four feet horizontal;

Not contain units with a length greater than four times the width;

Use materials and finishes that are harmonious throughout the project; and

Be planned and landscaped so as to avoid an appearance of repetitive uniformity or monotony.

All bungalows, including any expansions to existing bungalows, shall be separated from adjoining bungalows by a distance of a minimum of 25 feet.

Refuse shall be stored in compactors sized appropriately for the number of dwelling units in the bungalow colonies. The compactor shall be enclosed on all four sides in an architecturally designed structure found acceptable to the Planning Board. All refuse enclosures shall be installed complete with a gate for access and removal. The gate shall be located such that it shall not front on the adjoining street.

All bungalows shall be constructed on a full foundation or slab designed for year-round occupancy. Additions to existing bungalows shall require a full foundation with all existing piers/columns or other type of structural supports being modified, redesigned and reconstructed below the frost line. All existing bungalow structures to be expanded shall be modified to include a masonry curtain wall around the existing building with a foundation constructed on a footing below the frost line or haunch slab in accordance with the New York State Building Code. The masonry skirting shall be architecturally designed and detailed to attach to the exterior building walls and/or sill plate for weatherproofing and vermin control.

No junkyard or salvage yard may be operated without a permit obtained as herein provided, and failure to have such a permit shall constitute a violation of this Part 1.

Junkyards and salvage yards shall be allowed only by authorization of the Planning Board in accordance with Article IX.

Applications for junkyards or salvage yards shall be filed with the Planning Board. Upon authorization by the Planning Board, the officers and employees of the Building Department shall, upon receipt of the proper fee as determined in § 250-58A of this Part 1, issue a permit for operating a junkyard or salvage yard.

The permit shall be valid for a period to be determined by the Planning Board in its approval and shall be subject to such conditions and performance conditions as the Planning Board deems necessary for the particular case.

Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.

Applications for permits for junkyards or salvage yards shall be in writing, signed by the applicant, and shall state:

Each application shall be accompanied by a site plan prepared in accordance with § 250-50.

Permits shall not be transferable or assignable.

In the application the applicant shall agree that, if granted the permit applied for, he will conduct the operation pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such permit may be revoked forthwith.

The annual fee for a junkyard or salvage yard permit shall be as provided by the local law establishing fees.[1]

There shall be no apportionment of the fee for a permit of less than 12 months' duration.

The permittee shall personally manage or be responsible for the management of the junkyard or salvage yard.

The permittee shall maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the hazards from fire, leakage, seepage or bodily injury therefrom, and to prevent trespass thereon by children and others.

The permittee must erect and maintain a solid opaque fence, at least six feet in height, of metal or wood, sufficient to screen any view of the operation from adjacent properties or public roads and to secure the property against the entrance of children or others into the area of the operation. All materials related to the operation shall be kept within such fence at all times. If abutting a public road, such fence shall be located at least 25 feet from the street line thereof.

Inside and adjacent to and contiguous with such fence, a strip of land at least 10 feet in width shall be kept free of all dry grass or other vegetation or combustible material so as to provide a fire lane around the entire operation.

The autos, parts and materials involved in the operation shall be disassembled or dismantled by means other than by burning. They shall be piled or arranged in neat rows so as to permit easy passage and clear visibility through the area.

The operation shall be supervised by the permittee or his employee during business hours. At all other times the premises shall be locked at a secure gate in the fence and in a secure manner.

There shall be maintained at each operation for which a permit is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place and shall be clearly marked and available for use.

Suitable sanitary facilities shall be available, connected to approved public sewers or on-site sewage treatment facilities, for the use and convenience of the employees of the permittee as well as the general public visiting the area.

The burning of any waste material is prohibited.

No material may be stored or kept in a junkyard or salvage yard that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.

These regulations shall apply to all junkyards or salvage yards in operation prior to the effective date of this Part 1.

The owner or operator of any such junkyard or salvage yard shall have 30 days to make an application for a junkyard or salvage yard under the provisions of this Part 1.

Within one year of such application, said existing junkyard or salvage yard shall conform to the requirements of this Part 1.

The Planning Board, in such cases, may vary the strict interpretation of these regulations in keeping with the procedures stated in Article IX of this Part 1.

Expansion of an existing junkyard or salvage yard after the effective date of this Part 1 shall be made only in accordance with these regulations.

There will be no deleterious effluent that would enter any lake, stream, wetland, natural watercourse, other water impoundment or aquifer; and

There will be no degradation of the atmosphere due to offensive odors.

All quarry, sand and gravel and processing operations shall operate with the minimum possible disturbance of the environment. To this end, a mining plan shall be submitted for approval to the Planning Board, in accordance with the procedures outlined in Article IX, which mining plan shall indicate:

The Planning Board shall not approve use of a site for extractive industry until the applicant has demonstrated that the use will not have an adverse, long-term effect on the environment or an adverse effect on the character of the neighborhood and that the use can be conducted on the site so as to control any potential adverse impacts.

The expansion of any existing quarry or sand and gravel operation into an area not actively mined at the time of enactment of this Part 1 shall be considered a new use and not a preexisting use and shall conform to all requirements of this Part 1.

All quarry or sand and gravel operations shall be treated as Type 1 actions under the State Environmental Quality Review Act.[1]

Each phase of a mining plan shall be submitted to the Planning Board for approval at least 90 days prior to the anticipated commencement of site preparations for mining. The Planning Board shall review each phase in light of the prior phases and the subsequent phases planned, taking into account any changes in the overall mining plan, and shall establish appropriate conditions for the operation in such phase, which may include a performance bond to cover reclamation of the site and evidence of insurance sufficient to cover adjacent properties against damage, nuisance or environmental degradation resulting from the operation.

The Planning Board may require an annual review of the operation to evaluate the effectiveness of any conditions of its approval and the applicant's compliance with these conditions.

No part of any quarry operation shall be within 200 feet of any district boundary or public road or within 100 feet of property within the district in separate ownership.

No processing equipment or stockpile area shall be within 400 feet of any residential district.

All parts of a quarry operation shall be screened from any adjacent use, including postmining uses, by evergreen plantings within the required setback area. Where adjacent parcels are vacant, seedling trees may be used to establish screening. Where adjacent parcels are developed within 200 feet of the property line, screen plantings shall be at least six feet high at the time of installation.

No excavation shall occur within 100 feet of any existing stream or watercourse or of any lake or pond that is not entirely within the parcel for which Planning Board approval is sought.

All powered equipment shall be furnished with suitable dust-elimination and noise-control devices, as required to meet the applicable standards in § 250-23 of this Part 1.

Runoff and pit drainage from all active areas of the operation shall be retained in a siltation basin and shall not be discharged into any stream or watercourse having less turbidity than such retained runoff.

Any process water discharge or sediment basin discharge shall conform to all applicable standards and procedures of any agency having jurisdiction over such discharge.

Any pit or active operation within or adjacent to a floodplain shall be protected against inundation by floodwaters.

Any existing stream or drainage course and any existing pond, lake, protected wetland or nonprotected wetland that is not entirely within the parcel for which Planning Board approval is sought and that lies within or adjacent to the site of a quarry or sand and gravel operation or any processing or stockpile area shall be protected against any activities that would degrade the water quality or damage associated habitats of fish and wildlife. Adequate setback areas for all activities, including appropriate vegetative cover, as determined by the Planning Board, shall be maintained. The applicant shall demonstrate that water quality standards, as determined by the Department of Environmental Conservation, will be maintained in any such water body and in downstream watercourses having a higher classification.

Any active pit or high wall shall be screened from view from public roads during all seasons of the year. Within visually sensitive areas, an analysis of visual exposure and proposed controls shall be conducted.

Any truck entrance onto a public street or highway shall have a minimum sight distance of 400 feet in each direction and shall be designed to cause no interference between truck movements and the normal traffic flow. Truck entrances shall not be located in proximity to residences or commercial establishments.

All pits and working areas shall be enclosed by fencing suitable to prevent access by any persons not engaged in the active operation.

All road entrances to the active area of the operation shall be secured with a locked gate to prevent entry by any unauthorized individuals during all hours that the operation is not in progress.

During the scheduled hours of operation, any unlocked entry gates shall be controlled by a security guard employed by the operator.

All quarry and sand and gravel operations shall restore disturbed areas of their sites in conformity with a reclamation plan to be approved by the Planning Board at the time of site plan approval.

The reclamation plan shall indicate the postmining use, site grading and drainage, screening and other plantings, accessways suitable for such use and any on-site utility systems that may be required.

Grading and drainage should maintain continuity with undisturbed areas of the property and with adjacent properties.

Where the area to be reclaimed contains or is adjacent to resources suitable for public recreational use, such as rivers, lakes or wetlands, the reclamation plan shall provide for public access to and use of the resources, if feasible, including parking and screening.

Prior to approving a reclamation plan for a proposed operation, an applicant shall submit a reclamation plan for any abandoned or unreclaimed pit or area on the site, such plan to contain all of the information required in Subsection E(1) through (4) of this section.

Prior to site plan approval, the applicant shall file with the Town Board a performance bond to ensure the proper completion of all reclamation shown on the approved reclamation plan. The amount and period of said bond shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

The postmining use shall conform to the use regulations and bulk regulations of the CI District or such other use as the Planning Board may approve.

The actual postmining use shall be subject to subdivision approval and site plan review by the Planning Board, in accordance with Article IX of this Part 1, at the time it is proposed for development.

An application for a postmining use shall be accompanied by a petition to rezone the site from E to CI or to another district appropriate to the specific postmining use proposed.

Business, industrial and commercial uses are encouraged to incorporate green infrastructure and low-impact development principles into their site plans to reduce stormwater flow and mitigate potential environmental impacts. Such measures include but are not limited to the following:

An additional 10% development coverage may be permitted to be added to the bulk standards for special permit uses in the East Broadway Gateway zoning district providing two or more green infrastructure features listed in the Grow the Gateways Corridor Design Guidelines. See § 250-60G, Standards for all uses located in the EBG District, requiring a special use permit of the Planning Board.

To make inspections of buildings or premises.

To issue summonses and appearance tickets.

To file criminal informations.

To commence actions in a court of competent jurisdiction for injunctive or such other relief as is appropriate.

The officers and employees of the Building Department;

The Enforcement Officer;

The Town Attorney or Deputy Town Attorney; or

The Town Board, by resolution.

Determination of the meaning of any portion of the text of this Part 1 or of any condition or requirement specified or made under the provision of this Part 1.

Determination of the exact location of any district boundary shown on the Zoning Map.

Determination of permitted use. When a use is not specifically permitted in this chapter as either a use permitted by right or by special permit, it shall be understood that the use may be allowed by special use permit of the Planning Board if upon an interpretation appeal it is determined by the Zoning Board of Appeals that the use is similar to other uses listed in the district and is consistent with the stated purpose of the district. It is further recognized that every conceivable use cannot be identified in this chapter, and anticipating that new uses will evolve over time, so therefore this section establishes the Zoning Board of Appeals' authority to review and decide, upon an interpretation appeal, to compare a proposed use and measure it against those listed in the applicable zoning district for determining similarity. In determining similarity, the Zoning Board of Appeals shall make all the following findings prior to approval:

The Board of Appeals shall not grant any appeal for a variance without first holding a public hearing, notice of which hearing and of the substance of the appeal shall be given by publication in the official newspaper of the Town at least 10 days before the date of such hearing. In addition to such published notice, the applicant shall cause notice to be given of the substance of every appeal for a variance together with notice of the hearing thereon by causing notices thereof to be mailed at least 10 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal) and all other owners within 300 feet, or such additional distance as the Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal. Notification shall he directed to the owners as their names appear on the last completed assessment roll of the Town. Such notices shall be by certified mail and the applicant shall furnish proof of compliance with the notification procedures. Any or all of the notices required by this section shall be issued by the Secretary of the Board of Appeals on order of the Board of Appeals.

In cases where due notice shall have been published as above provided and where there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance.