Setbacks. Adult-oriented businesses, therefore, shall not be located within 1,000 feet of any residence, residential facility, institution, health facility, church, synagogue, school, public or semipublic use, public park or recreation facility, any other establishment which sells alcoholic beverages or any other existing adult-oriented business. This setback is consistent with the open rural character of the Town within which numerous locations exist that can meet this standard.

Sale of alcoholic beverages. Sale of alcoholic beverages at an adult-oriented business shall not be permitted unless the business is being operated as a bona fide restaurant or eating and drinking establishment.

Advertising. No exterior display or interior display which is visible from outside the business shall be made to identify or portray the type of activity which occurs at an adult-oriented business, excepting for one approved ground sign not to exceed a surface area of 20 square feet for both sides combined. Such sign shall be subject to all other requirements of this chapter applicable to signs. It shall not incorporate any obscene material but shall be otherwise unlimited as to message.

Nonconforming uses. No nonconforming building or lot shall be used for an adult-oriented business. No other existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult-oriented business unless application to do so has been made pursuant to this section and Planning Board approval has been given.

Standards. Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented or other business or any other public place within the Town of Tusten:

Attire. All adult-oriented businesses shall otherwise comply with the Town of Tusten regulations governing female attire. These prohibitions are further based on the findings of the U.S. Supreme Court in the case of Banes v. Glen Theatre, 501 U.S. 560, 115 L.Ed 2d 504 (1991), and are intended to fulfill purposes identical to those upheld in that case.

Parking. In addition to the parking required by § 300-6.12 of this article, the following number of spaces shall be provided: one space for each nonresident employee and two spaces for the dwelling unit.

Rooms for rent. Not more than five rentable rooms are provided in a bed-and-breakfast inn; not more than three rentable rooms are provided for a bed-and-breakfast homestay establishment.

Use as residence. The owner or manager of the bed-and-breakfast establishment outlined above and specified in Article II of this chapter must reside on the premises.

Required standards.

Campsite, tent; commercial rentals. The commercial rental of tent campsites on private lands outside of approved campgrounds is permitted in accordance with the following requirements:

Noncommercial camping and sleeping accommodations on parcels. The following stipulations must be complied with in reference to noncommercial camping and sleeping accommodations outside of an approved campground:

Storage. Individual recreational vehicles (RV) designed to be towed or mounted on an automotive or truck vehicle or a motorized dwelling used for traveling and recreation may be stored on any lot subject to the following restrictions:

Purposes.

Use regulations and parcel size. No antennas shall be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to support or be used as an antenna unless in conformity with these regulations:

Standards.

Permitted uses. The following uses which have low flood damage potential and which do not obstruct flood flows may be permitted within special flood hazard areas to the extent that these uses do not constitute development or substantial improvement to a structure and are not otherwise prohibited by any other law.

Issuance of building permits within the Flood Protection Overlay District.

Building standards for variances within the Flood Protection Overlay District. All development uses within the special flood hazard area as identified in Federal Insurance Rate Maps (FIRMs) for the Town of Tusten, New York, except those uses permitted by right under this chapter, are allowed only in compliance with these regulations. Variances and allowed uses must meet the following standards:

Encroachments. In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

Local submission, filing, and public record. Application for a variance within a special flood hazard area shall, in addition to standards set forth in above, be accompanied by written certification of either a professional engineer or architect licensed to practice in the State of New York, and all necessary permits have been obtained from those federal, state, and local governmental agencies from which prior approval is required. Such application shall be kept on file with the Town Clerk and shall be available for public inspection. The Code Enforcement Officer (CEO) shall obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structure that contains a basement. CEO shall also obtain, verify, and record the actual elevation to mean sea level to which any new or substantially improved nonresidential structures in a special flood hazard area have been floodproofed. All such records shall be maintained for public inspection.

Subdivision proposal. For the purpose of maintenance of the provisions of this chapter, the Planning Board shall require that all subdivision proposals and other proposed new developments within a special flood hazard area include within such proposals base flood elevation data.

Watercourse alteration. To maintain in compliance with those regulations pertaining to areas of special flood hazard, the Planning Board shall notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Administrator, and shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

Forest management permit. Any person proposing to engage in commercial logging or forestry operations within the Town of Tusten shall first obtain a permit from the Town Code Enforcement Officer for each project. A Forest Management Permit is also required for the selective removal of more than 30% of the trees and/or vegetation or clear-cutting of any lot/parcel or portion of any lot/parcel in excess of 10,000 square feet within the Town of Tusten. Such permit shall be good for six months duration but may be extended by the Code Enforcement Officer for successive periods of six months each, provided the operation continues to comply with all requirements contained herein. The permit application shall be made on forms to be developed by the Code Enforcement Officer and shall be accompanied by a fee, which fee amount may be adjusted from time to time by resolution of the Town Board. The application shall require the following information: (1) names, addresses and phone numbers for the property owner and commercial logger; (2) the dates between which timber harvesting will take place; and (3) a location map depicting where the logging will take place, the site of any landing and the proposed access to the public highway system. Activities conducted under the permit shall comply, to the extent practicable, with the New York State Forestry Best Management Practices for Water Quality — BMP Field Guide.

Clear-cutting provisions. All clear-cutting is subject to the lot clearing limits as stated in the schedule of regulations of the Town of Tusten Zoning Law. A special use permit is required for clear-cutting which involves more than one acre of land disturbance not performed in connection with an approved building permit, special permit or site plan. This provision prohibits segmentation of environmental review by the applicant and requires consideration of all phases and cumulative impacts of clear cutting of a parcel/tract of land. Accordingly, the applicant shall disclose all current and future phases of clearing activities to allow the Planning Board to assess the cumulative impacts of the entire project before approval is granted and to include specific mitigation measures as may be necessary as a condition of the special use permit.

Logging roads. Logging roads constructed to provide access to County, State or Town roads shall be improved with crushed stone at the entrance for a minimum distance of 100 feet into the property being logged to reduce the tracking of mud and debris onto such roads except where the amount and duration of the activity is, in the judgment of the Code Enforcement Officer, so small as to not warrant such measures.

Periods of operation. During the period of operation, the operator shall comply with New York State Department of Environmental Conservation Forest Practice Board standard practice requirements and timber harvest guidelines and no operations shall take place without a permit from the Town in accordance with 6.6.1, or while such a permit is revoked.

Repairs to Town roads. The purpose of this permit system shall be to ensure repairs, where necessary, to any Town roads and compliance with good forest practice as defined by the New York DEC Forest Practice Board. All activities subject to a Forestry Management Permit shall also be subject to the requirements of the Town of Tusten Local Road Use and Preservation Law. The Code Enforcement Officer shall be authorized to immediately revoke the permits of any commercial logger who shall not comply with these requirements until such compliance is secured and failure to comply shall require the permanent cessation of all activity by said logger within the Town of Tusten. Commercial loggers who shall fail to comply with these requirements shall also be ineligible for any future logging permits within the Town and may be subject to enforcement action.

Home-based businesses/home occupations (HBHO). Proposed home occupations which comply with all provisions of this § 300-6.7A and other applicable standards of this chapter shall be permitted as accessory uses in all zoning districts.

This section is enacted for the purpose of establishing minimum health and safety standards for junkyards in the Town of Tusten as well as controlling their location so as to limit problems of incompatibility with other activities. This section are enacted pursuant to the authority granted Towns by § 136 of the General Municipal Law and § 136.1 of the Town Law.

This section shall apply to all junkyards now existing or hereafter proposed in the Town of Tusten. No junkyard shall be created except in conformance with the standards herein, and all junkyards shall be required to conform to said standards or be removed at the owner's expense.

Exemptions. The following land uses shall be exempt from these requirements, provided they are not maintained in the manner of a junkyard and do not include a junkyard operation:

License required. No person, partnership, association or corporation, being the owner or occupant of any land within the Town of Tusten, shall use or allow the use of such land for a junkyard unless a license has been obtained and maintained as herein provided, which license shall be applied for concurrently with application for site plan review and special use approval hereunder. The Code Enforcement Officer shall issue a license within 10 days after approval of the application by the Town Planning Board pursuant to criteria contained herein. Said license shall be effective from the date of issuance until surrendered by the licensee or revoked by the Code Enforcement Officer and shall be renewed annually based on an inspection by the Code Enforcement Officer as to continued compliance with the standards of this chapter. No license shall be issued until the Code Enforcement Officer has received:

Transfers of license. The license may be transferred to a new owner of a junkyard provided all of the requirements of this chapter are met and provided the Town is so notified.

Disapprovals. Any disapproval shall be in writing and include the reasons therefore. The Code Enforcement Officer shall not issue a license in any instance where the Planning Board has not approved the site plan and given special use approval.

Right to enter and inspect. The Code Enforcement Officer shall enforce all of the provisions of this chapter and shall have the right, at all reasonable times, to enter and inspect any junkyard. The Town Board shall specify the frequency of such inspections and set fees to cover costs involved.

Orders to correct. If the Code Enforcement Officer finds that a junkyard for which a license has been issued, is not being operated in accordance with the provisions of this chapter, he may serve, personally or by certified mail to the holder of the license, a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order.

Suspension of license. If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order within 10 days after the service of such order, the Code Enforcement Officer may suspend such license and the holder of the license shall thereupon terminate the operation of such junkyard.

Expiration of license. Any license which is not used for the purpose intended within two years of the date of issuance shall automatically expire.

Standards applicable to new junkyards. All new junkyards shall conform to the following standards:

Standards applicable to existing junkyards. All existing junkyards shall conform to the following standards:

Site plan for establishment or expansion; notification of nonconformity; fee schedule. Existing junkyards shall be identified and notified of any nonconformities with this chapter within 60 days of the effective date of this chapter. The Code Enforcement Officer shall be responsible for this procedure and shall, additionally, inform all owners of existing nonconforming junkyards of the action which must be taken to comply with this chapter, the time available to take those actions and the consequences of violations.

Other provisions. Notwithstanding the above provisions, any person maintaining an unlicensed vehicle on site, for other than purposes of a licensed automobile sales operation, shall keep such vehicle inside a building or in a rear yard fully screened with vegetative material or fencing from view from a public highway or an adjacent residential property.

Standards applicable to individual manufactured homes.

Manufactured home park special use and site plan review criteria. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of the Town of Tusten Manufactured Home Law[3] and the following standards and review criteria:

Off-street parking. In all districts in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or enlarged, any land is used, or a change in use of land or structure, off-street parking spaces open for vehicles of employees, residents and/or patrons in accord with the requirements of this section.

Off-street loading.

Access requirements. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

Lighting. Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public right-of-ways.

Public right-of-ways. Parking, loading and unloading of vehicles shall not be permitted on public right-of-ways.

Surfacing. All off-street parking areas and access roads, except those accessory to a one-family or two-family dwelling, shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel, concrete or bituminous concrete surface.

Yards and buffers.

(Reserved.)

Fire and explosion hazards. All activities involving any manufacturing, production, storage transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the applicant for review by the local fire company(s). Additional buffer areas or fencing may be required by the Planning Board for special uses if the nature of the proposed use as determined by the Planning Board so requires.

Electrical disturbance. No activities shall be permitted which result in electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Noise. The maximum sound-pressure level radiated by any use or facility at any lot line shall not exceed the values in the designated octave bands listed in Table 6.13.5-1, after applying the corrections shown in Table 6.13.5-2. The sound-pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., as designated by the Town Board. The Planning Board may, in case of special uses, require additional setbacks, buffers and fencing, or limit the hours of operation to mitigate any potential noise impacts of any proposed use.

Vibration. No vibration shall be permitted which is detectable without instruments at the property line.

Lighting and glare. The following standards apply to lighting and glare.

Smoke. No emission shall be permitted from any chimney or otherwise of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the parcel from which the odors are emitted.

Other forms of air pollution. No open or exterior burning of any raw material, component or other substance associated with any production process shall be permitted. No waste materials or by-products shall be burned or incinerated on any property except at a NYSDEC approved solid waste disposal facility. In any case, no emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

Surface water and groundwater protection.

Landscaping. To ensure acceptable buffers are located between adjacent residential and nonresidential uses; to mitigate impacts of stormwater runoff; and to help create a healthy, safe, and aesthetically pleasing environment in the Town, the Planning Board shall require a landscaping plan as part of site plan approval for any proposed special use. For larger or more complex projects, the Planning Board may require that the landscaping plan be developed by a licensed landscape architect. The landscaping plan shall include the overall design of the landscaping proposed; delineated areas including entries, parking areas, walkways, and areas adjacent to buildings; the type and size of vegetation to be utilized; the details of installation; and a maintenance program. A landscaping plan shall meet the following minimum design standards:

Stormwater management and soil erosion control.

Waste materials. No liquid, solid, toxic or hazardous waste shall be stored or disposed in any area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground.

Sewage disposal. Sewage disposal shall be provided by a system meeting the requirements of the New York State Department of Health to all uses, including residential uses, governed by this chapter. Discharge to such system shall be limited to normal, domestic and human bodily wastes unless the treatment system has been specifically designed to handle other wastes or the wastes are pretreated in accord with Department of Health or local sewer district requirements. No discharge of wastes, by-products or materials in any way associated with a production process, health care or veterinary facility medical wastes, funeral home wastes, or other commercial wastes shall be permitted to any subsurface, land application or other soil based sewage disposal system.

Water supply. All uses, including residential uses, governed by this chapter shall be provided with an adequate and safe water supply meeting all applicable Town, county, water district and state regulations.

A Portable On Demand Storage structure or PODS^® is located as a temporary structure on property within the Town for a period not to exceed 30 consecutive days.

No more than two Portable On Demand Storage structures may be located on a specific piece of property within the Town at one time; such structures shall be individually limited to the duration time period established herein.

Such temporary structure(s) may not be located on a specific property more than two times in any given thirty-calendar-day period. Such temporary structure shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway.

All locations must be paved off-street surfaces. The applicant must obtain preapproval of the location by the Town Code Enforcement Officer in the following situations:

Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.

When necessary to facilitate clean up and/or restoration activities resulting from a flood, fire or natural disaster to a building or structure one portable storage unit may be located on the property for a period not to exceed 180 days.

Any Portable On Demand Storage structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the Town immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the Town Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

All portable storage unit containers must include a placard not to exceed one square foot in area which is clearly visible from the right-of-way which includes the container identification number, date of its placement on the property, date that removal will be required, and a local telephone number.

Disposal required. All solid waste generated in conjunction with any use shall be disposed of in a New York State approved solid waste disposal facility.

Facility requirements. Solid waste facilities are considered special uses in all districts and, in addition to all other applicable requirements of this chapter, shall comply with the following requirements:

Applicability and standards of the Scenic Overlay (SO) District. The Scenic Overlay (SO) District applies to all areas along Route 97 that extend 250 feet on each side of the Route 97 right-of-way edge within the SR and RR Districts. The SO District shall require that no building exceed 28 in height,[1] front yards be increased by 50%, no greater than 60% of vegetation shall be removed (except in RB Districts) and all uses other than residential shall be processed as special uses.

Density in the Scenic River (SR) District. Residential density in the SR District shall not exceed a net density of one dwelling unit per five acres. See schedule of district regulations in Article IV.

Prohibition of types of nonresidential development. Junkyards and salvage operations, solid waste disposal sites, light manufacturing, commercial uses which involve more than 2,000 square feet of floor area or five employees and major airports shall not be permitted in the river corridor. This shall not be construed, however, to permit any use not otherwise provided for in the respective zoning districts on the schedule of district regulations.

Ridgelines. This section shall be applicable in all areas of the Scenic River (SR) and Recreational River (RR) Districts. Any proposal for a building or structure or use located within 100 feet of the ridgeline as designated in the River Management Plan (RMP) or which is proposed at a lower elevation and which would be visible from the Delaware River shall be considered a special use and the applicant shall submit for approval a plan detailing how the proposed use will be developed in accord with the intent of the RMP. In addition to the following standards, all other applicable requirements of this chapter shall apply:

Special setback requirements. No building, structure or any part of any septic system in the Scenic River (SR) and Recreational River (RR) Districts shall be located less than 100 feet from top of the riverbank of the Delaware River.

Other conditions for special uses. In addition to the standards contained in Article III of this chapter, the Planning Board shall, in approving special uses in the Scenic River and Recreational River Districts, take into consideration the effect of the proposed use on the UDSRR and shall attach any and all conditions of approval necessary to provide protection to the River Management Plan (RMP) from impacts of development. Said conditions may include, but shall not be limited to, increased setbacks; buffers, landscaping and fencing; special stormwater control facilities; limitations on the location, number and size of advertising signs; more restrictive lot coverage limitations; and more restrictive building height limitations.

Signs.[2] In addition to the sign regulations in Article XIII of this chapter, the following special standards in this section shall apply to the Scenic River (SR), Recreational River (RR) and Scenic Overlay Districts.

Lots fronting on the Delaware River. No lot bordering the Delaware River in any area of the Recreational River (RR) and Scenic River (SR) Districts shall be created with less than 300 feet of frontage along the river.[3]

Location of small hotels, motels, and bed-and-breakfast establishments. Where permitted, small hotels, motels, and bed-and-breakfast establishments within the corridor shall be located adjacent to arterial roads and designed to be compatible with the natural and scenic characteristics of the river corridor. Furthermore, if such establishments are proposed and/or existing within 250 feet of the Route 97 right-of-way, the standards of the SO District will apply as specified in § 300-6.17A.

As the State Department of Environmental Conservation has recognized solar energy is abundant, nonpolluting and does not emit greenhouse gases, and that, even in the Northeastern United States where sunlight is variable, solar energy can make a significant contribution to meeting the demand for electricity and hot water.

In recognition of the foregoing, this § 300-6.18 is adopted to advance and protect the public health, safety and welfare of the Town of Tusten, including:

General provisions.

Requirements for types of solar energy systems. In addition to requirements of this section, and other applicable requirements of this chapter, the following shall apply:

Abandonment, cessation of operations and decommissioning.

Clear-cutting of timber or land clearing for development, construction or other purposes in excess of one acre in size or in excess of 50% of the area of a lot, whichever of the two is the smaller. This standard shall apply to cumulative clear-cutting within a three-year period of a single lot or a combination of adjacent lots.

All uses proposed on steep slopes. Steep slopes shall be defined as slopes in excess of 15%. Slope shall be determined by the Code Enforcement Officer (CEO) from United States Geological Survey (USGS) topographic maps or USDA Soil Conservation Service maps. In cases where the slope cannot be specifically determined by said means, the Code Enforcement Officer (CEO) shall require the applicant to provide certification from a professional engineer or land surveyor of the slope in question. Slope shall be measured at the points where any earth will be disturbed or where structures or other improvements are proposed.

Submission requirements. Prior to review by the Planning Board, the Code Enforcement Officer shall determine that the following materials have been submitted, as applicable:

Performance standards.

In addition to the above performance standards, the Planning Board shall determine if the slope disturbance can be effectively mitigated; what the potential impacts on nearby properties are; and whether a reduction in the allowable lot coverage for a specific lot or lots as determined by the Planning Board would alleviate the impact to the sloped area. A determination by the Planning Board that a reduction in lot coverage is necessary to alleviate the impact to the sloped area or nearby properties would need to be agreed upon by the applicant to avoid the requirement to apply for an area variance in accordance with Article XI of this chapter.