Such building or garage shall not exceed 1,200 square feet in floor area nor be more than 48 feet in greatest median dimension, longitudinally or transversely.

Such building or garage shall be set back five feet from any lot line and, if separated, shall not be located less than 10 feet from the principal building. However, in those cases where the edge of a lake forms a yard lot line, accessory buildings located in such yards need not conform to the required five-foot setback.

All such buildings or garages, in the aggregate, shall not occupy more than 30% of the area of the required rear or side yard.

Required setbacks for sheds, pools and hot tubs accessory to a townhouse shall be a minimum of 10 feet from a residence, five feet from a property line, zero feet from a preexisting fence with a minimum height of four feet.

The maximum size of a shed accessory to a townhouse shall be 80 square feet.

Aboveground pools and hot tubs accessory to a townhouse shall have a maximum diameter of 18 feet and a maximum height of 52 inches.

Aboveground pools and hot tubs between 24 and 52 inches in height shall meet New York State Building Code barrier requirements.

Height exceptions. The height limitation of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.

Ornamental features. The provisions of this chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without a window) extending above such height limit not more than five feet.

Terraces. A terrace shall not be considered in the determination of yard sizes or lot coverages; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet to any lot line.

Porches. Any open or enclosed porch shall be considered a part of the building in the determination of the size of yard or lot coverage.

Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.

Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than three feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 of the length of said wall.

Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be permitted to encroach on a required front yard. In computing the median setback in § 164-41C(4)(h) of this section, the presence of such entries and porticos shall be ignored.

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

Abutting a lake. No side or rear yard is required where such abuts a lake. (However, the required minimum lot area shall not be decreased.) In the event that a yard abutting a lake is provided, it shall be at least five feet.

Building or structure alterations and additions. Except as provided herein, alterations and additions to existing buildings for small-scale solar energy systems must conform to lot coverage, height and setback requirements as described in the Table of Bulk Requirements.[1] Small-scale solar energy systems are permitted outright as an accessory use. This means the solar collectors are incidental to and support the principal use of the lot, such as a home or home business.

Nonconforming residential uses. A solar collector may be added to the existing principal building on a nonconforming residential lot without requiring the entire building to be brought up to current zoning standards.

Lot coverage requirements. Solar collectors do not count as lot coverage if minimum standards are met, including but not limited to height and setback requirements.

Height requirements. Solar collectors may be roof-mounted on principal or accessory structures and extend up to four feet above the zoning district's height limit, or extend up to four feet above the ridge of a pitched roof.

Setbacks. Special setbacks apply for ground-mounted solar energy systems. Rear and side setbacks shall be 25 feet. Ground-mounted solar energy systems shall be prohibited in front yards.

Protecting solar access of property to the north. Solar collectors exceeding the zoning district height limit must be placed so that they do not shade the property to the north on January 21 at noon any more than a structure built to the maximum permitted for that zone. For assistance in determining solar exposure, a sun chart brochure is available from the Town Building Department.

Medium-scale solar energy systems in residence districts are permitted subject to site plan approval and § 164-41E(1) herein.

Fencing six feet in height shall be placed around the utility meter on all medium-scale solar energy system installations. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.

Large-scale solar energy systems may be approved, subject to § 164-42G of the Zoning Law.

Slopes: slopes of 15% or greater on 25% or more of the property.

Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply watershed areas, flood-prone areas as shown on Federal Emergency Management Agency maps, New York State protected streams, or a Town-designated protection area.

Agricultural lands: active farmland within a New York State certified agricultural district, lands within 2,000 feet of a New York State certified agricultural district, or soils classified in Groups 1 to 4 of the New York State Soil Classification System.

Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.

Critical environmental areas: Lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law.

Designated open space areas: lands contiguous to publicly owned or designated open space areas, privately owned designated natural areas, or areas identified on the Town of Warwick Open Space Index.

Historic structures and sites: historic structures or areas of national, state or local importance.

Scenic viewsheds and special features: sites bordering designated state, county or Town scenic roads, or special features identified in the Town's Comprehensive Plan.[5]

Significant natural areas and features: areas identified within the Town of Warwick Biodiversity Conservation Overlay (BC-O) District, areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program) or the Town Conservation Board, mature forests over 100 years old, locally important vegetation (such as trees over 24 inches in diameter at breast height), or unique natural or geological formations.

Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance.

Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.

Applicant request: on lands where the applicant has requested approval of a cluster subdivision.

Yield plans shall be prepared as a conceptual sketch plan in accordance with the minimum lot sizes and other development standards for the zoning district involved.

Yield plans shall show proposed lots, streets, rights-of-way, and other pertinent features.

Yield plan density shall be based upon an analysis conducted in accordance with the Town's environmental control formula contained in § 164-41.3 (see Table ECF).

Nothing herein shall preclude an applicant from submitting a fully engineered yield subdivision plan that meets all of the requirements of the Zoning Law, Subdivision Regulations,[7] and Street Specifications[8] to determine lot yield.

Density bonus. Density bonuses are available for cluster subdivisions. The Town Board has determined that it is appropriate to make adjustments to permissible density for the specific purpose of encouraging development that is consistent with the Town Comprehensive Plan,[9] smart growth principles and that provide community benefits. To achieve this intent, the density of the proposed cluster subdivision, as determined by the yield plan, may be increased in accordance with two, three or four of the following six options. See § 164-41.1D(2)(e)[7] below for an example of how the density bonus works:

The information required by § 137-26A of the Subdivision Regulations;

One-hundred-year floodplain limits, and approximate location of state and/or federal wetlands, if any;

Topographical and physical features, including existing structures, wooded areas, hedgerows and other significant vegetation, steep slopes (over 15%), soil types, ponds, streams within 200 feet of the tract, and existing rights-of-way and easements;

Schematic layout indicating a general concept for land conservation and development (bubble format is acceptable for this delineation of conservation areas);

In the case of land development plans, proposed general layout, including building locations, parking lots, and open spaces;

Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For all sites, such maps shall be at a scale not less than one inch equals 1,000 feet, and shall show the relationship of the subject property to natural and man-made features existing within 2,000 feet of the site. The features that shall be shown on site context maps include topography and streams (from USGS maps), state and/or federal wetlands, woodlands over 1/2 acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.

Preliminary plan. The submission requirements for a preliminary plan include the requirements for sketch plans listed in § 164-41.1E(1) above; and

The submission requirements of § 137-27 or 137-28 of the Subdivision Regulations; and

Existing resources and site analysis plan.

Step 1: delineation of open space lands. Proposed open space lands shall be designated using the existing resources and site analysis plan as a base map and complying with § 164-41.1E(2)(c) and Chapter 137 of the Town Code, dealing with resource conservation and greenway delineation standards. The Town's Comprehensive Plan and Open Space Index shall also be considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25% as shown by example on Figure 1a. Secondary conservation areas shall be delineated comprising the resources listed in § 164-41.1E(2)(c) and as shown by example on Figure 1b. The applicant shall prioritize natural and cultural resources on the tract in terms of their suitability, highest to least, for inclusion in the proposed open space, in consultation with the Planning Board after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, potential development areas. If the secondary conservation areas include active agricultural lands or contain soils classified within Soil Groups 1 through 4 of the New York State Land Classification System, the siting guidelines found in § 164-47.3D shall be followed in the design process.

Step 2: location of house sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

Step 3: alignment of streets and trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate when they support greater open space conservation or provide extensive pedestrian linkages.

Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.

Note on the four-step site design process for hamlets and adjoining villages. The design process for developing cluster subdivisions in or adjacent to hamlets and villages shall be a variation on the four-step process for conservation subdivisions, as described herein. In hamlets and near villages, where traditional streetscape and terminal vistas are of greater importance, Steps 2 and 3 may be reversed, so that streets and squares are located during the second step, and house sites are located immediately thereafter. The first step is to identify open space lands, including both primary and secondary conservation areas.

Front yard: 20 feet.

Rear yard: 40 feet.

Side yard: 30 feet separation for principal buildings, with no side yard less than 10 feet.

From all external road ultimate rights-of-way: 100 feet.

From all other tract boundaries: 50 feet.

From agricultural lands, as defined herein at Subsection G(4), either bordering or within the tract: 200 feet.

From buildings or barnyards housing livestock: 300 feet.

From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.

All surficial soils classified as prime farmland soils (Class 1 and 2) or soils of statewide significance (Class 3 and 4) or black dirt soils should be avoided by subdivision development to the greatest extent practical. Other existing features, whose preservation would benefit the Town and the subdivision, should be avoided through sensitive design of the cluster subdivision. Such features include but are not limited to:

Residential structures in the AP-O District should be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):

The conservation organization is acceptable to Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or Town of Warwick becomes unwilling or unable to continue carrying out its functions;

A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Warwick to insure perpetual maintenance of the open space.

Conservation of open land in its natural state (for example, woodland or meadow). The clearing of woodland shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated animal feeding operations (CAFO's) as defined by the United States Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors.

Game preserve, wildlife sanctuary, or other similar conservation use.

Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.

Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills.

Golf courses may comprise the required open space land, but shall not include miniature golf. Their parking areas and any associated structures shall not be included within the open space requirement; their parking and accessways may be paved and lighted. As part of the SEQR environmental review process of a golf course, the Planning Board, if acting as lead agency, shall consider the development and use of a comprehensive guidance document for the management of natural resources and environmental impacts associated with the golf course to minimize or avoid the effects of regrading, removal of vegetation, loss of natural habitats and loss of animal species on the site. The natural resource management goals of such a guidance document would be to plan for:

Wildlife conservation and habitat enhancement;

Waste reduction and management;

Energy efficiency;

Water conservation;

Water quality management and monitoring; and

Integrated pest management including an organic (i.e., no- or low-pesticide use) approach to golf course management.

Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area.

Easements for drainage; access, sewer or water lines, or other public purposes.

Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.

There is no substantial cost of acquisition to the Town; and

The Town agrees to and has access to maintain such facilities; and

Such facilities for public use shall be accessible to residents of the Town.

The applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

Membership in the association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. Building permits for the remainder of the lots or units in the subdivision shall not be issued until the owner or applicant provides evidence to the Town Code Enforcement Officer of their transfer of control in the association to the individual lot/unit owners.

The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.

Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than 30 days prior to such event.

The association shall have adequate resources to administer, maintain, and operate such common facilities.

The common open space land shall be protected by conservation easement from future subdivision and development.

The Planning Board remains responsible for assuring that proper provision has been made for ownership and maintenance of the open space land.

Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units they each own.

Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood.

The applicant shall make a conditional offer of dedication to the Town, binding upon the homeowners' association, for all open space conveyed to the homeowners' association. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the following:

The Town Attorney shall find that the HOA documents presented satisfy the conditions in Subsection K(2)(a) through (l) above and such other reasonable conditions as the Planning Board shall deem necessary.

Warehousing of supplies and equipment.

Manufacturing, assembling, altering, finishing, converting, fabricating, cleaning or any other processing; packing, packaging or repackaging of products or materials.

Sale or storage of lumber and building materials and equipment.

Maintenance, repair, and storage of machinery, equipment and fuel.

Business and professional offices.

Indoor recreation establishments and/or sports.

Traffic generation of the proposed use is within the capacity of the existing roadway system.

The proposed use will not involve hazardous activities or toxic materials.

The proposed use is appropriate to the structure and will aid in its maintenance and preservation.

Applicable districts. This provision shall only apply to lands in the Designed Shopping Center and Office and Industrial Park Zoning Districts with frontage on New York State Route 94 and County Route 13 (Kings Highway) and to lands in the Community Business Zoning District with frontage on New York State Route 94.

Area and bulk requirements. The minimum bulk and area requirements shall be as follows:

Marginal access road development. New York State Route 94 and County Route 13 (Kings Highway) are major highways servicing the Town of Warwick and surrounding communities; they carry high volumes of traffic at relatively high rates of speed over mainly two lanes of road width. In preserving the health, safety and welfare of the Town, it is necessary to limit the location and number of access points on these routes. To this end, all nonresidential development proposals shall meet the following minimum requirements:

Other applicable standards. Uses as proposed within the areas described by this section shall conform to the requirements set forth herein and elsewhere in this chapter. In all cases, the most restrictive requirements shall apply.

In order to carry out the purpose of this section, a development shall achieve the following objectives:

The tract of land for a project may be owned, leased or controlled either by a single person or corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.

When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas, in accordance with applicable provisions of § 164-41.1.

Architectural review. Prior to final site plan approval, the applicant shall submit plans illustrative of the overall architectural theme of the development. These plans shall contain all elevations for each typical building proposed for the site, exterior hardware and accessories. A compatible architectural theme shall be created and carried out throughout the development. These plans shall be reviewed by the Architectural Review Board prior to the Planning Board's final approval.

In the event that the organization established to own and maintain common property or any successor organization fails to maintain such property in reasonable order, the Town Board may cause such property to be maintained in accordance with the following procedure: The Town of Warwick may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such a hearing, the Town may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 30 days or any extension thereof, the Town, in order to preserve the taxable values of the properties within the development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing, upon notice to such organization or to the residents and owners of the development, to be held by the Town, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town shall determine such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Town shall determine such organization is not ready and able to maintain said common property in a reasonable condition, the Town may, in its discretion, continue to maintain said common property during the next succeeding year thereafter. The cost of such maintenance by the Town shall be assessed at the same proportion as each unit's assessed value bears to the total assessment of the development.

For the purpose of regulating the development use of property after initial construction and occupancy, any changes shall be subject to site plan approval by the Planning Board. Properties lying in the area served by marginal access roads are unique and shall be so considered by the Planning Board when evaluating those requests, and maintenance of the intent and function of the planned unit shall be of primary importance.

Approval procedures. The Planning Board may approve developments utilizing marginal access roads subject to the procedures and requirements set forth herein.[2]

Type of sign and size.

Graphic design, including pictorial matter, letters, materials and colors.

The visual message, text, copy or content of the sign.

The method of illumination, if any, including type of lamp and wattage, the position of lighting or other extraneous devices.

Landscaping, if any, including types of vegetation, location of plantings, and planting and maintenance schedule.

If a freestanding sign, a full description of the placement of the proposed sign, specifically its location on the premises, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls, and fences.

If an awning, window, wall, or projecting sign, a full description of the placement of the proposed sign, which shall cover location on the awning, window, wall or building; the size of the awning, total window area of the principal facade, or the building; projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.

For all signs, written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

One such sign may be located on each existing town, county or state highway or street on which the subdivision fronts. Said sign(s) shall be permitted only during the period of active sales and in no case longer than one year from the date of final approval. Upon written application from the subdivider, the Building Inspector may extend this period for one additional year, subject to additional one-year extensions, whenever it deems that the circumstances warrant such extension. The applicant shall post a reasonable bond, as determined by the Town Engineer, as a condition for removal. Applicants that wish to obtain approval for permanent installation of such real estate signs shall file an application for and shall obtain special use permit approval from the Planning Board prior to the end of active sales.

Each such sign shall not exceed eight feet in height, measured from the ground level to the top of the sign, and shall not be located nearer than 15 feet to any street or lot line or any building, unless attached directly to said building. The total area of each sign shall not exceed 16 square feet.

Signs advertising the sale of agricultural produce available seasonally and seasonal rural outdoor recreational facilities (e.g., skiing, equestrian and aquatic activities) shall obtain a temporary sign permit, but shall meet the standards for permanent signs. Such permit shall specify the months of the year said signboard may be displayed; however, the standards or frame on which said sign is hung may be permanently installed. Such signs may be located on a maximum of two off-site locations fronting on county or state roads, if the farm or the recreational facility itself is located not on a county or state road, but on a Town road.

Permits for each temporary or seasonal sign may be renewed annually by the Building Inspector if it is found that said sign is in satisfactory condition and otherwise conforms to all zoning requirements.

Wall signs (with or without borders) may be as large as one square foot per two linear feet of an establishment's front building wall length or a maximum of 20 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve.

One landscaped monument sign shall be permitted in lieu of a wall sign on each road frontage with a principal facade. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 24 square feet in area consisting of a maximum of 12 square feet in area per face with a maximum height of eight feet from the ground (including the base) to the top of the sign.

Projecting signs as large as 20 square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.

The sign area shall be 18 inches high by 24 inches wide and shall consist of one face.

The sign materials shall be metal, as approved by the Town of Warwick Highway Department.

The sign shall be located within the highway right-of-way, and a valid sign permit shall be obtained from state or county agencies prior to issuance of the Town of Warwick sign permit.

The sign shall be six feet from the ground surface to the top of the sign.

Sign lettering shall consist of sans-serif lettering no more than four inches high on one to two lines and shall include a directional arrow.

The sign colors shall consist of yellow lettering and yellow outline on a brown background as shown on the illustration.[2]

Not more than one sign shall be permitted per establishment.

Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 25 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eave.

Projecting signs as large as twenty square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.

Window signs as large as 20% of the total window area of the principal facade, with a maximum of four square feet; lettering up to eight inches high.

Awning signs projecting at least five feet into the sidewalk but no more than seven feet. Lettering up to six inches in height and on the valance only. The extent of lettering may cover a maximum of eight feet in width or 50% of the valance width, whichever is less.

In the LB District only, one additional freestanding sign shall be located no closer than 15 feet to the edge of pavement, shall not exceed eight feet in height, and shall be no larger than 12 square feet in area.

Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.

Signs shall be wall or monument signs. Signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.

One sign at each point of access to the lot, and internal directional signs shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least 15 feet from the edge of pavement.

One landscaped monument sign identifying the office and industrial park shall be permitted. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.

Same as Office and Industrial Park District above.

Same as residential districts above, as they apply to the residential, agricultural and recreational uses.

Not more than one sign shall be permitted per establishment. Such sign shall be located on the establishment's principal facade.

Such sign shall be a wall or a projecting sign. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 40 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve. In the event an establishment exceeds the minimum front yard setback for the District, of 150 feet from Route 94 or Kings Highway, the wall sign may be increased in size using a ratio of 3.7 as applied to the front setback or a maximum of 130 square feet, whichever is less. For example, if an existing building had, or a new building was proposed, with a front yard setback from Route 94 or Kings Highway of 250 feet, the maximum wall sign permitted would be 250/3.7 = 68 square feet.

A master sign plan is required of establishments that share a lot, parcel or are part of a shopping center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).

One common freestanding sign, monument, post and arm, or pole style, identifying the shopping center, shall be permitted as follows:

One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.

Club or fraternal lodge. No sign shall be displayed advertising any such activity.

Mobile home courts. One nonilluminated sign, containing an area of not more than 16 square feet and located not more than eight 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 all other property lines.

Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.

Signs shall be wall or projecting signs. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.

A master sign plan is required of establishments that share a lot or parcel or are part of a center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).

One common monument or post-and-arm sign identifying the center shall be permitted as follows:

One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.

Signs should be a subordinate part of the streetscape;

Signs in a particular area or district should create a unifying element and exhibit visual continuity;

Whenever feasible, multiple signs should be combined into one to avoid clutter;

Signs should be as close to the ground as practical, consistent with legibility considerations;

A sign's design should be compatible with the architectural character of the building on which it is placed and not cover any architectural features on the building;

Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and reasonable property maintenance standards;

Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble public notices or warnings such as official traffic signs, signals or devices;

Shall not project over property lines or be located within a public right-of-way;

Shall not contain luminous material or sequin-studded lettering with fluorescent paint. An exception is allowed for one internally illuminated window sign per business if its size does not exceed two square feet;

Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall indicate only the name and/or address of the enterprise or premises.

Freestanding signs. No more than one freestanding pole sign may be located on a lot.

Monument sign. Monument signs shall not be placed so as to impair visibility for motorists.

Projecting signs. Projecting signs may not extend above the height of the roofline, and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.

Wall signs. The visible edge or border of a wall sign may extend up to nine inches from the face of the wall, fascia, or eve to which it is attached, and may not extend any distance beyond or above the building in any direction.

Window signs. Permanent window signs must be painted on or attached directly and permanently to the window.

All signs, with the exception of window signs, shall be constructed of wood, metal or other durable material as approved by the Building Inspector.

The lettering on any sign may not exceed 60% of the sign area of any one side of the sign, with the exception of signs with no background. The area for lettering shall be computed in accordance with the illustration provided.

A primary sign should contain no more than six words to maximize detection and recognition.

The color contrast on all signs should consist of light lettering on a dark background. Each sign should contain a maximum of three colors; black and white are not considered colors. Applicants are advised to use a professional sign designer to determine the best relationship between color and conspicuity, which varies depending upon the sign, the sign's background, and whether it will be externally downlighted. Florescent colors are prohibited. Artwork is exempted from the color restriction.

The Building Inspector may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. Required landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials. The Building Inspector need not approve a sign application if landscaping is deemed insufficient.

Signs may only be externally illuminated as per the provisions of § 164-43.4 of this chapter. Downlighting is preferred; however, uplighting may be permitted by the Planning Board and/or Building Department if fully shielded to prevent off-site light trespass in compliance with § 164-43.4. Internally illuminated signs that were in existence on January 1, 2015, may continue for a period of 10 years from said date. Furthermore, the internally illuminated sign:

Existing signs meeting all design criteria at the time of adoption of the 2002 Zoning Law, with the exception of color, shall not be required to comply with the color requirements of § 164-43.1I(3)(d) above.

Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations.

Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

Definitions. As used in this chapter, the following definitions shall govern the interpretation of the parking regulations. The uses enumerated and similar uses not specifically defined may be located as stand-alone facilities (in separate buildings), combined in buildings generally housing a number of similar uses or located in mixed-use facilities where a wide range of nonrelated uses may be combined in a single building, or development complex.

Use categories. For the purpose of calculating parking and loading requirements, uses are defined as follows:

Use of native species is highly encouraged since such species are tolerant of Southeastern New York's climate, are generally disease resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large leafed and/or fruiting trees should be avoided.

To reduce the visual impact of the parking lot, provide a ten-foot wide landscape strip around the perimeter of the lot, to be planted with shade trees and low shrubs. Provide a minimum of one shade tree every 35 feet of lot perimeter but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot.

Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks where the interstices of the blocks are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand.

Divide the rows of parking with planting strips and trees, averaging a tree every six to 10 spaces. Planting strips should be a minimum of eight feet in width.

Provide diamond-shaped tree islands six feet wide for every four to six parking stalls.

Reduce visual impacts by breaking up large parking lots into smaller parking groves and parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. Avoid more than 15 parking spaces in a continuous row and more than 60 spaces in any single parking area defined by landscaping.

Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.

Provide planting islands between every 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree.

Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.

Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed.

At least 25% of the shade trees should be evergreen type.

The use of nonplant materials as part of the landscape plan is encouraged, especially where such materials exist on the subject site. These materials may include the following: large landscape quality boulders, water features, wood or concrete soil retaining devices, gravels, concrete garden amenities, and approved mulch materials.

Lighting should complement the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light. See § 164-43.4 for lighting standards.

In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These facilities should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply:

All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found in § 164-46G(3)(n)[3].

Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

Parking spaces shall have wheel stops or curbs to prevent injury to trees and shrubs planted in landscaped islands.

Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/car pool parking, and other facilities for transportation alternatives to single occupancy vehicle use shall be provided wherever practical.

All above-ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness.

Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a substantial wall, fence, or berm, or a thick evergreen hedge, with a height of not less than six feet at the time of planting and pruned to a height of not less than 61/2 feet. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet.

Whenever a parking lot is located across the street from land in any residence district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

Identification and directional signs located on the street side of such screening as provided in § 164-43.2A(10)(a) and (b) herein shall not exceed an area of two square feet each and shall be limited to such number as are essential for the particular use.

The outdoor storage, parking or use of camper or travel trailers; motor boats; storage containers, including but not limited to metal shipping and/or truck-body containers, regardless of size; and commercial vehicles are hereby prohibited in all districts, except that:

Not more than one motor boat may be stored in the open on a lot (or on an adjacent lot, if both lots are under common ownership) in a residence district and such storage shall conform to side and rear yard requirements governing accessory uses.

Any building, structure, or site listed on the National and/or State Register of Historic Places (Class 1);

Any building, structure, or site that is eligible for the National and/or State Register of Historic Places as determined by the State Historic Preservation Officer and/or through inclusion in the Statewide Historic Resources Survey (Class 2);

Any building, structure, or site that has been surveyed as an historic resource by the New York State Office of Parks Recreation and Historic Preservation, including those listed in Appendix B of the Town of Warwick Comprehensive Plan, adopted August 19, 1999 and as amended from time to time (Class 2);

Any building, structure, or site that is designated an historic building, structure or site by the Town Board upon recommendation of the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian (Class 2).

Additional buildings, structures or sites shall be eligible for designation as an historic resource upon application to the Town Board and upon recommendation of the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian (Class 2).

Any proposed revision to the Historic Resource Inventory shall first be referred to, or proposed by, the Architectural Review Board, which shall submit a written recommendation to the Town Board. Routine inventory maintenance or updating of information regarding individual resources included in the inventory shall not be considered revisions for the purposes of this section.

A resource shall be designated Class 1 (and to the inventory if not already included) if it is found to meet the criteria for Class 1 (i.e., national and/or state register listing or eligibility).

A resource shall be recommended for removal from Class 1 if it no longer meets the criteria for Class 1 (i.e., national and/or state register listing or eligibility) in consultation with the Town Historian/Deputy Town Historian.

A resource shall be added to Class 2 (and to the Historic Resource Inventory if not already included) if it is found to meet the general definitional criteria for a designated historic resource set forth in § 164-43.3B(2)(h).

A resource shall be recommended for removal from the Historic Resource Inventory if it does not currently meet the general definitional criteria set forth in § 164-43.3B(2)(h) below or is not deemed by the Architectural Review Board, Town Historian/Deputy Town Historian or Town Board to be of similar significance based on documentary evidence received by the Architectural Review Board.

Unless a resource is proposed for addition to or deletion from the inventory or for reclassification by the owner(s) of the property upon which the resource is located, such owners(s) shall be notified upon receipt of a proposal affecting their property and shall be invited to respond to such proposal at or prior to the public hearing. The owner(s) of any property(ies) which are the subject of any such proposed legislative action shall be given written notice of the Architectural Review Board's recommendation to the Town Board at least 10 days prior to the public hearing.

Amendments, as needed, shall conform to all procedural requirements for an amendment to the Zoning Law.

The following general definitional criteria shall be considered when determining whether a resource should or should not be included on the Historic Resource Inventory or should be reclassified:

Tourist Home (bed and breakfast), subject to the provisions of § 164-46J(103).

Business and professional offices employing not more than five persons.

Art and craft studios employing not more than three persons. Where instructional classes are provided, the use shall be limited to one class at a time with not more than five students in the class and not more than two instructors.

Art galleries of 5,000 square feet or less of gross leasable floor area.

Antique shop, rare book, and coin or stamp shops of 1,500 square feet or less of gross leasable floor area.

Multifamily residential use in single-family districts, but not to exceed four units within the principal residential structure, contingent on the continuing residency of the owner of the building within one of the dwelling units.

Conversion of a nonresidential structure to a residential use, in any zoning district, subject to the provisions of §§ 164-46J(53) and § 164-46J(145) and not to exceed four dwelling units within one structure.

Eating and drinking places but excluding drive-in restaurants and fast food restaurants.

Repair services including small scale uses such as small appliances, watches, household furnishings, shoes, bicycles, locks, but shall not include automobile, truck, motorcycle, or lawnmower repair, and shall be limited to one employee per 500 square feet of gross leasable floor area devoted to this repair service use, up to a maximum of 1,500 square feet.

Conference center as a principal use in Class 1 historic resources only, where located on tracts exceeding 10 acres and subject to the provisions of §§ 164-46J(53) and 164-46J(138)(g).

Customary accessory uses to any permitted principal use.

Institutions of higher learning, public libraries, museums, state-accredited private schools of 5,000 square feet or less of gross leasable area.

A combination of two or more of the above uses in the same structure.

The modification shall have the effect of encouraging the continued protection or reuse of the historic resource.

The approval of the special use permit is deemed by the Planning Board to be necessary for the preservation of the historic resource.

The approval of the special use permit is deemed by the Planning Board to have no significant adverse impact on adjoining properties, as determined through the SEQR review process.

Where plans involving historic resources under this § 164-43.3 result in all or portions of any such resource remaining unoccupied, the Town of Warwick may require that such unoccupied resource shall be tightly sealed and barred off in a manner not jeopardizing historical integrity, and the utilities turned off for safety.

In granting special use permit approval in accordance with this § 164-43.3, the Planning Board shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.

In granting a special use permit approval in accordance with this § 164-43.3, the Planning Board may require as a condition of approval the establishment of a facade easement, conservation easement, historic conservation easement, or other means to guarantee permanent protection of the historical integrity of the subject resource.

Except where clearly detrimental to the historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this Zoning Law shall be complied with, including, but not limited to, requirements for buffering, landscaping, lighting, storage, loading, parking, noise, and signage.

The Architectural Review Board, in consultation with the Town Historian/Deputy Town Historian, shall review all requests for special use permit approval regarding historic resources related to requested area and bulk modifications and evaluate whether the requested modifications are necessary for the preservation, and are compatible with maintaining the historical integrity of the historic resource. Recommendations shall be in a written report to the Planning Board in accordance with Chapter 5, § 5-6 of the Town Code.

Plans involving any rehabilitation, alteration, or enlargement of a designated historic resource proposed as part of the special use permit application shall use as a guideline the Secretary of the Interior's Standards for Rehabilitation of Historic Properties, as follows. Such plans shall be reviewed by the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian, which shall submit a written review to the Planning Board, and the plans submitted shall be in sufficient detail to allow a determination of their compliance with the standards below. In approving the special use permit, the Planning Board may set reasonable conditions requiring compliance with the Secretary of the Interior's Standards for Rehabilitation, as applicable.

An applicant seeking special use permit approval regarding a historic resource shall submit the appropriate application to the Town Planning Department pursuant to § 164-46C. The application shall include, in addition to that which is required under § 164-46C, where relevant, the following:

Upon receipt by the Planning Department, the complete application shall be forwarded to the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian and Planning Board. Upon receipt of a complete application by the Planning Board, the Architectural Review Board and Planning Board shall, at a regular or special meeting, review the application for special use permit approval prior to the required public hearing. The applicant will be notified of such meetings at least 10 days prior to the scheduled dates and shall have the opportunity to present reasons for filing the application. In reviewing the application the following shall be considered as well as the requirements of this section.

Recommendations, if any, of the Architectural Review Board shall be in a written report to the Planning Board and shall include any suggestions for specific changes to proposed plans. If no recommendation is submitted to the Planning Board by the date of the public hearing to consider the application, then it shall be considered that the Architectural Review Board recommends approval of the application.

The Planning Board, after review by the Town Historian, shall act on the special use permit application in accordance with the provisions of § 164-46 of the Zoning Law.

No Class 1 Designated Historic Resource shall be demolished by neglect as defined herein.

Demolition by neglect shall not be used as an automatic excuse by the applicant as justification for an active demolition application.

Demolition by neglect does not apply to ruins, such as partially roofed structures, wall remains, remaining foundations, or other structures which are clearly in ruins and missing a substantial portion of the structural mass, existing at the time of adoption of this section creating this § 164-43.3 or permitted to remain as ruins pursuant to this section.

These regulations are meant to protect historic resources from parties who by ordinary negligence or willful neglect allow those resources, which are in usable condition on a property at the time of adoption of this section creating this § 164-43.3, or at the time a new owner purchases a property, to deteriorate or become unusable and a liability to the point of needing to be demolished for safety reasons. An example of this would be a party purchasing a property containing a historic resource listed on the Town Historic Resource Inventory in usable condition and/or previously being used prior to the sale of the property, and, in order to avoid having to undergo the historic review process, as outlined in this section, said party allows that historic resource to become so deteriorated that the resource would qualify immediately for a demolition permit due to the unsafe or hazardous condition of the resource.

The applicant for demolition of a designated historic resource shall submit to the Town Building Department an application for a demolition permit. All applications for demolition shall be reviewed against the Historic Resource Inventory and in consultation with the Town Historian/Deputy Town Historian. If the application concerns the demolition of a Class 1 Designated Historic Resource, the Code Enforcement Officer shall be directed not to issue the permit and shall inform the applicant to comply with the following procedures and requirements of this section, as applicable.

In addition to the applicable requirements under Chapter 82 of the Town Code, the Town Fire Prevention and Building Code, any applicant seeking a permit to demolish a designated historic resource shall submit the following information regarding that resource:

The Code Enforcement Officer shall notify the Architectural Review Board and the Town Historian/Deputy Town Historian of the application for demolition upon acceptance of a properly completed application, including the necessary filing fee, and shall forward such application to the Planning Board within 10 days of receipt.

Within 35 days of receipt of a complete application for demolition from the Code Enforcement Officer, at its next regular meeting or a special meeting, the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Architectural Review Board shall take into account the following:

Recommendations of the Architectural Review Board. The Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall make its written recommendation to the Planning Board either recommending approval of the demolition application as submitted, recommending approval of the application with conditions, or alternatively, the Architectural Review Board may recommend to use the following time period to provide adequate opportunity for documentation of the resources as set forth below, for the applicant to prepare a financial analysis as set forth below, and/or to engage in discussion about alternatives to demolition with the applicant. The Architectural Review Board shall make every effort to communicate to the applicant the historical significance of the historic resource, its significance to the Town, and alternatives to its demolition.

Approval of the Planning Board. Within 35 days of receiving the recommendation from the Architectural Review Board, the Planning Board shall consider the application at a public meeting, together with the recommendations from the Architectural Review Board, and vote either to approve the application as submitted, approve the application with changes, or defer their decision affording a delay of demolition for up to the periods specified above. The applicant shall be notified at least 10 days prior to the date of the public meeting, and shall have the opportunity to present reasons for filing the application. Within five days of making its decision, the Planning Board shall provide written communication of its decision to the applicant, the Architectural Review Board, and the Code Enforcement Officer.

Issuance of a demolition permit. Where the Planning Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is authorized to be granted with conditions, the Code Enforcement Officer shall be authorized to issue a permit upon receipt from the applicant of written acceptance of those conditions.

Final recommendation on demolition by the Architectural Review Board. Prior to or at the end of the expiration of the ninety-five or sixty-five-day review period, the Architectural Review Board may recommend approval of the demolition permit or where the Architectural Review Board does not believe that the applicant has proven hardship, may recommend denial of the application. In such cases, the Architectural Review Board shall make a written report to the Planning Board setting forth reasons for its recommendation and the evidence considered.

Final decision on demolition by the Planning Board. The Planning Board shall act upon the application for demolition within or at the ninety-five or sixty-five-day review period, whether or not it receives a recommendation from the Architectural Review Board, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within 14 days of making its decision, the Planning Board shall provide written communication to the applicant, Architectural Review Board, and Code Enforcement Officer.

Any costs incurred by the Architectural Review Board, as agreed to by the applicant, to review plans or studies submitted by the Architectural Review Board's consultant specifically retained for this purpose, shall be reimbursed to the Town by the applicant in accordance with Chapter 75 of the Town Code.

Jeremiah Morehouse House, 11 Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 42" N | 74° 22' 08" W.

General John Hathorn Stone House, Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 48" N | 72° 22' 16" W.

The Boulders AKA Homer A. Norris House, 99 Shore Avenue, Greenwood Lake, NY 10925. Coordinates: 41° 11' 18" N | 74° 18' 46" W.

Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;

Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cuts by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices;

Location and use of adjacent properties;

Nearby properties that may be affected by the proposed lighting plan;

Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions;

Additional information that the Planning Board or Building Inspector determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaries will be on and when they will be extinguished.

Uplighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line.

Roof-mounted area lighting is prohibited.

The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited.

The use of mercury vapor lamps is prohibited.

Unshielded wallpack-type fixtures are prohibited.

Class 1 home occupations shall be compatible with the residential use of the property and the neighborhood and shall not be classified as a Class 2 home occupation requiring a special use permit, provided that:

If any threshold in Subsection A(10)(a)[1] or [2] or [3] above is reached, the Class 1 home occupation shall be classified as a Class 2 home occupation requiring the issuance of a special use permit from the Planning Board.

Ambulance, limousine, taxi, or similar service with any employees or more than one vehicle used in the home occupation.*

Automobile-related businesses, including repair, painting, parts, sales, upholstery, detailing, or washing services.

Bed-and-breakfast establishments with more than three bedrooms for rent.*

Churches and other places of public assembly accommodating more than 50 persons.

Commercial stables, kennels, or animal hospitals.

Construction companies, building contractors, home builders, or general contractors with any employees or more than one vehicle used in the business.*

Convalescent homes or clinics.

Dancing, art, martial arts, and similar group instruction activity when serving more than six students per day.*

Family day-care centers exceeding the requirements of the New York Codes of Rules and Regulations.*

Landscape contractors with any employees or more than one vehicle used in the landscape business.*

Mortuary establishments.

Motor boat sales and/or service.

Personal service establishments, licensed by the NY State Education Department, serving more than one customer at a time.

Restaurants, taverns, and tea rooms.

Tourist homes with more than three bedrooms for rent.

Alterations. Shall not be enlarged, extended, reconstructed, restored [except in accordance with § 164-45B(3) herein] or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground area of said nonconforming use, provided that the most restrictive bulk requirements specified in the district in which said nonconforming use is located shall apply to any such extension.

Displacement. No nonconforming use shall be extended to displace a conforming use.

Changes. Shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a more restrictive nature. Such changes shall conform, to the extent practical, to current design standards and are also subject to site plan approval by the Planning Board.

Discontinuance. Shall not be reestablished if such use has been 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.

For lands lying within a Town of Warwick flood hazard area or within flood hazard zone areas as defined by the Federal Emergency Management Agency (FEMA);

For lands lying within the Ridgeline Overlay Districts;

For lands lying within a local, state, or federal designated historic district, building, structure, or site or within sites that are contiguous with such historic resources;

For lands lying within a scenic viewshed or scenic road corridor as officially designated by the Town of Warwick and/or a county, state or federal agency.

For lands lying within the proposed Town of Warwick greenway trail corridor, as designated on the Official Town Map or in the Town of Warwick Comprehensive Plan.

Fifteen copies of the completed site plan and/or special use permit application on forms prescribed by the Planning Board at least 21 days prior to a scheduled regular meeting of the Planning Board;

All required submissions for site plan review and approval as set forth in § 164-46G of this chapter; and

Required fees in accordance with Chapter 75, Development Fees.

The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood; and

The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

Lot lines;

Approximate lot measurements;

Existing and proposed streets or other accessways;

Proposed location of future roadway connections between the subject parcel and adjacent parcels;

Location and dimensions of existing and proposed structures and paved areas;

Proposed ingress and egress of the site;

Site topography;

Significant natural and historic features as specified in § 164-46G(3)(h) and (i);

Photographs of the site and buildings thereon; and

Any other similar descriptive data to clarify the proposed project.

Title of drawing, including the name and address of the owner of record, applicant, and licensed professional(s) responsible for the preparation of such drawing, including seal and signature.

North arrow, scale and date.

Boundaries of the property with surveyed dimensions.

Names of all owners of record adjacent to the applicant's property.

Existing school district (if applicable), zoning district, and overlay district boundaries, and any special features as indicated on Figure 10 of the Town of Warwick Comprehensive Plan[4] within 500 feet of the site's perimeter.

Acreage of each distinct existing and proposed land use on the applicant's property, and the proposed density of each if residential uses are proposed.

Grading and drainage plan showing existing and proposed contours with intervals of two feet extending 50 feet beyond the tract. If any portion of the parcel is within a one-hundred-year floodplain as determined by the Federal Emergency Management Agency (FEMA), the area will be shown, and base flood elevations given.

Location and boundaries of all existing natural land features on the property, including rock outcrops, isolated trees 12 inches or more in diameter at breast height (dbh) and all trees over 24 inches in dbh (whether isolated or in a forested area), existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping, stone walls, soil types and boundaries, active farmlands and prime agricultural soils, visually prominent agricultural landscape features, such as fields, pastures, and meadows on knolls and hilltops, woodlands along roadways, property lines, and streams, scenic vistas, steep slopes in excess of 15%, and water sources. Water sources include ponds, lakes, wetlands and watercourses, aquifers, aquifer recharge areas, floodplains, and drainage retention/detention areas. Locally significant trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed.

Location of all existing buildings, structures, signs, and agricultural lands, on adjacent property within 100 feet of the subject lot lines.

Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant's property, including floor plans, and plans for exterior elevations at a scale of one-quarter inch equals one foot showing the structure's mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of building areas to be used for a particular use, such as retail operation, office use, warehousing, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use. In a development of two or more lots, the elevation shall be understood to be the median elevation of all principal buildings to be sited.

Traffic flow patterns within the site, entrances and exits, truck/commercial vehicle loading and service areas, curb cuts on the site and within 100 feet of the site, and all streets which are either proposed, mapped or built.

The location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking spaces required and to be provided. The Planning Board shall encourage the provision of parking areas using alternative paving materials, such as paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is evident.

The location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences.

A landscape plan showing all proposed changes to existing natural land features, including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added. A planting schedule and a landscape maintenance plan shall be included. Trees to be saved shall be noted on site plans, and appropriate measures shall be outlined to protect the tree stock from damage during construction. Open space and recreational areas shall be identified. The location and proposed development of all buffer areas between the proposed site and adjacent properties, including existing vegetative cover and that portion that will be preserved or enhanced, shall be also indicated. The applicant's site plans shall show all live plant materials and nonplant materials, such as those described herein, to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include an analysis of how the site is to be prepared for plant material installation with an emphasis on soil quality and available depth. All playground, parking, storage, waste, and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees should be retained and protected during construction. Isolated trees over 12 inches in caliper shall be identified as to caliper and species, located on the landscape plan, and shall be preserved to the maximum extent practical. Parking lot landscaping shall comply with § 164-43.2A(7) in addition to the requirements of this section. Where conflicts exist, the more restrictive provisions apply. Commercial agriculture is generally exempt from the landscaping requirements of the chapter, except as specifically identified herein.

The location, design and construction materials of all existing and proposed utility systems including:

The location of fire and emergency accessways and zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.

The location, type, and screening details for solid waste disposal facilities and containers.

The proposed location, height, orientation, type of illuminating device, bulb type and wattage, and photometric data of all outdoor lighting fixtures, as required in § 164-43.4 of this chapter.

The location, height, size, materials, design, and illumination of all present and proposed signs and other advertising or instructional devices, as required in § 164-43.1 of this chapter.

Estimates of noise generation.

Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.

Plans for the disposal of construction and demolition waste, whether on-site or at a New York State approved solid waste management facility.

In the case of residential development, payment of a recreation fee is required as provided by Chapter 75 of the Town Code.

For projects involving more than one phase, a site plan indicating the ultimate development of the entire property.

A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.

A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.