That there shall not be any detrimental effect by the establishment of such use on other uses within the district and that the use is compatible with the district intent as described in the Town of Wawarsing Comprehensive Plan, as may be amended from time to time.

That such use will be in harmony with the orderly development of the district and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.

That the use meets the prescribed requirements for the district in which located and the following prescribed provisions. As a condition of all special use permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.

The proposed use shall be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties. The Planning Board shall determine that the proposed use meets the intent of this chapter and the intent of the zoning district in which the use is proposed. The Planning Board may require a reduction in the size, intensity or density of the use to ensure the standards set forth herein are met. In this regard, the Board may consider, without limitation, lighting, noise, outdoor storage, visual character, site design, and architectural character. The Planning Board may require the submission and approval of a photometric plan, noise impact analysis, visual impact analysis, floor plans and building elevations to make this determination.

The location and size of such use, the nature and the intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to 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. The Planning Board may specifically require the submission of a traffic impact analysis to make such determination.

Roadway improvements which are necessary and/or proposed to mitigate project related traffic impacts shall be such that they do not negatively impact the character of the neighborhood in which they are located.

Traffic access shall be designed so that local roadways through residential neighborhoods are not impacted by the diversion of traffic from more congested main roadways as a result of the proposed access design and the additional traffic volume generated by the proposed special permit use, including trips generated during off-peak nighttime and/or weekend hours.

Traffic flow to and from the site and the operation of street intersections at peak weekday, weekend and appropriate seasonal traffic hours in the vicinity of the site, taking into consideration any proposed or required street improvements, shall be such that the use shall not create nor increase any vehicular or pedestrian safety hazard or decrease the level of service at any such street intersection.

Proposed off-street parking and loading facilities shall be of adequate size for the particular use, properly and safely located and designed, and suitably/screened from adjoining residential and other uses, and the entrance and exit drive(s) shall be designed to achieve maximum convenience and safety.

The location and height of the 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 development and use of adjacent land and buildings. The Planning Board may specifically require submission of a landscape plan to make such determination.

The proposed use will not require such additional public facilities or services or create fiscal burdens upon the Town greater than those which characterize uses permitted by right and will not require such facilities or services that are greater than current or anticipated levels. The Planning Board may consider, if and as applicable, whether the proposed use will provide economic benefits to the Town and its residents and, at the same time, will avoid adverse economic impacts to other existing uses. The Planning Board may require a fiscal impact analysis to make such determinations.

The physical characteristics of the site, including its soils, vegetation, topography, wetlands and other environmental features and physical characteristics, shall be such that the land will be suitable and conducive to the orderly, safe and appropriate development of the proposed use, including its proposed design and location on the site, its proper buffering from surrounding properties and land uses, and the protection provided for environmental features, including wetlands, steep slopes, and important vegetation, including mature woodlands and specimen trees. The Planning Board may require submission of wetland surveys and reports, and ecological studies to make this determination.

The proposed use, including its design and location on the site, will not create a hazard to life, limb or property because of fire, flood, erosion or panic, or by its inaccessibility for the safe and convenient entry and operation of fire and other emergency apparatus, or by the overcrowding of land or undue concentration or assemblage of persons within such or upon such property.

The proposed use, including its design and location on the site, will be compatible with the protection of groundwater resources. The Planning Board may require submission of a hydrologic study or other report to ensure this standard is met.

Facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that will be generated by the proposed use will be adequate for such purpose. The Planning Board may require submission of a wastewater study to ensure this standard is met.

The operation of the proposed use shall not overburden or otherwise interfere with the orderly enjoyment of neighboring parks, recreational facilities, or other public facilities.

The safety, health, welfare, comfort, convenience, and order of the Town will not be adversely affected by the proposed special permit use and its proposed location on the site.

In addition to the general standards for conditional uses and special use permits as set forth above, the Planning Board may condition its approval as necessary and appropriate to promote the public health, safety, and welfare and to otherwise implement the intent of this chapter.

Expiration. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason plus whatever time extension has been granted by the Planning Board. The Planning Board may, in its discretion, extend the time frame within which a special use may be reestablished, for up to four extensions of up to six months for good cause, as determined solely by the Planning Board. Notwithstanding any extensions granted by the Planning Board, when the operation has ceased to operate, the special use shall also be deemed to have expired.

Extension of approval. A special use permit shall be deemed to have expired if construction is not commenced and completed within 18 months from the date of approval. The Planning Board may, in its discretion, extend the approval for up to four extensions of up to six months for good cause, as determined solely by the Planning Board. Where the approval has expired, the special use shall also be deemed to have expired.

Agrihood uses. Agrihood uses are allowed in association with a conservation subdivision to render the development an agrihood. The agrihood uses shall not consist of more than 15% of the gross acreage of the site. Uses allowed in an agrihood shall include:

Open space. Produce shall be grown within the open space area associated with the conservation subdivision to which the agrihood uses are associated and part of. The amount of open space area dedicated to agricultural production shall be at least 50% of the open space area.

Agrihood uses. Should any of the uses be vacated, any building or lot shall not be reused except for a use otherwise allowed in the applicable zoning district.

No building associated with an agrihood use shall be greater than 5,000 square feet, unless the Planning Board waives this requirement based on the specific nature of the agrihood use. The Planning Board shall ensure that all agrihood uses have sufficient water supply, wastewater and stormwater infrastructure, parking, and any other infrastructure necessary to serve the uses. Minimum lot and yard requirements for the agrihood uses shall be established by the Planning Board during special use permit review.

The Planning Board, in its discretion, may limit the agricultural operations activities in the open space area of the conservation subdivision based on the residential uses in the conservation subdivision and adjoining residential uses, or require that they be located on the site in a manner where they are not detrimental to on-site and adjoining residential uses. Nothing herein shall limit agricultural operations where the open space area within the conservation subdivision is located in a New-York-State-designated agricultural district.

Where required, proposed uses shall apply for and obtain a special event permit for activities subject to same.

There shall be a maximum of two nonresident employees at the bed-and-breakfast establishment, except that in the BH and MU Districts the Planning Board may permit additional nonresident employees.

Off-street parking accessory to this use shall not be located in front or side yards which abut a street except in the BH and MU Districts. In all cases, off-street parking accessory to this use shall be screened from adjacent residential properties.

Except in the BH and MU Districts, a maximum of one sign shall be permitted for this use and this sign shall not exceed two square feet in area. In the BH and MU Districts, the signage shall comply with § 112-18 of this chapter.

Except in the BH and MU Districts, the outward appearance of the use shall be that of a single-family home; there shall be no indication of the bed-and-breakfast establishment from the exterior of the building except for the sign. A separate entrance into the building for the bed-and-breakfast establishment shall not be permitted.

Except in the BH and MU Districts, food and beverage shall only be provided to registered guests of the bed-and-breakfast establishment.

The lodging provided shall be for periods of less than two weeks in duration.

The maximum number of guest rooms at a bed-and-breakfast establishment shall be four, except that the Planning Board may, in its discretion, allow additional guest rooms up to a maximum of eight, where the Board determines that the size and shape of the lot on which the establishment is proposed can accommodate the additional patrons and parking.

Such facilities shall include appropriate site enclosure and screening requirements as established by the Planning Board.

All buses being stored or parked shall be licensed and in operating condition.

All buses shall be maintained in such a manner as to minimize emissions of odor, dust, smoke, gas, noise and vibrations.

Site capacity. The minimum lot area, as defined in § 112-10F, shall be 25 acres. The Planning Board may place limits on the overall number of cabins, dwellings, or campers in order to accommodate the use and avoid adverse impacts to the environment, the zoning district, or the Town's residential uses and neighborhoods. In doing so, the Planning Board shall consider the adequacy of potable water, wastewater disposal facilities, traffic circulation and emergency access, Uniform Fire Prevention and Building Code compliance, and other criteria that address public health, safety, and welfare of residents and campers. The Code Enforcement Officer, as part of any camp special use permit, may conduct inspections when the camp is in operation periodically with prior notice of at least 24 hours, except in cases of emergency, to determine compliance with the capacity requirement.

Frontage. The camp shall have a minimum frontage of 200 feet on a county or state road. The Planning Board, in its discretion, may allow a camp to be situated on a Town road where it determines, in consultation with the Town Highway Superintendent, that said road and intersections have adequate capacity to handle traffic from the camp and will not cause any adverse access, noise, or other impacts to adjoining residential uses.

Layout. Camp facilities shall be designed so as to be consistent with the character of the surrounding neighboring residences. Buildings and structures shall not exceed 2 1/2 stories and 35 feet in building height except for cafeterias; gymnasiums, community centers, religious buildings, administration buildings, and similar nonresidential types of buildings and structures which shall not exceed 45 feet in building height.

No recreational vehicle or tent campsites, or any other transient or overnight camping accommodations, shall be offered to noncampers, and no camping trailer or recreational vehicle of any size is allowed in a camp, except as approved by the Planning Board on a temporary basis, considering compatibility with the health, safety, and welfare of campers and neighboring residents.

No building, cabin, tent, or active recreation facilities/structures shall be located closer than 50 feet from any lot line, except said setback shall be a minimum of 100 feet from any lot line or portion thereof that adjoins a residential use. Notwithstanding the foregoing, a camp in existence prior to the effective date of this Zoning Chapter with a setback of less than 100 feet from an adjoining residential use may be expanded with new buildings, cabins, tents, or active recreation facilities/structures that maintain the current setback provided it is a minimum of 50 feet from adjoining residential uses. The uses and structures within the camp shall be effectively buffered and screened as required in Subsection D(6) below to minimize noise and visual impact to adjoining residential properties.

A landscape buffer no less than 50 feet inward from the camp property lines shall be provided and maintained within the required setbacks which shall provide adequate screening to provide visual separation from adjoining properties during all times of the year through preservation of existing vegetation and/or installation of a mix of deciduous and coniferous trees, shrubs, and other vegetation that achieves the screening objective. Said buffer may be encroached upon only by a driveway that provides direct access to an adjoining road. The Planning Board may waive or reduce this landscape buffer requirement where it finds that adequate screening is provided by reason of topography, existing forested landscape, and/or where no activities or structures will be visible from adjacent properties. Where the buffer is provided by preservation of existing vegetation, notes shall be provided on a site plan that restrict clearing within the buffer area. Passive recreation uses such as walking, hiking, wildlife observing, nonmotorized biking and similar activities that do not disturb the landscape buffer and that do not generate significant noise as determined by the Planning Board are allowed within the buffer, and minimal cutting or trimming of vegetation to allow such passive recreation issues within the buffer shall be permitted.

Adequate evidence shall be furnished by the applicant demonstrating that noise levels will not disturb nearby residential properties. Such evidence must take into account the nature of the activity, the frequency of the activity and the time and day of the proposed activity. Public address systems are prohibited except as allowed below.

Sanitary and wastewater disposal systems shall be approved by the New York State Department of Health. Enclosed flush toilets shall be required.

Centralized solid waste receptacles shall be required with mandatory fencing and screening of at least six feet in height. Waste in these receptacles shall be collected regularly to avoid odor, health hazards and litter. At the discretion of the Planning Board and based on the size and operation of the camp, the Planning Board may require a trash compactor. On-site storage of refuse longer than seven days, and the burial of any refuse or debris is prohibited.

Adequate emergency access shall be required throughout the camp site. The Planning Board shall ensure that suitable surfaces are provided for internal driveways to ensure emergency equipment can access all occupied areas of the site. The camp shall be designed with two separate points of ingress and egress, unless the Planning Board grants a waiver from this requirement for good cause shown by the applicant such as where two separate points are not feasible and adequate procedures and safeguards can be put in place to allow adequate access to the site. All internal drives shall consist of a dustless stabilized surface, and the Planning Board may require that they be paved to accommodate emergency vehicles based on the recommendations of the fire district or other emergency services providers, or the Town's engineering consultant. Drop-off and pickup areas for buses and vehicles shall be located no less than 100 feet from the lot line along the street providing access to the site, or some lesser distance if the Planning Board determines there is sufficient space to queue buses and other vehicles on the site without creating any queuing on the street(s) that provide access to the site during ordinary operations. There shall be safe and adequate management of vehicular and pedestrian traffic entering and exiting the site, as well as within the site, including particular safeguards covering episodic periods of drop-off and pick-up of children and/or visitors. Buses shall be boarded and off-boarded within the site and adequate space shall be provided.

No parking, loading or maneuvering incidental to parking shall be permitted in connection with the use of any camp on any public street, sidewalk, required buffer, right-of-way or any public grounds not part of the camp.

Accessory structures including, but not limited to, laundry rooms, recreation rooms, cafeteria, accessory religious space for worship that are ancillary to the operation of the campground are permitted.

Fireplaces and campfires. All fires in any camp shall be in a designated approved location with at least a stone or other fireproof enclosure demarcating the usable area from which all vegetative growth or other flammable material which might contribute to the accidental spread of the fire shall be removed. A camp shall adhere to all outdoor burn bans issued by any local, county, or state agency.

Resident manager. One dwelling for a resident manager may be occupied year-round and shall be permitted accessory to a day camp.

NYS Uniform Code. The camp shall comply with the requirements of the NYS Uniform Fire Prevention and Building Code, as may be amended from time to time. The Code Enforcement Officer may conduct inspections annually, or at other times for cause or in response to a complaint, to ensure such requirements and any Planning Board approvals are met.

Management. Every camp shall maintain with the Town the contact information for the person in charge of the camp, including a phone number(s) for contact in the event of an emergency, or otherwise, available 24 hours per day.

Lighting. Lighting shall be dark sky compliant.

Public address system. A public address system may be allowed by the Planning Board where it finds the system will be operated in a manner that complies with the Town's Noise Control Law (Chapter 78 of the Town Code). The Planning Board shall approve the location of the public address system at the time of site plan approval to ensure it meets this requirement. If at any time the system is not in compliance with the Town's Noise Control Law, the Code Enforcement Officer shall require it be relocated or removed. The public address system may only be operated from dawn to dusk, but nothing herein shall limit its use in an emergency.

Identification sign. A sign shall be permitted in accordance with the sign regulations of this chapter. For safety purposes, an identification sign shall be provided along the public road to which the camp fronts.

Visitation/events. The camp may exceed the overall camp capacity as set forth in Subsection D(1) above on visitation and event days. The Planning Board may review and set limits on the number of events and timeframes for the events/visitation days, which shall take into consideration the need for parking, demand for potable water and wastewater generation, and similar factors.

Architectural review. The color, design, and materials of all buildings shall be subject to review and approval by the Planning Board. The Planning Board may require sample materials, elevation and renderings to be submitted. A camp shall be designed using earthtone colors to fit into the landscape, except where there is a showing of need for different colors for religious or safety requirements.

Landscaping. The Planning Board may require a landscaping plan.

Amendments. The alteration or expansion of any day camp operating with a special use permit shall require review and approval of an amended special use permit and site plan under § 112-40 and Article VIII of this chapter and shall be subject to the special use permit standards and requirements of this section.

An overnight camp shall adhere to all requirements for day camps.

Cabins or other sleeping quarters shall be constructed in compliance with all applicable New York State and Ulster County requirements, rules, and regulations.

Cabins or sleeping quarters that are part of an overnight camp shall only be used as part of the overnight camp use and no building shall exceed 4,000 square feet in gross floor area except where the Planning Board permits larger buildings based on a determination that the layout and locations of such larger dwelling units will ensure compatibility with the health, safety, and welfare of campers and neighboring residents. There shall be no permanent family occupancy in the overnight camp, except for resident manager quarters as set forth herein. All cabins and sleeping quarters shall otherwise be constructed in accordance with NYS Uniform Fire Prevention and Building Code and Sanitary Code requirements, as may be amended from time to time.

Resident manager quarters. Living quarters for any resident manager(s) and/or property owner(s) and their family household who live separately from campers or counselors sleeping in dormitories, cabins, bunkhouses or other such group quarters without cooking facilities shall be provided within a permanent dwelling structure, meeting the requirements of the New York State Uniform Fire Prevention and Building Code. Such dwelling apart from camper and counselor staff beds in group quarters shall contain its own cooking facilities and shall be treated as a dwelling unit. The density for a dwelling unit shall be the minimum lot area required for a dwelling unit in the zoning district in which the camp is located. The required minimum lot area(s) for the living quarter unit(s) for resident manager(s) or property owner(s) shall be subtracted from the lot area before calculating the maximum number of camper or staff beds in group quarters permitted at the overnight camp. The dwelling unit for a resident manager or property owner may be located within the overall property and need not be situated on an individual lot. The resident manager shall be on the premises on a regular basis or shall provide regular inspections to guard against vandalism during the off-season.

Operation plan. Upon request of the Building Department, the applicant for an overnight camp shall submit a copy of a camp safety plan as required by Title 10, Subpart 7-2, Children's Camps, of the New York State Public Health Law.

A seasonal camp shall adhere to all requirements for day camps and overnight camps.

Sleeping quarters for families and households shall be considered seasonal single-family dwelling units, whether attached or detached. Seasonal single-family dwelling units shall only be occupied during the camp season and must be occupied by at least one staff member. The Planning Board may place limits on the overall number of seasonal dwelling units in order to accommodate the use and avoid adverse impacts to the environment, the zoning district, or the Town's residential uses and neighborhoods. In doing so, the Planning Board shall consider the adequacy of potable water, wastewater disposal facilities, traffic circulation and emergency access, Uniform Fire Prevention and Building Code compliance, and other criteria that address public health, safety, and welfare of residents and campers. The dwelling units shall be laid out so as to have a rural naturalistic appearance and shall not be laid out in a grid. Detached dwelling units and/or buildings containing attached dwelling units shall be separated no less than 40 feet from one another, and the Planning Board shall approve the layout and locations of dwelling units to ensure compatibility with the health, safety, and welfare of campers and neighboring residents.

Nothing herein shall permit individual ownership of the dwelling units, e.g., condominium association.

The Planning Board shall require a landscaping plan for that area designed with sleeping quarters for families and households.

Licenses and fees.

Design standards and general requirements.

Revocation of license.

Penalties for offenses; additional remedies. The Code Enforcement Officer may, in the case of violations of the foregoing provisions by any campground or RV park lot occupant, and in addition to other remedies available under this chapter, and regardless whether or not such campground or RV park has a current license, remove or cause to be removed all camping facilities and persons associated with such activity. This shall include tents, vehicles, recreational vehicles, personal equipment and other goods. Such person or persons shall also be guilty of a violation and be punished as provided herein. The Code Enforcement Officer shall provide any violator who is not a repeat violator with a warning and order to immediately cease and desist in the violating activity and, upon failure of the violator to do so, shall institute the actions provided above. He may enter onto the grounds of any property for purposes of determining compliance.

Exceptions.

The arrangement, character, extent, width, grade and location of all streets and internal driveways shall be considered in relation to existing and planned streets, topography, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. A pedestrian system shall be provided to link uses within the overall site and to parking areas.

The buildings and structures shall be compatible with the rural character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein.

The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Town Board shall approve the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk and county and local emergency service organizations.

In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.

A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall confer with the Planning Board regarding the scope of the traffic analysis prior to the study's being conducted. The Planning Board shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to mitigate significant adverse traffic impacts.

The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication, "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces.

All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application.

On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.

The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate the master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances.

The application shall include a site plan that depicts those uses proposed for development including but not limited to pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, residential structures and seating facilities to accommodate performing arts patrons. The site plan must depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses.

Concurrent with its overall site plan submission, an applicant may submit a detailed site plan application for one or more phases of the overall development. The Planning Board may issue special use permit approval for either the entire or a portion of the development.

A gasoline filling station shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies and parts, a convenience store, and accessory parking associated with the convenience store. The gas station may have an accessory vacuums and tire pumps.

A gas station shall only be located on a lot with a minimum 150 feet of frontage on a state highway. The Planning Board is not permitted to waive this requirement.

Use of a gasoline filling station for the sale of new or used motor vehicles or car washing is prohibited.

The site of a gasoline filling station shall have a frontage of at least 150 feet on a public street and shall have a depth of at least 150 feet.

Fuel pumps shall be set back at least 50 feet from any street, residential property line or residential zoning district boundary. All other buildings and structures, including underground storage tanks, shall be set back at least 25 feet from any lot line unless a larger yard setback is required for the applicable zoning district, and all buildings and structures shall be set back at least 50 feet from the lot line of a contiguous lot in a residence district, whichever is greater. A suitably landscaped area at least 10 feet wide, or a six-foot-high, stockade-type wooden fence, with finished side facing the residence district, shall be established along all side and rear lot lines. A planting area with a width of no less than 10 feet shall be provided along any lot line along the street line. Maximum lot coverage by all buildings and structures shall be limited to 50% of the lot.

There shall be no more than one driveway for each 50 feet of street frontage and no more than two curb cuts for any gas station. Such driveways shall not be more than 35 feet wide and no less than 20 feet wide at the curbline, shall be no closer together than 15 feet at the curbline and shall be at least 50 feet from any intersection of public streets. All driveways and parking or standing areas shall be permanently improved with a paved surface. The Board shall determine that all driveways, pump islands and other structures are so located that there will be adequate sight distance of vehicles in the public street and pedestrians on the public sidewalk for vehicles entering or leaving the gas station.

There shall not be more than two fuel pumps for each 3,000 square feet of lot area. Storage tanks for gasoline or other motor vehicle fuels shall be located underground in accordance with the State Uniform Fire Prevention and Building Code requirements.

There shall be no outdoor display of motor vehicle accessories. Debris, trash and discarded parts and containers shall be deposited in receptacles maintained therefor.

There shall be no dwelling or sleeping quarters maintained in any gasoline station. Permits for gas stations shall be issued conditionally for fifteen-year periods; provided, however, that the Board of Appeals may revoke a special permit for a gas station upon failure of the holder of such permit to correct any violation of this chapter within 10 days of the date of mailing of a notice to him of such violation.

A convenience store shall be permitted as an accessory use to a gasoline filling station. The gross floor area of the convenience store shall not exceed 5,000 square feet.

There shall be one parking space provided for each 200 square feet, or portion thereof, of convenience store use. Parking spaces at gasoline pumps shall not be used to satisfy the parking requirement for a gasoline service station convenience store.

Appropriate landscaping as approved by the Planning Board shall be installed and permanently maintained.

Exterior site lighting shall not extend beyond the property line and shall meet the lighting standards set forth in this chapter.

A traffic circulation plan shall be provided, demonstrating how the use of the site for both the gas station and the convenience store will not create unsafe conditions or vehicular conflicts. The use of bollards or other physical devices may be required to ensure the safety of vehicles, pedestrians and structures.

The gas station is subject to architectural review by the Planning Board. Nothing herein shall limit the Planning Board from requiring an architectural design or style that varies from any franchise design so as to protect the visual character of the Town.

The building shall be designed to face the street, with the canopy not extending in front of the building line. The canopy and fuel pumps shall be recessed behind the building line so as to not dominate the streetscape. The canopy shall be architecturally designed consistent with the appearance of the building. All lighting within the gas station canopy shall be recessed.

A gas station is permitted one freestanding sign and one building facade sign. Signs are not permitted on the canopy.

The following uses shall be permitted as accessory uses to a golf course: clubhouse (including dining rooms, common rooms, pro shop, social rooms, kitchen, recreation facilities and locker rooms), snack bar/refreshment stand, a groundskeeper residence, putting greens, practice range, parking, maintenance facility, garage, cart storage facility, water supply impoundments, and other uses and buildings that the authorized board determines are accessory to the golf course use. The proposed golf course shall be integrated with any existing development and land uses adjacent to the site, including safe locations for golf holes (tees, holes and greens) and practice areas, as related to adjacent roads, residential development, and other neighboring improvements.

Where a golf course site is adjacent to, contains, or incorporates floodplains, open water, watercourses, trails, flyways, and conservation areas, the applicant may be required to provide and maintain an adequately designed walking trail easement within the property open to the public in furtherance of the Town's goal of linking open spaces in the community. The pedestrian easement shall be located so it does not interfere with play and shall be appropriately isolated from the general operation of the golf course.

The applicant shall be required to provide the necessary infrastructure and utilities, including sanitary disposal system, potable water and irrigation water, either from on-site municipal or private systems. The provision of infrastructure and utilities shall not have a detrimental impact on groundwater or surface water resources.

The golf course shall have two safe and adequate access points from one or more public roads. One of the two accesses may be provided for emergency access only, if, in the determination of the Planning Board; said arrangement provides adequate access. The two means of access shall be connected internally and may be achieved by use of a stabilized surface sufficient to allow passage by emergency vehicles.

Ample provisions shall be made for solid waste collection and storage. All solid waste storage shall be adequately screened and buffered.

One monument sign not exceeding 16 square feet shall be permitted at the entrance to the golf course. All other signs shall be directional signs, and each shall not exceed four square feet. All signs, including size, location, materials and design, shall be approved as part of site plan approval. The Planning Board may approve an additional monument sign at the second access.

Amplifier systems shall be designed so as not to be audible beyond the property lines. The Planning Board shall assess potential sources of noise, including maintenance-related noise, and may establish conditions to minimize noise impacts on sensitive noise receptors in the vicinity.

The number of parking spaces shall be the number necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and submitted at the same time as the special use permit application.

A minimum vegetative buffer shall be maintained between any water body, watercourse or wetland and any turf area which is to be treated chemically. The Planning Board may retain an ecologist and/or other specialist(s) to review the plans and recommend appropriate buffer sizes, which will depend on the specific nature of the watercourse or wetland to be protected, including whether the same contributes to any public water supply reservoir or impoundment. The buffer shall be of sufficient size and designed to protect the surface water from chemicals carried by stormwater runoff. The Planning Board may consider alternative methods of protecting water bodies, wetlands and water courses (e.g., diversion of runoff via swales) where it determines that these methods are equally protective.

Special events open to the general public, such as tournaments, shall be approved by the Town Board by issuance of a special use permit for public outdoor amusement or outdoor entertainment. Adequate provisions shall be made by the golf course operator to handle any crowd generated by such an event and to satisfactorily mitigate off-site impacts, including traffic management, parking, trash removal and waste disposal, security and safety, and utility demand. The golf course may be required to post a performance guarantee for these purposes. All local permissions and permits required for a special event shall be obtained prior to the event.

The course shall be designed, to the extent practicable, in a manner that preserves existing woodland and wooded corridors. Clearance of woodland shall not exceed 50% of the total acreage of the lot on which the golf course shall be situated.

Turf management and water quality. As part of the application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with any guidelines established by the New York State Department of Environmental Conservation and shall also take into consideration guidelines established by the United States Golf Association. These plans must include best management practices to prevent adverse impacts of chemical applications on the groundwater and surface water resources to which the golf course contributes drainage.

Any adverse impacts on groundwater or surface water quality attributable to the golf course will be mitigated. The applicant shall provide for the monitoring of water quality of groundwater and surface water resources. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the integrated turf management plan and integrated pest management plan are approved as part of the application. The applicant may be required to install permanent water-quality monitoring devices to monitor water quality on an ongoing basis. The applicant shall hire a consultant who shall be responsible for carrying out the monitoring program, and the cost of the monitoring shall be borne by the applicant/owner of the golf course facility. The results and findings of any water quality monitoring shall be submitted by the owner to the Town to ensure compliance with the conditions of special use permit approval.

Use. Use of a hotel or motel site and any buildings or structures thereon shall be limited to the usual hotel or motel activities, as defined herein, and accessory uses incidental to the operation of a hotel or motel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the hotel or motel and located on the same site therewith. The use shall comply with Chapter 71 of the Town of Wawarsing Code, in addition to other regulations and standards.

Accessory uses. All space dedicated to accessory uses, including dining rooms, swimming pools and recreational areas whether indoors or outdoors or a combination thereof, shall not occupy more than 30% of the total gross floor area of the hotel/motel. The following accessory uses are permitted, subject to approval by the Planning Board:

Guest sleeping rooms.

Dimensional regulations.

Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.

Off-street parking. Where a hotel or motel includes a restaurant or other eating and drinking facilities open to the public, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. No parking space shall be located within 25 feet from any hotel building ingress or egress, including emergency egress. For a motel, no parking shall be located closer than 10 feet from any ground level guest sleeping room ingress and egress. All off-street parking areas shall be at least 25 feet from all property lines.

Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

There shall be no outdoor public address or music system audible beyond the limits of the property.

The minimum lot size for the establishment of this use shall be 10 acres.

The property as a whole shall be limited in use to the care and maintenance of domesticated animals and fowl. The Planning Board may approve the sale or breeding of said animals and fowl under such conditions and circumstances as it deems appropriate and in accordance with requirements of this section and the purposes of this chapter.

Residential occupancy by the applicant and up to two employees shall be permitted on the site in living quarters which comply with the Town Building Code.

Sufficient outdoor exercise space shall be provided for dogs to be exercised properly. The outdoor exercise area within which dogs will be permitted to roam shall be surrounded by a fence of wire mesh or similar construction sufficiently tall to contain all dogs within it, but a least four feet in height. This fence shall be sufficiently sturdy to contain all dogs using this area and shall be set back at least 150 feet from all property lines.

At least 30 square feet of protected indoor space shall be provided for each dog. Any building housing dogs shall be at least 200 feet from all property lines.

Except for temporary care facilities, a total of 100 square feet of combined inside and fenced outside space must be provided for each dog.

All dogs which present a nuisance by barking shall be contained within soundproof buildings between the hours of 8:00 p.m. and 6:00 a.m. each day.

In all instances, all dogs shall be adequately housed, fed, controlled, fenced, inoculated and otherwise maintained in a sanitary and safe manner so as not to create a nuisance, health or safety hazard to nearby properties, property owners or inhabitants of the neighborhood or the dogs themselves. The kennel shall be inspected on a regular basis, but at least three times per year, by a veterinarian who shall write a report on his observations. This report shall be kept on file on the premises and shall be presented to Town officials for their examination upon their request.

This special permit for a kennel shall apply to the entire tract of land for which it has been issued. If this use shall cease for a period of six months or if any part of this property shall be sold or subdivided, this special permit shall be null and void.

Except where specifically waived by this special permit, all laws or ordinances of the Town of Wawarsing pertaining to dogs or other animals shall be complied with in full.

Manufactured homes and manufactured home parks shall be subject to the requirements of the Town of Wawarsing Manufactured Home Law and the following standards and review criteria. A manufactured home park shall require a special use permit issued by the Planning Board.

Permitted locations. Manufactured homes shall be permitted only within mobile home parks (where permitted) or as individual manufactured homes on a lot within a zoning district that allow single-family dwellings, subject to the standards of Subsection B below and the restrictions found on the Schedule of District Regulations.[1]

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 Wawarsing Manufactured Home Law and the following standards and review criteria:

Three or more manufactured homes on any given parcel shall constitute a manufactured home park and shall adhere to all requirements set forth herein.

Sand, gravel and other quarrying and other mining excavation industries shall extend no closer than 500 feet to any existing residence, institution, public water supply source or other public or semipublic facility as mapped by the Town. In the case of blasting operations, this distance may be increased by the Planning Board. The Board may also limit the extension of such operations within or into any aquifer or watershed protection zone that may be designated by the Town of Wawarsing to protect a public water supply.

All extraction industries shall comply fully with the Mined Land Reclamation Law and provide evidence of such compliance in connection with any special use application.

The manufacturing or processing of asphalt shall not be considered part of any extraction, and proposals for such uses, if and where permitted, shall be fully subject to the requirements of this chapter, notwithstanding pre-exemptions of authority under the Mined Land Reclamation Law.[2]

All sand, gravel and quarrying operations shall be subject to the provisions of § 112-23 hereof relating to traffic, and the Planning Board may require traffic studies to determine the need for special entrance designs, the construction of acceleration and deceleration lanes and the like.

The storage and/or burial of machinery, junk, debris, or any other non-mine-related items shall not be allowed on site. The site shall not be used to park commercial trucks or heavy equipment not directly involved with the currently permitted mining operation. Other uses not directly related to the mining operation shall require separate permission hereunder.

Excavation of less than 1,000 tons per year for the purposes of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed subject to Subsection A above, site plan review and the following provisions. Notwithstanding whether a permit has been issued, property owners may utilize gravel, stone quarrying or subsoil excavation on their own property for fill or leveling without restriction. Farm-related mining of less than 1,000 tons per year is exempt from these requirements but shall comply with Subsection A above, Subsection F(3) below and Subsection F(6) below. For soil mining operations that are not subject to state jurisdiction by virtue of involving the removal of 1,000 tons or less per year, the following provisions shall apply:

Multifamily dwelling projects shall be subject to site plan approval, and subdivision approval as per Subsection O(2) below, if applicable. The application shall also include the following information:

Subdivision. Following site development plan approval, the overall site may be subdivided into lots which may not be smaller than the minimum lot size specified elsewhere in this chapter, provided that:

The Planning Board may act on the site plan, subdivision plan and special use permit application concurrently.

Following plan approval, the developer shall provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final development plan approval. No certificate of occupancy (where the same is required) shall, however, be issued until such time as:

Complete final building plans shall also be submitted as part of the final plan application.

No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon, except in accord with the provisions of this chapter, unless and until final plan approval shall have been granted (unless the improvements shall have been guaranteed) and the plan has been recorded in the office of the Ulster County Clerk.

Multifamily dwellings shall be permitted at twice the density allowed for single-family dwellings in the applicable zoning district within which it is located. Multifamily dwellings shall be permitted at a density of one dwelling unit per 10,000 square feet of lot area, whichever is less dense.

Recreation fee. Prior to issuance of site plan approval for multifamily residential uses, the site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. Land for such recreational purposes may not be required until the Planning Board has made findings that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town, as set forth in § 274-a, Subdivision 6(b), of the NYS Town Law, or any successor provision thereto. In the event such a finding is made by the Planning Board but there is a further finding that suitable recreational lands cannot be properly located on the site plan, the Planning Board may require a sum of money be paid for a recreation fee in lieu of land in accordance with the prevailing fee schedule established by the Town Board.

Homeowners' association.

All areas of a multifamily development not conveyed to individual owners and not occupied by buildings and required or proposed improvements shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of development. Not less than 50% of the property shall be dedicated to permanent open space. Such open space shall be subject to the following regulations:

All multifamily developments shall be served by a community wastewater facility and water supply and their locations shall comply with NYS Department of Health standards.

The following design criteria shall apply:

Maintenance of multifamily developments shall be vested in an association or other legal entity organized prior to the offering of the first unit for occupancy; or a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or the owners or occupants of units themselves if the total number of owners or occupants within the development is not more than five. If the developer shall opt to manage the project or designate a manager, the preliminary application shall include financial statements, a description of previous management experience and other data sufficient for the Planning Board to ascertain the financial responsibility of the manager.

The association or manager, as the case may be, shall be responsible for maintenance, repair and replacement of the common areas of the development, including buildings and, if applicable, the furniture, fixtures and equipment within the units. The project instruments shall specify the expenses that the maintenance organization may incur and collect from purchasers as a maintenance fee and secure maintenance of the project and enforcement of applicable covenants and restrictions in perpetuity. The Planning Board may require that a certified public accountant review such financial data to determine proposed fees are, in fact, adequate to secure maintenance on a continuing basis.

The developer shall, in filing a preliminary development plan, provide a narrative description of how responsibility for maintenance of the dwellings and common areas will be assured and a pro forma operating budget for the maintenance organization including a breakdown of the common expense to be borne by the maintenance organization and a separation of long-term maintenance costs from ongoing routine maintenance costs. There shall also be provided a narrative description of how the developer proposes to assure maintenance of the units and common facilities during any sales program. The Planning Board may require additional temporary facilities to accommodate service demands. Copies of all applicable instruments shall be provided, for purposes of determining that long-term arrangements for maintenance of common facilities have, in fact, been made by the developer.

Any developer who proposes to construct multifamily dwellings and convey the common elements of said multifamily dwelling project, including recreation areas, to an association of purchasers of units therein shall submit a maintenance bond or other performance guarantee acceptable to the Town Board and Town Attorney ensuring long-term maintenance and repair of said common elements. Such maintenance bond or other guarantee shall:

If the development shall be subject to the New York State statutes governing the sale of real property used for multifamily occupancy, the developer shall certify as to his or her compliance with said statutes. To the extent the provisions of such statutes conflict with this subsection, such certification shall suffice as to conformance with these requirements.

A safety management plan shall be submitted which details how accidents and emergencies will be handled by the local service providers. The plan shall be reviewed by the applicable emergency service providers, whose comments shall be considered. The Town Board shall be responsible for reviewing and approving the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk.

If required, a mass-gathering permit shall be obtained for the proposed activities and shall be made a condition of the special use permit.

In reviewing the proposed use, the Town Board may impose restrictions on lighting, noise levels, hours of operation, duration of the event, and other operations to protect the health, safety and welfare of the community.

Use. Use of a resort site and any buildings or structures thereon shall be limited to the usual resort activities, as defined herein, and accessory uses incidental to the operation of a resort, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the resort and located on the same site therewith. The use shall comply with Chapter 71 of the Town of Wawarsing Code, in addition to other regulations and standards.

Accessory uses. All space dedicated to accessory uses, including dining rooms, swimming pools and indoor recreational areas, shall not occupy more than 40% of the total gross floor area of the resort building(s). Outdoor accessory recreational uses shall be excluded from this calculation. The following accessory uses are permitted, subject to approval by the Planning Board:

Recreational uses. No less than 10% of the total gross floor area of the resort buildings shall be dedicated to indoor recreational uses, and no less than 30% of the lot area shall be dedicated to outdoor recreation facilities.

Open space. No less than 25% of the lot area shall be held in open space, exclusive of any outdoor recreation facilities. The open space lands may include environmentally sensitive, ecological, and aesthetic characteristics.

Prohibited uses. Adult uses, as defined in the Code of the Town of Wawarsing, shall be prohibited in a resort.

Guest sleeping rooms.

Dimensional regulations.

Utilities. The resort shall be serviced by central water and sewer systems. All water, sewer and gas lines and all other lines providing power and communications service shall be installed underground.

Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.

Off-street parking.

Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

There shall be no outdoor public address or music system audible beyond the limits of the property.

Architecture. The exterior treatment, including colors, textures and materials, of all structures within a resort shall be muted and blend into the surrounding landscape to the satisfaction of the Planning Board. Any application for a resort shall be accompanied by renderings, elevations, and similar materials for the Planning Board to render its determinations.

Resort, low-intensity.

Purposes. This section is enacted to minimize impact of telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the Town of Wawarsing.

Restrictions on use. No telecommunications facilities, except those approved prior to the effective date of this chapter, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this chapter. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with this chapter.

Major wireless communication facilities. Major wireless communication facilities shall be permitted as special uses in RU, MU, NS, PCIM, RP and BH Districts. The following requirements shall apply:

Minor wireless communications facilities. The shared use of existing tall structures (e.g., multistory buildings, church steeples, farm silos, etc.) and placement upon existing approved towers shall be preferred to the construction of major wireless communications facilities, including new wireless communications towers and monopoles. Minor wireless communications facilities shall be a principal permitted use in all zoning districts within the Town of Wawarsing, subject to site plan review. The Planning Board shall, in such instances, be authorized to waive application requirements having no direct bearing on public health or safety and to modify applicable standards to accommodate such facilities.

General requirements.

The owner of the property shall submit a letter or affidavit granting permission to the logger or operator, by name, to cut trees and designating the areas in which they may be cut.

The Code Enforcement Officer shall receive approval, in writing, from the Town Highway Superintendent with recommendation as to such matters as specified entrance and exit from the public highway to the operations site, with signs posted on the highway noting "truck entrance."

The loading area and loading operation and storing of logs shall be located at least 30 feet from the traveled way of any highway.

Timber shall not be skidded across any highway nor shall log skidders cross the highway as part of the logging operation at any time.

The New York State Department of Environmental Conservation shall approve the crossing of any stream as part of any logging operation, where required by law.

All debris resulting from tree cutting along the highway and at the loading area within 50 feet of the highway shall be cleaned and removed by the applicant.

An off-street parking area for logging equipment and other vehicles shall be located on the logging site at least 30 feet from any adjacent highway.

Logging operations shall occur only within the bounds of the property leased or designated for tree cutting by the owner and shall not occur within 50 feet of any property line, except that the 50 feet buffer may be waived on interior lot lines where there are two or more contiguous lots under the same ownership. No logging operations shall occur within 20 feet of the bounds of any stream.

A logging operation plan shall be submitted. It shall include, but not be limited to, such information as type, size and location of trees to be cut, periods of operation, and intensity and extent of operations. No area shall be logged or clear-cut without the written approval of the Planning Board.

The adjacent public highway shall be cleaned each and every day, to the satisfaction of the Town Highway Superintendent, of mud and debris left on the highway as a result of the logging operations.

The Highway Superintendent shall inspect the logging operation on a frequent basis, and loggers shall be held responsible for any damage to pavement, shoulder, roads or drainage areas connected with adjacent highways being used for logging operations. The Town Highway Superintendent shall have the authority to issue a stop-work order in any case where the Superintendent believes that a Town roadway or bridge is in jeopardy from the logging operation.

Because of narrow roads and conflicts with school bus operations, loggers may be restricted from transporting logs during certain hours or periods of the day.

By applying for and obtaining a special permit for a logging operation, the logger agrees to indemnify, defend and hold harmless the Town, its officers, employees, agents, or any of them from and against any losses, damages, liabilities, expenses, costs (including attorneys' fees) claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, deficiencies and charges on account of physical damage to tangible property and personal injuries, including death, to the Town, its officers, employees or agents and other persons arising from any occurrence caused by negligent or willful acts or omissions of the logger, its employees, agents, contractor or representatives, with regard to the logger's logging operations and transportation of logs.

All loggers operating within the Town of Wawarsing adjacent to any Town road shall post financial security, for the purpose of assuring compliance with this chapter and the directions of the Superintendent of Highways, in such form and in such amounts as determined by resolution of the Town Board of the Town of Wawarsing for each logging operation or loading area location. Such security aforesaid shall be in the form of a cash bond, certified check, letter of credit or surety bond in such amounts as determined by the Town Board. An additional sum, to be determined by resolution of the Town Board, shall be deposited with the Town for each additional loading area. The loading area shall consist of not more than 100 linear feet adjacent to one side of a Town highway. The Superintendent of Highways shall make a written recommendation to the Town Board with respect to the security deposit required in this subsection. The Superintendent may consult with the Town Engineer with respect to said sums, and the logger shall be required to pay for said consultation.

For any logging operation, the logger shall provide the Town Clerk with a certificate of insurance and a policy from a New-York-State-admitted carrier, naming the Town as the coinsured or additional insured on a liability insurance policy providing coverage for not less than $1,000,000 for death or injury to persons and damage to property.

No logging operation shall take place in the Town of Wawarsing during those periods as the Town Board shall determine, upon recommendation of its Superintendent of Highways, based upon existing weather and road conditions.

The Town Superintendent of Highways shall, prior to the logger conducting logging operations, determine the carrying-load limit of logging trucks and the routes that they shall be permitted to take.

All timber harvesting practices shall comply with proper land/forest management practices and environmental protection as per New York State Department of Environmental Conservation (NYSDEC) timber harvesting guidelines to the greatest extent practicable.

The principal building within which the food processing occurs shall not exceed 20,000 square feet. The maximum building height shall be two stories or 35 feet.

Adequate parking facilities shall be provided for employees and visitors. Visitor spaces shall be located so as not to create conflicts between pedestrian movements and food processing activities.

All wastes shall be stored indoors or shall be screened and fenced in a location not visible to the public. No waste that emanates odors that are discernible at the property line shall be stored outdoors.

Outdoor storage of materials and products used in the food processing operation only is permitted and shall be screened from public view. No materials shall be stored at a height greater than 15 feet. A combination of fencing, supplemental plantings and/or landscaping shall be provided to screen storage areas from public viewing areas.

Parking facilities shall be located no closer than 50 feet to any property line.

Large-scale solar energy systems are permitted through the issuance of a special use permit within RU and PCIM Zoning Districts, subject to the requirements set forth in this section, including site plan approval. The requirements set forth in § 112-35A through E shall apply to the regulation of a large-scale solar energy system. Large-scale solar energy systems on farm soils of prime or statewide significance shall be avoided and total lot coverage on lands meeting these criteria shall not exceed 20% of the soils so designated on the lot.

The following shall apply:

Standards.

Miscellaneous.

Ground-mounted facilities and associated structures shall be screened such that visibility will be minimized from the road and from adjacent properties. The Planning Board shall require landscaping and screening, for purposes of separating incompatible activities and for shielding adjacent uses and adjacent properties from negative impacts. The screen shall consist of natural undisturbed wooded areas unless the Planning Board approves alternative screening, such as a buffer consisting of a solid fence of wood or other compatible material in compliance with the Town's fence height ordinance and/or a twenty-foot-wide dense evergreen planting not less than six feet high at the time planted. Where a natural buffer cannot be retained or does not exist, evergreen planting is the preferred buffer unless it can be demonstrated the fencing will provide a more effective buffer in particular circumstances.

Registration of large-scale solar energy system.

Inspection of facilities. The owner and any and all lessees, renters, and/or licensees of large-scale solar energy production facilities shall agree, in writing, to allow the Code Enforcement Officer access to inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification, and maintenance of such facilities, including, but not limited to, solar panels, support structures, and buildings or other structures constructed or located on the permitted site to verify accordance with any applicable technical, safety, fire, building, and zoning codes, laws, regulations, and other applicable requirements.

Notification of termination of use. The owner shall sign a letter of commitment, which shall commit the large-scale solar energy production facility owner and its successors and assigns to notify the Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances shall be deemed a violation punishable under applicable provisions of this chapter. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Sixty days after proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Wawarsing may commence legal proceedings and have the facility removed from the site in accordance with all applicable law.

Annual certification. Recertification by the facility owner of the following information shall be required for year two and three of each registration period and be due on the anniversary date of registration.

Decommissioning plan for solar energy systems.

Abandonment and removal of energy systems.

When an application for a subdivision incorporates a solar energy system as a subdivision energy source, the following standards shall apply:

Site plan requirements. A subdivision solar energy system shall comply with all the site plan requirements set forth in this chapter in addition to the subdivision requirements of Chapter 95. The subdivision solar energy system shall meet the requirements of § 112-35A through E, in addition to the following:

Findings. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in residential and commercial areas, including a 1996 study by the City of Newburgh, a 1994 study by the City of New York, and a 1980 study by the City of Islip, the Town Board hereby finds that adult uses have negative secondary impacts such as a deterioration of community character and quality of life, depreciation of property values, increase in crime rates, and the blighting or downgrading of surrounding neighborhoods and commercial uses.

Purpose. In the development and execution of this section, it is recognized that there are some adult uses which, because of their very nature, are recognized as having serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods or land uses, increase crime or police calls, contribute to the spread of prostitution and AIDS, increase the quantity of transients in residential and commercial areas, cause a deterioration in the quality of life in residential neighborhoods, increase the accessibility of adult-oriented material and entertainment to minors, and encourage residents and businesses to locate elsewhere.

Separation requirements applicable to adult uses. Adult uses shall be limited to existing industrial and rural districts. They shall be considered special uses subject to site plan review. Because adult uses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult uses, accentuate the negative impacts on the area. These distances shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult use to the nearest property line of the premises incorporating any of the above-listed uses.

Exterior display prohibited. No adult use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.

Signage. Adult-use signage shall be limited to one approved ground sign not to exceed a surface area of 36 square feet for both sides combined.

Nonconforming buildings. No nonconforming building or lot shall be used for an adult use.

Activities. 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 Wawarsing:

Loudspeakers. No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.