Purpose: The following standards pertaining to animal husbandry
have been developed in accordance with the Town's Comprehensive Plan.
The standards promote the ability of residents to peacefully enjoy
their land and maintain their quality of life as well as provide for
the appropriate keeping/raising of the animals. Animal husbandry is
permitted as a special use in the RR and RC zoning districts for large
and intermediate domestic animals. Parcels designated as an Agricultural
District 1 or District 4 are exempt from the special use permit requirement
but must comply with all applicable state or federal laws and permitting
requirements. Small domestic animals are permitted in all zoning districts.
A. Large domestic animals include but are not limited to: cattle, horses,
mules, donkeys, alpacas and llamas. Density shall be limited to one
large domestic animal on a minimum of three contiguous acres of vacant
land, one additional large domestic animal per each additional two
contiguous acres. Stables and other housing for animals shall be set
back a minimum of 100 feet from any lot line and a minimum of 200
feet from any residence or business located on adjacent parcels. A
fence that permanently keeps livestock out of buffers abutting streams,
wetlands, adjacent properties and other critical areas is required.
Fences containing livestock must be set back a minimum of 100 feet
from any lot line. All housing and fences must be constructed prior
to the introduction of livestock to the property.
B. Intermediate domestic animals include but are not limited to: sheep,
goats and hogs/pigs. Density shall be limited to three intermediate
domestic animals on a minimum of three contiguous acres of vacant
land, one additional intermediate domestic animal per each additional
contiguous acre. Housing for animals shall be set back a minimum of
100 feet from any lot line and 200 feet from any residence or business
located on adjacent parcels. A fence that permanently keeps livestock
out of buffers abutting streams, wetlands, adjacent properties and
other critical areas is required. Fences containing livestock must
be set back a minimum of 100 feet from any lot line. All housing and
fences must be constructed prior to the introduction of livestock
to the property.
C. Small domestic animals (excluding domestic dogs and cats) include
but are not limited to chickens (domestic hens), pheasants, pigeons,
ferrets, chinchillas and rabbits. Density shall be limited to six
small domestic animals on a minimum of 2.3 acres of land, two additional
small domestic animals per each additional contiguous half acre. Housing
for animals shall be set back 100 feet from any lot line and 200 feet
from any residence located on adjacent parcels. All small domestic
animals must be kept contained in a securely fenced-in area. Fencing
containing small animals must be set back a minimum of 100 feet from
any lot line and 200 feet from any residence or business on adjacent
parcels. On parcels of less than 2.3 acres, density shall be limited
to five small domestic animals. On parcels of less than 2.3 acres,
all small domestic animals must be housed at a minimum of 100 feet
from any residence or business located on adjacent parcels and must
be contained in a securely fenced in area which must be at a minimum
of 25 feet from any lot line. All birds must remain in the coop until
7:00 a.m.
D. Restrictions. There shall be no roosters, guinea fowl, peafowl, geese,
ducks, turkeys, or peacocks permitted on any residential parcel of
less than 20 acres. If kept on parcels of greater than 20 acres, the
fowl identified shall be limited to a total of eight in any combination,
shall be housed and kept in a bird-tight, fenced-in area and the perimeter
of that area shall be a minimum of 400 feet from any lot line.
E. Prohibited animals include but are not limited to ratites (ostrich,
emu, rhea, etc.) and any type of wild or exotic animal which is not
recognized as domesticated.
F. Health, safety, and nuisance. All animals 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, the animals themselves or other domestic animals.
G. Waste. Handling, storage, disposal or removal of all animal waste
shall be done to ensure minimum impact on the environment and to avoid
any impact on neighboring residences or businesses, whether from odor,
associated pests, or water runoff. Such animal waste shall be stored
at a distance in accord with any applicable laws but shall not be
less than 200 feet from any wells, residences or wetland or watercourse
buffer and must be screened from public view, roadways or neighboring
properties.
H. Domestic dogs and cats. Residential parcels shall be limited to three
adult dogs over the age of four months and five adult cats over the
age of four months.
The Planning Board may approve the use of a residential structure
for a bed-and-breakfast establishment in all districts, provided that
the following standards and provisions are maintained:
A. A bed-and-breakfast shall only be established in a single-family
detached dwelling.
B. The building proposed for occupancy as a bed-and-breakfast establishment
shall contain no more than five guest rooms for hire, for a total
of 10 overnight guests.
C. The owner or full-time manager of the bed-and-breakfast establishment
shall reside on the premises.
D. The dwelling shall not be altered in a manner which would cause the
premises to differ from its residential character.
E. Outbuildings detached from the principal dwelling shall not be used
for the purpose of a bed-and-breakfast establishment.
F. A minimum of one off-street parking space shall be provided for each
guest room, in addition to the two spaces required for a single-family
dwelling. No such parking space shall be located in the front yard
area.
G. The dwelling may display a sign not to exceed two feet by two feet
in size.
H. Each guest room in a bed-and-breakfast establishment shall maintain
a working smoke detector.
I. No food preparation is allowed within individual guest rooms.
It is the general purpose and intent of this section to authorize
and define the scope of the operation of home-based businesses and
to establish a permitting process for home-based businesses to enable
the Town of Forestburgh to monitor these businesses and to provide
for and protect the general health, safety and welfare of the residents
of the Town of Forestburgh.
A. Requirements.
(1) Home-based businesses shall be consistent with the neighborhood's
visual character.
(2) No pedestrian, truck or other vehicle traffic, or offensive color,
lights, odor, substance, noise, vibration, smoke, dust, heat or glare,
will be generated incidental to the use in an amount, to a degree,
or during hours that unreasonably or adversely impact the neighbors
or neighboring properties.
(3) No goods or products will be publicly displayed or offered for sale
outside of the dwelling unit or permitted accessory structure, and
the use will involve no exterior display, no exterior storage of materials,
and no other exterior indication of the home-based business or variation
from the residential character of the principal building, other than
a nonilluminated sign as may otherwise be permitted in this chapter.
(4) The business shall be conducted and carried on only by a person residing
in the dwelling unit, with assistance from no more than two nonresident
employees or assistants.
(5) Parking for all customers, clients, and others associated with the
use shall be on site (as opposed to on any other property, or on the
street).
(6) No more than one business vehicle used in connection with the home-based
business, of no more than 24,000 pounds gross vehicle weight, may
be parked regularly in a location visible from a public road or neighboring
properties.
(7) An area of no more than 25% of the habitable floor area of the dwelling
unit (whether the use is to take place in the dwelling unit or in
an accessory building) or 500 square feet, whichever is less, is used
for such business.
B. Permit. A permit issued by the Code Enforcement Officer is required
for any home- based business to operate. An application upon a form
available from the Town Clerk shall be completed and submitted to
the Town Clerk, and the fee shall be paid. The permit must be renewed
annually. Upon application or renewal, or upon the receipt of a written
and signed complaint, the Code Enforcement Officer may inspect the
premises to ensure compliance with the representations made upon the
application and requirements of this section for the operation of
a home-based business.
Hotel, motel and resort establishments, where permitted, shall
require a special use permit by the Planning Board and be subject
to the following standards:
A. A site to be used for a motel or hotel establishment shall include
an office and lobby and may include accessory uses such as restaurants,
coffee shops or cafeterias providing food and drink, amusement and
sports facilities such as a swimming pool, children's playgrounds,
health spas, tennis or other game sports, and game or recreational
rooms.
B. Each hotel unit shall have an area of at least 300 square feet. No
hotel building shall exceed the height of 30 feet.
C. The lot shall have not less than 200 feet of frontage on a Town,
county or state highway.
D. Points of ingress and egress shall be limited to a total of two on
any street.
E. Individual hotel, motel and resort rooms shall not contain kitchen
facilities of any nature and shall not be used as apartments for nontransient
tenants or other single-room-occupancy residential uses.
F. The exterior treatment, including colors, textures and materials,
of all structures within a hotel or motel development shall be muted
and blend into the surrounding landscape or adjacent land uses.
G. Lighting throughout the area shall not exceed 1.5 footcandles (average
reflective method) at ground level except in the case of recreational
facilities, which may be illuminated in excess of that standard, provided
that opaque screening is utilized to entirely block the reflected
glare of the area from adjacent uses.
The Town Board of the Town of Forestburgh has determined that
it is in the best interest of the residents of the Town of Forestburgh
to establish kennels as a special use in the Town and provide for
their administration. Kennels are special uses which require a special
use permit and are subject to site plan approval by the Planning Board.
A. On a parcel of 10 acres or more in the Residential Recreation or
Rural Conservation zoning districts, a special use permit may be granted
for a kennel, after a public hearing and site plan approval by the
Planning Board, provided that:
(1) Exercise pens, runs and open spaces for the use must be enclosed
with fencing of at least six feet in height. All other work spaces,
holding/lodging pens or other facilities shall be located within a
completely enclosed soundproof building, and such kennel shall be
operated in such a manner as to produce no objectionable noise, odors
or other nuisances beyond the boundaries of the site on which it is
located. Such facilities shall be maintained in a clean, sanitary
manner.
(2) No structure in which animals are kept shall be located within 500
feet of any property line.
(3) All structures shall comply with the relevant provisions of all applicable
building codes.
(4) Animals shall not be permitted outside a structure unless secured
on a leash and attended by the owner of the animal or an owner or
employee of the kennel.
(5) No breeding or pet dealing shall be permitted.
(6) The maximum aggregate number of dogs and cats shall be 20, and no
animals other than dogs and cats shall be permitted.
(7) All other requirements in Town Code Chapter
58 are satisfied. To the extent there is a conflict between this section and Chapter
58, the requirements of this section shall control.
B. To effectively buffer the activity from adjacent properties, a landscape
plan shall be prepared as a part of any special use application. A
performance guarantee may be required to assure that all landscaping
survives in a healthy condition one full year and any required fencing
is properly maintained.
C. The use must comply with the relevant sections of the New York State
Agriculture and Markets Law and the Federal Animal Welfare Act.
The Planning Board may approve special use permits for outdoor
recreational businesses provided the following standards and provisions
are maintained:
A. The use of motorized vehicles in conjunction with outdoor recreational
businesses is expressly prohibited, except that electric golf carts
may be used in conjunction with golf courses and a single motorized
vehicle may be used to gather golf balls at golf driving ranges.
B. Lighting shall be installed so as not to illuminate or cause light
glare on adjoining residential properties.
C. The broadcasting of music and/or the use of public address systems
shall be such that the sound produced is not audible at the property
line of any adjoining properties.
D. The Planning Board may establish the hours of operation of outdoor
recreational businesses to prevent the creation of nuisances or the
disruption of the public peace during late evening, night and early
morning hours.
E. The facility shall be laid out and constructed in such a way that
errant golf balls, baseballs, softballs, volleyballs and like objects
utilized shall not be hit, thrown, or deflected so as to leave the
parcel on which the recreational business is located.
F. Adequate fencing and/or shrubbery shall be installed to adequately buffer outdoor recreational uses from adjoining properties. The Planning Board may in its site plan review supersede the requirements in Chapter
93, Fences, of the Code of the Town of Forestburgh.
G. Suitable and adequate off-street parking shall be provided in accordance
with the requirements established by the Planning Board based upon
the site plan review.
It is the general purpose and intent of this section to establish
a permitting process for short-term residential rentals to enable
the Town of Forestburgh to monitor these rentals and to provide for
and protect the general health, safety and welfare of the residents
of the Town of Forestburgh. The requirements are as follows:
A. A short-term residential rental permit from the Code Enforcement
Officer is required (annual renewal). The annual permit year starts
on the date of approval of the application. The fee shall be set by
the Town Board in the Town's Fee Schedule.
B. Proof of registration with the Sullivan County Treasurer's Office
with respect to the collection of the occupancy tax.
C. Inspection by the Code Enforcement Officer for health and safety
required annually and before operation.
D. On-site parking only, no street parking permitted.
E. A 911 address sign is to be posted at the entrance of the driveway.
F. No advertising signs are permitted.
G. The homeowner or agent shall maintain records which shall at a minimum
include dates of short-term residential rental, names, contact information
and number of guests. Such records shall be made available upon request
by the Code Enforcement Officer.
H. A short-term residential rental may not adversely affect the residential
character of the neighborhood. A short-term residential rental may
not, for example, display an advertising sign, generate unreasonable
noise, vibration, glare, odors, garbage or other effects that unreasonably
interfere with a person's enjoyment of his/her residence.
I. Renters shall be made aware of all property boundaries by the homeowner
and no trespassing on neighboring properties is permitted.
J. Owners shall post the following information in a conspicuous place:
(1) Contact information including the name(s) of owner or property manager
name and telephone number;
(2) The 911 address of the short-term residential rental property;
(3) The location of fire safety equipment in the short-term residential
rental property;
(4) Instructions concerning the storage and/or disposal of trash, recyclables
and, if applicable, compost, including the garbage pickup schedule;
and
(5) Other important rules such as maximum occupancy, noise limits, and
guidance on the utilization of fire pits, fire places, wood stoves,
etc., including dates of burn bans.
K. Owner and guests shall comply with Chapter
110, Noise, of the Code of the Town of Forestburgh. Outdoor amplified music is prohibited.
L. After the permit is issued, owners must provide neighbors within
250 feet of each property line with a twenty-four-hour working phone
number of someone (owner, property manager, etc.) who can respond
within one hour to any problems and complaints.
M. Owners shall provide proof of a contract with a carting company for
regular trash pickup. All trash must be stored at all times in animal-proof
containers or locations.