Commercial recreation facilities shall be permitted as defined in this chapter but subject to § 310-4.9. However, survival games and paint ball activities shall be prohibited.
[Amended 4-14-2009 by L.L. No. 2-2009]
A.
Domestic animals will be allowed based on the size
of the parcel of land as follows: for the first animal unit (each
1,000 pounds of animal weight), a parcel of three acres is required,
an additional one acre of land is required for each animal unit up
to a limit of 10 animal units. In no case (excluding Class II Agricultural
Industrial Agricultural Operations) shall there be in excess of 20
individual animals, excluding poultry. Poultry shall not exceed 50
birds. Animal weights shall be calculated by the following chart:
[Amended 12-22-2014 by L.L. No. 8-2014]
|
Table 4
Animal Weights
| |||
|---|---|---|---|
|
Type of Animal
|
Pounds
| ||
|
Dairy cattle
| |||
|
Calves
|
150
| ||
|
Yearlings
|
500
| ||
|
Mature cows
|
1,400
| ||
|
Veal calves
|
300
| ||
|
Beef cattle
| |||
|
Calves
|
100
| ||
|
Yearlings
|
500
| ||
|
Mature cows
|
1,200
| ||
|
Swine
| |||
|
Feeders
|
150
| ||
|
Sow and litter
|
375
| ||
|
Boar
|
350
| ||
|
Sheep/goats
|
100
| ||
|
Horses
|
1,000
| ||
|
Poultry
| |||
|
Layers
|
2.5
| ||
|
Broilers
|
4.0
| ||
|
NOTE: In no case shall a building to house domestic
animals be closer to any property line than 150 feet. If adjacent
to an R-1 or HR-1 District, the required setbacks shall be doubled.
|
B.
Domestic farm animals are allowed only in the following
zones: REC-1, REC-2, AG-1.
C.
Any permitted domestic farm animals shall be kept
on the property in which they are allowed and shall be prohibited
from roaming onto adjacent or neighboring properties and roadways.
[Added 4-14-2009 by L.L. No. 2-2009]
For the purpose of this section, a "domestic
animal" shall be defined as a cat or dog.
A.
A total of not more than four dogs or cats or any
combination of both are permitted in any zone, excluding litters (for
a period not to exceed six months in age).
B.
Vacant properties without a permanent structure intended
for and occupied as a residence for human occupancy shall not be used
for the keeping of domestic animals for any purpose in any zone.
Dormitories, fraternity and sorority houses
are permitted only as accessory uses to schools, subject to the following
supplemental regulations:
A.
All applicable provisions of the Town of Fallsburg
and New York State Laws and Codes must be complied with prior to any
occupancy of a structure.
B.
A certificate of occupancy shall be required for each
dormitory, fraternity or sorority house; said certificate shall permit
occupancy only in accordance and with the applicable requirements
as stated herein and with the applicable requirements of the New York
State Uniform Fire Prevention and Building Code.
C.
No more than 20% of any contiguous lot shall be allocated
and devoted to dormitory, fraternity or sorority use, including the
required yards, setbacks and parking facilities for said dormitory
use.
D.
There shall be a minimum lot area of 2,800 square
feet provided per dormitory room or dwelling unit, exclusive of the
lot area allocated and devoted to the principal and other accessory
buildings on any site, including the required yards, buffers and parking
facilities for said buildings.
E.
The Planning Board, in its approval of the site plan,
may permit up to 1/3 of the parking requirement to be provided in
overflow parking areas to be graded and seeded and conveniently situated
on the approved site plan so that they would be accessible if needed.
F.
The minimum distance between dormitory and all other
detached buildings on the lot shall be 50 feet.
G.
The minimum distance of any dormitory from any interior
driveway shall be 25 feet.
H.
The minimum distance of any dormitory from any property
line of any lot shall be 100 feet.
I.
The maximum height of any dormitory shall be 2 1/2
stories or 35 feet.
J.
No dormitory room or dwelling unit shall be permitted
in any cellar.
This section shall apply to the subdivision
of land into two or more residential building lots, the development
of lots for multifamily residential uses or nonresidential uses requiring
site plan or special use permit approval. For purposes of calculating
development yield, the following areas shall be subtracted from the
gross acreage of a parcel to establish the minimum lot area:
A.
Delineated wetlands (applicable prior to development).
One hundred percent of that portion of a lot subject to the following
shall not be counted as part of any minimum lot area requirement:
freshwater wetlands regulated by the Army Corps of Engineers; streams;
and that portion of any freshwater wetland designated by the New York
State Department of Environmental Conservation. No construction shall
be permitted within the limits of the freshwater wetland or stream
without appropriate federal or state permits.
B.
Floodplains. Fifty percent of any land contained within
the one-hundred-year floodplain as designated on Federal Emergency
Management Agency maps shall not be counted as part of any minimum
lot area requirement. Any construction within the one-hundred-year
floodplain shall follow FEMA guidelines.
[Amended 5-11-2010 by L.L. No. 7-2010]
The following shall control the location, height
and design of fences or hedges:
A.
In any residential zone, no fence or hedge shall be
permitted in the front yard area which will restrict visibility and
be greater than four feet in height.
B.
No fence or hedge shall be constructed of any material
or in any manner which may be dangerous to persons or animals.
C.
The finished side of any fence shall face the adjoining
properties.
D.
In any nonresidential zone, fences or hedges shall
be permitted in the front, side and rear yards. A fence or hedge in
the front yard shall not exceed six feet and shall only be permitted
in order to screen goods and materials stored out-of-doors. A fence
or hedge in the side and rear yard of a business or industrial zone
may be six feet to eight feet in height.
E.
All fences or hedges, shrubs, trees, etc., must be
installed within the property lines of the lot.
F.
Corner lots.
(1)
A fence or hedge along the side street shall
be subject to the same restrictions as for a front fence or hedge
on a corner lot, and said restrictions will prevail within the setback
line of the street. No fence or hedge within the side or rear yard
shall exceed six feet in height.
(2)
No fence or hedge, wall or other structure shall
be permitted within a triangle formed by two sides measured 25 feet
from the point of intersection of the street right-of-way lines and
the connecting of the two points 25 feet in distance from the intersecting
point of the street right-of-way lines.
G.
No solid fence or hedge shall be constructed or maintained
in a manner which shall impede or otherwise obstruct access to the
rear of the dwelling for emergency equipment such as fire-fighting
equipment, etc.
H.
Fences or hedges shall be continually maintained and
no fence, hedge or screen plantings shall be permitted to become unsightly
or in a state of disrepair.
I.
Fences or hedges existing at the time of the passage
of this law that do not comply with these standards shall be deemed
a nonconforming appurtenance and shall be treated as are nonconforming
uses under this law. If replaced, they shall comply with the requirements
of this chapter.
J.
No material intended for temporary use shall be erected
as a permanent fence.
K.
A waiver may be granted where additional height is
required for religious purposes.
In any legally existing dwelling unit or accessory
structure, a home occupation may be conducted, provided that it is
in compliance with the New York State Uniform Fire Prevention and
Building Code and the following Town performance standards.
A.
Space/floor area devoted to home occupation. A home
occupation shall be conducted only within the dwelling unit or an
accessory building. It shall not occupy more than 25% of floor area
of the dwelling unit. A home occupation within a detached accessory
building on the premises shall not occupy more than 500 square feet
of floor space.
B.
Appearance. In no way shall the appearance of the
residential structure or the premises be altered by a home occupation,
nor shall the home occupation be conducted such that the structure
or premises differs from its residential character by the use of colors,
materials, premises layout, construction or lighting.
C.
Home occupations involving classes or instruction.
If the home occupation is the type in which classes or instruction
is given, there shall be no more than five students or pupils in the
dwelling unit or on the premises at any one time.
D.
Number of employees. Home occupations shall not employ
more than one nonresident of the household on premises on a regular
basis.
E.
Outdoor display and storage. There shall be no outside
operations, storage or display of products, materials, goods, supplies
or equipment associated with the home occupation.
F.
Off-street parking. The home occupation shall not
require more than two on-street parking spaces, for clients or customers,
in addition to the off-street parking spaces available to the residence.
The two on-street spaces shall be limited to parking within the street
frontage of the residence.
G.
Home deliveries. Deliveries shall not exceed those
normally and reasonably occurring from a residence and shall not include
more than an average of four deliveries of products or materials per
day.
H.
Signs. There shall be no signs related to the home
occupation present on the property, except one sign, not over four
square feet in area, indicating only the address and occupant's name
and occupation.
I.
Adverse impacts.
(1)
A home occupation shall not be permitted to
produce any offensive noise, lighting, vibration, smoke, electrical
interference, dust, odors or heat. Any noise, vibration, electrical
interference, dust, odors or heat detectable beyond the property lines
shall constitute a violation of the terms of this provision.
(2)
Home occupations which will constitute a fire
hazard to neighboring residences, will adversely affect neighboring
property values or will constitute a nuisance or otherwise be detrimental
to the neighbors because of excessive traffic, excessive noise, odors
or other circumstances shall not be approved.
J.
Hours of operation. In no case shall a home occupation
be open to the public at times earlier than 8:00 a.m. nor later than
9:00 p.m.
K.
Garage sales and yard sales. Home occupations do not
include garage sales and yard sales.
L.
Home occupations shall be subject permitted subject to site plan
review by the Planning Board.
[Added 6-25-2012 by L.L. No. 4-2012]
M.
Exemption
for farm stands. Planning Board approvals shall not be required for
vegetable farm stands within the Town of Fallsburg on properties located
within the AG districts or farms recognized by the state or county
or any governmental agency having jurisdiction on farms. Farm stand
signs shall not exceed four square feet and shall be limited to not
more than two signs.
[Added 6-25-2012 by L.L. No. 4-2012]
Hunting and fishing cabins shall be placed no
less than 400 feet from the edge of the road pavement. They shall
have a floor area between 400 square feet and 600 square feet and
may not be occupied for more than 30 consecutive days. No cabin shall
be located within 100 feet of a lake or stream.
Institutional uses other than specific institutional
uses otherwise identified in this chapter may be permitted by special
permit of the Planning Board. The Planning Board recognizes the broad
range of community benefits and enrichment contributed by uses of
this class. Due to the wide range of possible uses and their potential
for disruption of community services and incompatible conditions within
established residential neighborhoods, the Planning Board has the
authority to grant such special permits for construction or conversion
of existing uses to institutional uses or to deny such application
if it deems necessary.
A.
In addition to the evaluation of such proposed uses pursuant to Article VI, the Planning Board may require in any application for a special permit hereunder that a complete written description of the proposed use be submitted with the initial application. The narrative should include occupancy of the land or buildings, ownership and the relationship of the applicant to the owner.[1]
B.
The Planning Board shall require that the applicant
submit a prospectus as to the operation of such facilities setting
forth fully the extent of public services required in support of such
use, including but not limited to municipal water, sewage disposal,
maintenance of access from the nearest state or county highway, educational
services, including any capital construction, recreation requirements,
fire protection (including evidence of insurability), police services
(ground security, etc.) evidence of liability insurance and rating,
and municipal administration. If it shall appear that, by virtue of
any lawful tax exemption entitlement, the proposed use will create
undue fiscal demands upon the Town, the Planning Board may require
alternative arrangements for provision of such services at the applicant's
expense, or payment of reasonable fees in lieu thereof.
C.
In the case of institutional uses which provide accommodations
for participants thereof for periods in excess of 24 hours, the Planning
Board shall require that records of such participants be maintained
in the same manner as set forth in the New York State Rules for Innkeepers.
D.
Where institutions are not open to the general public
without regard to race, religion, nor national origin, or as private
institutions do not comply with the Civil Rights Act of 1964, as amended,
the Planning Board may deny such permit without further requirements
for findings hereunder.
E.
In granting such special permit, the Planning Board
shall limit the intensity of use of any such structures or buildings
to the extent such structures or buildings were used for conventional
uses permitted in the district where located. Such limitation shall
include in detail the scope of operations submitted by the applicant
as may be modified by the Planning Board in the interest of the public
health and safety. All accessory uses to institutional uses shall
comply with the provisions of this chapter for area, setbacks, access
and applicable supplementary regulations.
All requirements of § 310-5.20 must
be complied with. Any existing nonconforming junkyard or dump must
comply with the Town's screening and landscaping requirements within
one year of the enactment of this chapter.
Any land area not developed shall be preserved in natural landscape. The removal of vegetation and/or trees shall be regulated by § 310-11.2. The following varieties of trees are prohibited in meeting the requirements of this section: poplars, willows, seed-bearing locusts, box elders, and any species which does not normally grow to a height of 15 feet.
A.
Landscape area percentage. An area not less than 15%
of the total lot area to be developed shall be landscaped. No area
shall be maintained with bare soil. All ground surfaces not used for
buildings, sidewalks, roadways, or other impermeable surfaces shall
be covered with live grass, turf, shrubbery, trees, ground cover,
flowering plants or appropriate mulching and only those areas with
live plant materials shall be included in the calculation for determining
compliance with the percentage of lot coverage.
B.
Front yard landscape setback. There shall be a landscape
setback area having a minimum width of 20 feet adjacent to all public
rights-of-way. Loading areas, outside storage and outside display
areas shall not encroach into the landscape setback. No parking or
maneuvering areas are permitted within the landscape setback with
the exception of ingress and egress drives. The landscape setback
shall contain grass, ground covers, shrubs, trees, or any combination
thereof, as provided herein. The landscape setback shall contain,
at a minimum:
(1)
One tree with a diameter at breast height of
2 1/2 inches shall be planted per 50 feet, or fraction thereof,
of street frontage within the landscape setback.
C.
Side and year yard landscape setback. A landscape
buffer of at least 20 feet shall be required for the side yards and
the rear yard. Where existing trees are retained within this buffer,
no additional plantings shall be required. If no trees exist within
the side or rear yards, one tree with a diameter at breast height
of 2 1/2 inches shall be planted per 50 feet along the property
line in side/rear yards.
D.
Residential buffer. In addition to the requirements
noted above, when a nonresidential land use, multifamily development
or manufactured home park abuts an existing residence or a vacant
parcel where residential development could occur, a six-foot high
wood opaque fence shall be required along the side and rear yards
to screen adjacent residential uses. The fence shall be installed
so that the finished side of the fence faces the adjoining residential
property. If the adjacent residential lot is vacant, the Planning
Board may waive this requirement until such time that a residence
is constructed on the adjoining parcel, at which point the required
residential buffer fence shall be installed by the nonresidential
land use, multifamily development or manufactured home park developer.
E.
Time of completion. All landscaping required by this
chapter shall be installed prior to occupancy or commencement of use.
Where this compliance is not possible because of time of year, the
Planning Board may grant an appropriate delay provided a security
bond is posted.
Site lighting should be sufficient to facilitate
the safe and convenient circulation of motorists and pedestrians,
but not too bright so as to produce excessive light and glare. Given
the rural nature of the Town, coupled with the close proximity of
residences in the vicinity of the Town's commercial and industrial
areas, lighting shall be designed, directed and shielded in such a
manner that direct light does not leave the perimeter of the site.
All outdoor lighting, including the fixture, pole, and other supporting
elements, shall be designed to complement the overall design of the
site and prevent excessive glare. To minimize excessive lighting,
entry points and pedestrian crosswalks can be lit with accent lighting
that helps to define these areas. Such lighting shall be provided
utilizing architectural grade equipment and shall not exceed 0.9 footcandle
measured at ground level. Lower-level lighting can then be used in
other areas of the site where less lighting is required. Shorter lighting
poles can also be used to light pedestrian walkways and/or the use
of light posts also referred to as bollards. The following additional
standards shall be required:
A.
Spillover of light. All lighting shall be designed
so as to avoid unnecessary or unsafe spillover of light and glare
onto operators of motor vehicles, pedestrians and land uses in proximity
to the light source.
C.
Lighting on building. Light that is mounted on the
building shall also be downlit and integrated as an architectural
component of the building.
D.
Height of light poles. Light pole heights shall not
exceed building heights and none shall exceed 25 feet in height.
E.
Type of bulb. Low-pressure or high-pressure sodium
lights, metal halide, fluorescent and compact fluorescent lights are
encouraged. All lighting over 2,000 lumens in strength shall meet
the full cutoff standard of the Illuminating Engineering Society of
North America (IESNA).
F.
Cutoff lens. All pole-mounted lighting [as shown below]
shall have a full cutoff lens that does not allow light to shine above
a 90° angle measured from the vertical line from the center of
the lamp.
G.
Type of fixture. Examples of appropriate lighting
fixtures are illustrated below.
 |
In order to preserve neighborhood character
and avoid excessive dissimilarity in existing residential single-family
areas, the following standards shall apply:
A.
Foundation. All manufactured homes shall be constructed
on a monolithic slab, full foundation or crawl space. If constructed
on a full foundation, it must be engineered for the structural integrity
of the steel girders.
B.
Skirting specifications.
(1)
Masonry block with mortared joints.
(2)
Pressure treated plywood, pressure-treated studs
with stucco surface.
(3)
Steel studs with pressure-treated plywood with
a stucco surface.
(4)
Stone or brick imitation Styrofoam panel system
(with plywood backing).
(5)
An architectural designed skirting approved
by the Code Enforcement Officer.
D.
Manufactured home dimensions.
[Amended 4-14-2009 by L.L. No. 2-2009]
(1)
REC-2 Districts: minimum width of 14 feet.
E.
Age of manufactured home. No manufactured home older
than 12 years shall be placed in the Town of Fallsburg.
F.
Roof. Roofing material shall be shingled or standing
seam metal roofing.
G.
Utilities. Upon application for a building permit
for the installation or hookup to utilities of a manufactured home
on an individual lot, the Code Enforcement Officer shall review the
proposal with respect to the standards contained in this section,
to determine whether the manufactured home conforms to the requirements
of this chapter. If the Code Enforcement Officer (CEO) shall find
that the proposal does not meet the zoning requirements set forth
herein, the CEO shall not issue a permit.
Manufactured home developments may be permitted
at a maximum density of two units per acre by the Planning Board,
provided the site is served by central water and sewer and subject
to the following specific requirements.
A.
Permit. In granting any permit hereunder, the Planning
Board shall insure that any manufactured home development is adequately
buffered or designed into the existing character of the neighborhood.
A minimum fifty-foot front, side, and rear yard requirement shall
be provided along the boundary of all manufactured home developments.
Where no development currently exists adjacent to the proposed manufactured
home development, the design of such manufactured home development
will be consistent with the potential uses of adjacent property in
accordance with the zoning.
B.
Code requirements. Manufactured home units shall meet
the requirements of the New York State Uniform Fire Prevention and
Building Code and U.S. Department of Housing and Urban Development
Standards.
C.
Manufactured home stands. The manufactured home shall
be affixed to a permanent foundation or placed on a concrete slab
with anchored tie-downs. Each manufactured home stand shall have attachments
for waste disposal and water supply and the waste disposal and water
supply facilities shall be properly connected to the public sewer
and water system (or other equivalent method of sewage disposal and
water supply properly installed and approved by the proper health
authority).
D.
Skirting. Each manufactured home shall be skirted
around the bottom portion with approved metal, wood or other durable
material and properly ventilated, within 60 days from the date of
placement of the unit. Allowable materials for skirting include: masonry
block with mortared joints, pressure-treated plywood, pressure-treated
studs with stucco surface, steel studs with pressure-treated plywood
with stucco surface, stone imitation Styrofoam panel system (with
plywood backing), or an architectural designed skirting approved by
the Code Enforcement Officer. Prohibited materials include: aspenite
or SPF lumber.
E.
Patio and decks. Patio pads or decks shall be located
so as to provide safe and easy access to and from the manufactured
home.
F.
Enclosures. Awnings, patios, decks, and enclosures
may be provided of any size, provided that they are not placed closer
than eight feet to an adjacent manufactured home site and not closer
than 25 feet from an adjacent manufactured home.
G.
Accessory structures. No nonintegral structural addition
or other accessory building or structure in excess of 10 feet by 10
feet, or a total of 100 square feet, shall be permitted on any manufactured
home lot.
H.
Fuel supply and storage.
(1)
Liquefied petroleum gas storage containers having
a capacity exceeding 125 gallons shall be set back at least 25 feet
from the nearest manufactured home, structure, building or lot line.
(3)
All fuel oil tanks and liquefied petroleum gas
tanks shall be located not less than five feet from any exit.
(4)
See also § 310-5.25.
I.
Electric service. Every manufactured home development
shall contain an electrical wiring system consisting of wiring fixtures,
equipment and appurtenances which shall be installed and maintained
in accordance with local electrical power companies' specifications
and regulations. All wiring fixtures must have the approval of an
electrical inspection agent designated by the Town Board. Each manufactured
home stand shall be supplied with not less than 100 amp service installed
underground. Adequate lights shall be provided to illuminate streets,
driveways, and walkways, for the safe movements of vehicles and pedestrians
at night. A minimum lighting level of 0.3 footcandle shall be provided.
All electrical distribution lines shall be placed underground.
J.
Telephone and cable. When telephone and television
cable service is provided to manufactured home spaces, the distribution
system shall be placed underground.
K.
Service buildings.
(1)
Service buildings, if provided, including housing
sanitation facilities, shall be permanent structures complying with
all applicable regulations concerning buildings, electrical installations
and plumbing and sanitation systems.
(2)
The service building shall be well lighted at
all times of the day and night, shall be well-ventilated with screened
openings, shall be constructed of moistureproof material, which may
be painted woodwork, as shall permit repeated cleaning and washing,
shall be maintained at a temperature of at least 65° F. during
the period from October 1st to May 1st. The floors of service buildings
shall be of water-impervious material.
(3)
All service buildings and the grounds of the
development shall be maintained in a clean, sightly condition and
kept free of any condition that will menace the health of any occupant
or the public or constitute a nuisance.
L.
Roads. All roads shall be constructed to meet Town
specifications for private roads.
M.
Landscaping. The Planning Board may require measures
including landscaping or accessory improvements to prevent a monolithic
appearance to the development. In general, every means to assist in
blending such developments into the general form and character of
the community shall be incorporated in the design of such development,
to enhance the permanency and stability of the neighborhood being
developed. The Planning Board may require any extraordinary measures
including covenants and surety to guarantee the provisions of this
section are fully adhered to in the continuing operation of such developments.
N.
Lighting. Site lighting should be sufficient to facilitate
the safe and convenient circulation of motorists and pedestrians and
conform to § 310-5.11 of this chapter.
The following standards shall apply to multiple-residence
developments constructed after the effective date of this chapter.
Existing legal multiple-residence developments shall not be considered
nonconforming by virtue of the following supplementary regulations,
provided they are located in districts where such uses are permitted:
A.
Public sewer required. All multiple-residence developments
shall be serviced by approved public sewer and water.
B.
Ingress and egress. Access and egress from the proposed
development shall be to a street determined by the Planning Board
to be adequate for the level of traffic anticipated from the development.
Such entrances and exits shall be at least 100 feet from any intersection
and shall have at least 400 feet of sight distance in both directions.
C.
Separation from watercourse. No building shall be
located within 100 feet of any pond, reservoir, lake or watercourse.
D.
Density bonus for senior dwellings. The Planning Board
may allow an additional 10% of units above that allowed by the district
if these additional units shall be designed for, and the occupancy
of which is restricted to, persons 60 years of age or older. Such
units shall consist of no more than one bedroom.
E.
Landscaping and buffering. Multiple-residence uses
shall be buffered from surrounding conventional residence areas by
landscaping or fencing areas occupying the required yards.
F.
Design. Multiple-residence structure design features:
(1)
No multiple-residence building shall be longer
than 160 feet.
(2)
No horizontal roof line of any structure will
exceed 80 feet without a break of at least 5% of the building width.
(3)
Facades shall incorporate wall plane projections
or recesses. The uninterrupted length of any facade shall not exceed
50 horizontal feet. Recesses or projections shall be used to break
up the mass of the horizontal facade and shall be at least five feet
and extend at least 20% of the length of the facade to create distinct
wall modules.
(4)
Shall require a minimum separation distance of 31 feet of green
space between buildings. The only items permitted within this separation
distance are walkways, and landings or decks of less than five feet
in width. No porch or similar structure shall protrude or be installed
into this required separation. If fire flow calculations can be met,
then the required separation distance between buildings may be reduced
to a minimum of 25 feet.
[Amended 12-22-2014 by L.L. No. 8-2014]
(6)
Adequate outdoor child play space shall be provided
as required by the Planning Board.
(7)
Construction materials, in addition to conformance
to the New York State Uniform Fire Prevention and Building Code, shall
be of a color and texture characteristic of the adjacent residential
development.
(8)
Lighting shall be provided in accordance with
§ 310-5.11.
(9)
Walks shall be provided throughout the development
area that will insure that drives shall not be required for pedestrian
circulation.
A.
Excessive noise shall be muffled so as not to be objectionable
due to intermittence, beat frequency, shrillness or volume, and no
internal combustion engine shall be run without a working muffler.
[Amended 12-22-2014 by L.L. No. 8-2014]
B.
The maximum permissible sound pressure level of any
continuous, regular or frequent source of sound produced by any activity
regulated by these regulations shall be established by the time period
and proximity to residential land uses as shown in Table 5 below.
Sound pressure levels shall be measured at all major lot lines, at
a height of at least four feet above the ground surface.
(1)
The levels specified may be exceeded by 10 decibels
for a single period, no longer than 15 minutes, in any one day.
(2)
Both dB(A) and dB(C) scales shall be used, and
a violation of either standard shall be deemed to constitute a violation
of these regulations.
|
Table 5
Sound Pressure Levels
| |||||
|---|---|---|---|---|---|
|
Sound Pressure Limits
(decibels)
| |||||
|
7:00 a.m. – 10:00 p.m.
|
10:00 p.m. – 7:00 a.m.
| ||||
|
Type of Use and Proximity to Residential
Development
|
dB(A)
|
dB(C)
|
dB(A)
|
dB(C)
| |
|
Commercial industrial uses
|
60
|
72
|
50
|
62
| |
|
Within 500 feet residences
|
55
|
67
|
45
|
67
| |
C.
Noise shall be measured with a sound level meter meeting
the standards of the American National Standards Institute (ANSI S1.401961),
American Standard Specification for General Purpose Sound Level Meters.
The instrument shall be set to the appropriate weight response scales
and the meter to the slow response. Measurements shall be conducted
in accordance with ANSI S1.2-1962, American Standard Method for the
Physical Measurement of Sound.
D.
No person shall engage in, cause, or permit to be
engaged in very loud construction activities on a site abutting any
residential use between the hours of 9:00 p.m. one day and 7:00 a.m.
of the following day. Construction activities shall be subject to
the maximum permissible sound level specified for business use for
the periods within which construction is to be completed pursuant
to any applicable building permit. The following uses and activities
shall be exempt from the sound pressure level regulations:
[Amended 5-11-2010 by L.L. No. 7-2010]
(1)
Noises created by construction and maintenance
activities between 7:00 a.m. and 9:00 p.m. (Monday through Friday)
and 8:00 a.m. and 5:00 p.m. (Saturday, Sunday and holidays).
(2)
The noises of safety signals, warning devices
and emergency pressure relief valves and any other emergency activity.
(3)
Traffic noise on existing public roads, railways
or airports.
E.
Activities of a temporary nature unable to meet these
requirements, upon approval following development review by the Planning
Board.
F.
Exemptions. The maximum permissible sound levels of
this section shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency
or building, equipment, or facility security alarms.
(2)
Repair or construction work to provide electricity,
water or other public utilities between the hours of 7:00 a.m. and
9:00 p.m., except for emergency repairs which shall not be restricted
by time.
(3)
Construction operations (including occasional
blasting in construction) and repairs of public facilities between
the hours of 7:00 a.m. and 9:00 p.m., except for emergency repairs
which shall not be restricted by time.
(4)
Agricultural activities, but not exempting kennels.
(5)
Motor vehicles when used on public streets in
accord with state regulations.
(6)
Aircraft.
(7)
Public celebrations, specifically authorized
by the Town, the county, state or federal government body or agency.
(8)
Unamplified human voices.
(9)
Routine ringing of bells or chimes by a place
of worship or municipal clock.
[Amended 4-14-2009 by L.L. No. 2-2009; 3-10-2010 by L.L. No. 1-2010; 5-11-2010 by L.L. No. 7-2010; 5-11-2010 by L.L. No.
8-2010]
A.
Title; authority. This section shall be known as the Town of Fallsburg "Outdoor Wood-burning Boiler Law." It is adopted pursuant to the authority of Article 2, Subsection 10 of the New York State Municipal Home Rule and the powers granted to the Town by virtue of Article IX, Subsection 2(C)(5) of the New York State Constitution.
B.
Legislative intent. Outdoor wood-burning boilers (OWB) may provide
an economical alternative to conventional heating systems. However,
the New York State Attorney General's Office and the New York
State Department of Environmental Conservation found that OWBs are
among the dirtiest and least economical modes of heating. OWBs produce
offensive odors and fine particulate matter pollution with negative
short-term and long-term health consequences. Outdoor wood-burning
boilers (OWB) also deprive neighboring residents of the enjoyment
of their property and/or use of their premises. Since neither federal
nor New York State laws adequately regulate outdoor wood-burning boilers,
this Town of Fallsburg section is intended to impose reasonable limits
and performance standards on OWBs so that OWBs do not endanger the
health, safety, comfort, and general welfare of the residents and
inhabitants of the Town of Fallsburg.
C.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- EPA-APPROVED
- An outdoor wood-burning boiler device that has been tested and demonstrated to meet current United States Environmental Agency (EPA) emission standards for such device, and has received certification of approval from the EPA.
- OWB
- Commonly known as an outdoor wood-burning boiler. A self-contained unit designed to provide heating to a building or structure, which unit is located outside of that building or structure.
- SMOKESTACK
- What is commonly known as a chimney.
D.
The permitted use of all OWBs located within the Town of Fallsburg
shall not violate § 130-5.20 or § 130-5.19A(4)
of the Zoning Code. An order to remedy and cease usage may be issued
by the Code Enforcement Office for OWBs determined to be in violation
of § 130-5.20 or § 130-5.19, and, until such order
is complied with, the use of the OWB shall be prohibited.
(1)
OWBs shall be prohibited in the following zones. R-1, HR-1;
PUD, PRD, B-1 and MX zones.
(2)
The use and installation of such furnaces shall follow all operating
and installation instructions supplied by the manufacturer.
(3)
In areas where OWBs are permitted, a property must be a minimum
of two acres.
(4)
A permitted OWB shall not be placed within 70 feet from any
rear or side lots lines of an adjoining property, and shall not be
permitted in any area of a front yard.
(5)
No OWB shall be placed within 25 feet of any dwelling or attached
porch/deck situated on a property.
(6)
The only fuels allowed shall be those listed fuels recommended
by the manufacturer. The following are prohibited: trash, plastics,
gasoline, rubber, household garbage, material treated with petroleum
products, particle board, railroad ties, pressure-treated woods, leaves,
paper products, and cardboard.
(7)
Users shall follow the manufacturer's written loading instructions
for recommended loading times and fuel amounts.
(8)
The owners of an outdoor wood-burning boiler must provide continuous, sufficient and substantial cover for permitted fuel to ensure that the exposure to moisture does not jeopardize the integrity of the fuel, as per Subsection H.
(9)
Smokestacks in existence prior to enactment of this law shall
not be less than 12 feet high measured from the base of the OWB to
the top of the spark arrestor.
(10)
Lawfully permitted OWBs that are intended for use after April
15 to October 15 shall be required to receive a special permit from
the Zoning Board of Appeals for continued operation and only for the
purpose of heating domestic hot water or swimming pools, provided
the emissions do not generate complaints of affecting air quality
or any normal property usage of neighboring properties of any manner
that may be detrimental to humans, domestic animals, livestock or
protected wildlife.
(11)
OWB boilers must be EPA-approved.
(12)
No more than one OWB shall be permitted on any lot regardless
of the amount of dwellings situated on the lot.
E.
Permit required. No person, firm or corporation shall cause, allow,
install or maintain the use of an outdoor wood-burning boiler (OWB)
within the Town of Fallsburg without first having obtained a permit
from the Town of Fallsburg Code Enforcement Office. Existing OWBs
prior to the enactment of this law shall also be required to obtain
a building permit.
F.
Permit fee. The permit fee shall be determined by the Fallsburg Town
Board.
G.
Existing outdoor furnaces:
(1)
Any OWB in existence on the effective date of this section shall
be permitted to remain, provided that the owner applies for and receives
a permit and installs a smokestack that shall not be less than 12
feet high measured from the base of the OWB within three months of
official notification from the Town of Fallsburg Building Department.
The fee for existing OWBs shall be waived.
(2)
Pre-existing OWBs situated in all prohibited zones shall be
eliminated from use within three years from the date of enactment
of this section.
H.
Storage requirements for permitted fuels for all wood-burning devices
(including existing and newly installed woodstoves and fireplaces
in all zones).
(1)
A tarp (brown or dark green in color only) may be used in lieu
of a structure to protect permitted fuels. Colored tarps of any other
color shall be prohibited.
(2)
Bulk wood log deliveries delivered within 75 feet of edge of
road of any quantity shall be cut into manufacturer-specified, neatly
stacked lengths or neatly stacked bulk lengths and appropriately covered
within 30 days of delivery date and/or notice of violation by the
Code Enforcement Officer.
I.
Penalties for offenses.
(1)
Any person, firm or corporation violating any provision of this
section shall be fined not less than $100 but no more than $1,500
for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues to
exist.
(2)
Any violations of this section is hereby deemed to be a nuisance
and in addition to any other relief provided herein, the Town may
apply to a court of competent jurisdiction for an injunction to prohibit
the continuance of any violation of this section.
Outside storage must be on the premises of the
business or in close proximity to the premises. Outside storage must
be obscured from view by opaque fencing, screening, or landscaping.
The height of the stored material may not exceed the height of the
screening. The plans or drawings for any proposed screening must be
submitted to the Planning Board. Unsafe storage of waste or hazardous
material that creates a pollution threat or a fire hazard is not permitted.
Storage is limited to the rear of the principal building (see also
§ 310-5.28).
No outdoor cafe shall be allowed to operate
in any outdoor area unless a permit has been obtained from the Planning
Board. Any request to operate an outdoor cafe must be made in writing
to the Planning Board on an application provided by the CEO.
A.
Application. The application must obtain the following
information:
(1)
The name, address, and telephone number of the
applicant and property owner.
(2)
The name, address, and telephone number of the
establishment for which it is sought.
(3)
The days and hours for which the permit is sought.
(4)
The number of tables and chairs desired for
the area and a rendering of the positions of the tables relative to
entrances, exits, and the sidewalk.
(5)
A site plan and building plan drawn to scale
showing proper clearance around ingress and egress to buildings and
fire safeguards.
(6)
An indication of all fixtures such as decking,
planters to be used and a schedule of removal when the cafe is not
in operation.
(7)
A survey map indicating property lines and clear
indication that the fixtures will not cross neighboring property lines
or a public street line.
(8)
Any other information the Planning Board may
find reasonably necessary for the fair determination as to whether
the permit should be issued.
B.
Process. Upon receipt of the application, the Code
Enforcement Officer shall send a copy of the application to the Chief
of Police for comment and recommendation within 10 days. Notice of
permit issuance, with any conditions or restrictions attached, will
be distributed to the applicant, the Code Enforcement Officer and
the Chief of Police. The permit holder shall conspicuously post the
permit on the establishment so that it is visible from the street
and shall keep the same posted for the duration of the permit.
C.
Permit compliance. The permit holder shall abide by
all applicable federal, state and local rules, regulations and local
laws, included in this chapter. The permit may be conditioned upon
modifications or restrictions intended to ensure compliance with the
applicable provisions of the Town Code and the general protection
of the health, safety and welfare of the public.
E.
Maintenance. Property shall be kept clean and refuse-free.
The Code Enforcement Officer shall be authorized to require an appropriate
number of garbage cans or other refuse containers deemed necessary
based upon the number of seats proposed for the outdoor cafe.
F.
Hours of operation. Outdoor cafes located in a mixed-use
district shall be allowed to operate no earlier than 7:00 a.m. and
shall close by 11:00 p.m.
G.
Noise. Outdoor cafes shall not use music or noise-amplification
devices under any circumstances.
H.
Lighting. Lighting of outdoor cafes shall be minimal
and shall be installed so that the direct or indirect illumination
from the source light shall not cause illumination on abutting properties.
I.
Insurance. Business owners shall be required to carry
an insurance policy for outdoor cafes and also indemnify the Town
of Fallsburg.
J.
Revocation of permit. Failure to comply with the outdoor
cafe permit shall be grounds for the immediate revocation of the outdoor
cafe permit.
K.
Expiration of permit. All outdoor cafe permits shall
expire on December 31 of each year.
L.
Appeals. Appeals from the issuance, denial, revocation
or other condition of a permit may be taken to the Zoning Board of
Appeals by any aggrieved person within 30 days from the date of the
issuance, denial, revocation or other condition by filing written
notice with the Board of Appeals on forms provided by the Code Enforcement
Office.
Every use subject to performance standards shall
conform to the restrictions set forth in this section.
A.
Measurement at the point of emission. The existence
of the following dangerous and objectionable elements shall be determined
at the location of the use creating same or at any point beyond, and
these shall be limited as follows:
(1)
Explosives. Activities involving the wholesale
storage or manufacture of materials or products which decompose by
detonation are prohibited, except for those under the jurisdiction
of the appropriate licensing agency. The list of materials or products
which decompose by detonation, when in sufficient concentrations includes,
but is not limited to, the following:
|
Table 6
Explosive Materials
| ||
|---|---|---|
|
a.
|
Acetylides
| |
|
b.
|
Azides
| |
|
c.
|
Chlorates
| |
|
d.
|
Dynamite
| |
|
e.
|
Blasting gelatin
| |
|
f.
|
Fulminales
| |
|
g.
|
Anhydrous hydrazine
| |
|
h.
|
Ammonium nitrates
| |
|
i.
|
Dinitroresorcinol
| |
|
j.
|
Dinitrotoluene
| |
|
k.
|
Guanidine nitrate
| |
|
l.
|
Gun cotton (cellulose nitrate with nitrogen
content in excess of 12.2% or pyroxylin)
| |
|
m.
|
Hexamin
| |
|
n.
|
Nitroglycerin
| |
|
o.
|
Petn. (pentaerythritoltetranitrate)
| |
|
p.
|
Picric acid
| |
|
q.
|
Tetryl (trinitrophenylmethyltramine)
| |
|
r.
|
Cyclonite or hexogen (cyclotrimethylene trinitramine)
| |
|
s.
|
Dinol
| |
|
t.
|
Petryl
| |
|
u.
|
TNT (trinitrotoluene)
| |
|
v.
|
Perchlorates (when mixed with carbonaceous materials)
| |
|
w.
|
Black powder and fireworks
| |
|
x.
|
Green fire
| |
|
y.
|
Permanganates
| |
|
z.
|
Peroxides (except hydrogen peroxide in concentrations
35% or less in aqueous solution)
| |
(2)
Fire hazards. All activities involving, and
all storage of, flammable and explosive materials not including firewood
and storage of heating fuel, shall be provided with adequate approved
safety devices against the hazard of fire and adequate fire-fighting
and fire-suppression equipment and devices standards in this industry.
Burning of waste materials in open fires is prohibited. The relevant
provisions of other state and local laws regulations shall also apply.
(3)
Radioactivity or electrical disturbance. No
activities shall be permitted which emit dangerous radioactivity at
any point. No activities shall be permitted which produce electrical
and/or electromagnetic disturbance (except from domestic household
appliances and from communications equipment subject to control of
the Federal Communications Commission or appropriate federal agencies)
adversely affecting the operation at any point of any equipment other
than that of the creator of such disturbance.
(4)
Smoke. No emission shall be permitted at any
point from any chimney, or otherwise, of visible grey smoke of a shade
darker than No. 1 on the Ringelmann Smoke Chart as published by the
U.S. Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw Hill
Publishing Company, 1954, may be used). This provision, applicable
to visible grey smoke, shall also apply to visible smoke of a different
color but with an equivalent apparent opaquacy. This requirement shall
not apply to wood stoves or fireplaces in dwellings.
(5)
Liquid or solid wastes. No discharge shall be
permitted at any point into any private sewage disposal system, or
street, or into the ground of any materials in such a way or of such
nature or temperature as can contaminate any water supply or otherwise
cause the emission of dangerous or objectionable elements, except
in accord with standards approved by the State Department of Health
or New York State Department of Environmental Conservation.
(6)
Glare, heat and vibration. No glare, heat or
vibration shall be produced that is perceptible beyond the boundaries
of the lot on which the use is situated.
Any use that is of such a nature as to be detrimental
to neighboring properties by reason of emission of odor, dust, refuse
matter, garbage, smoke, vibration, gas, noise attraction of vermin
and wildlife or any other factor that is dangerous to the health and
safety of the area or the community is prohibited.
Public utility buildings and high voltage substations
must be fully screened and buffered from surrounding uses so as to
blend into the surrounding area.
Before receiving approval by the Planning Board,
all proposed reservoirs and water impoundments require a permit issued
by the NYS Department of Environmental Conservation (if the situation
requires a permit under Environmental Conservation Law) and review
by the local Soil and Water Conservation District Office.
Requires all applicable State Department of
Health and Department of Environmental Conservation permits and must
be fully screened to blend into the surrounding area.
It is the purpose of these regulations to assure
that consideration of environmental factors is incorporated into the
planning and decisionmaking process at the earliest possible time,
and in a manner consistent with SEQRA.
A.
Applicability. Prior to or simultaneously with the
filing of an application for a permit or approval for an activity
not specifically exempt or excluded under Part 617 of New York State
Department of Environmental Conservation Rules and Regulations, there
shall be filed with the Planning Board an Environmental Assessment
Form.
B.
General requirements and procedures. The Planning
Board shall act as initial review agency, with the assistance of the
CEO, until the designation of a lead agency. The determination of
the level of environmental review necessary for the project shall
be made in accordance with the provisions of Part 617.
C.
Approvals. Permits or approvals for activities not
classified as exempt or excluded actions shall not receive final action
by any agency of the Town of Fallsburg until the requirements of Part
617 have been met.
The storage of alcohol, gasoline, crude oil
or any other highly flammable liquids, in aboveground tanks with unit
capacity greater than 275 gallons, shall be prohibited in all districts
unless such tanks up to and including 10,000 gallon capacity are placed
not less than 50 feet from all property lines and unless all such
tanks of more than 10,000 gallon capacity are placed not less than
100 feet from all property lines. All tanks having a capacity greater
than 275 gallons shall be properly dyked with dykes having capacity
not less than 1 1/2 times the capacity of the tank or tanks surrounded.
[Amended 6-25-2012 by L.L. No. 4-2012]
Temporary storage containers, truck bodies,
tractor trailer bodies, shipping containers and any other type similar
containers may be used for temporary storage in either I-1 Industrial,
B-1 and AG-1 Districts when in conjunction with a legally established
business and only for the specified amount of times listed below subject
to a temporary permit issued by the Code Enforcement Office.
A.
All
temporary storage containers must be effectively screened from public
view if to be placed for more than 30 days.
B.
All
truck bodies, tractor trailer bodies, freezer containers and shipping
containers must be approved for use by the Code Enforcement Office.
If approved, a permit shall be issued for a period not to exceed six
months at a time with not more than five continuous extensions.
C.
A temporary
permit may be issued by the Code Enforcement Office in all zones when
in conjunction to an approved building permit, subject to approvals
and conditions by the Code Enforcement Office. Temporary permits shall
not exceed 18 months and shall not exceed one storage container per
property and shall not exceed a 30 feet in length.
D.
In no
case shall temporary storage containers of any kind be allowed for
a period greater than 36 months in any zone without approval by Zoning
Board of Appeals.
E.
Commercial
advertisement on all storage containers shall be prohibited.
F.
The
use of truck bodies, tractor trailer bodies, freezer and similar shipping
containers of any size shall be permitted for temporary use only in
B-1, I-1 and AG-1 zones as described above.
G.
In zones
other than B-1, I-1 and AG-1, storage containers shall be prohibited
and subject to a use variance approval from the Zoning Board of appeals
and shall not be approved for placement to exceed 18 months. The screening
from public view of all approved storage containers shall be required
as a condition of approvals set forth by the Zoning Board of Appeals
for placements exceeding 30 days.
H.
All
fees for a storage container permits shall be set by the Fallsburg
Town Board.
A.
Agricultural industry.
(1)
The following regulations apply to agricultural
uses (including all cage-type poultry operations) in addition to the
performance standards of § 310-5.19. Recommendations of
the SC Cooperative Extension are included.
(2)
In approving or renewing a special permit for
an agricultural industry, the Planning Board shall require that such
facilities and operations will, at all times, meet the performance
standards of § 310-5.19 and will include a definitive plan
for the handling and disposal of OFM. Such plan shall include a proposed
schedule of cleaning, transportation and spreading of OFM including
proposed location, and rate of application.
(3)
Structures for housing and raising of poultry
or livestock will be located and designed to prevent the discharge
either to groundwater or air of emissions of a vile, noxious or offensive
odor which may impair the health and safety of adjacent property owners.
(4)
There shall be no deposit in open areas or unsealed
containers of OFM, decaying or putrescent substances, rubbish, animal
carcasses or by-products, renderings, other than specifically approved
by the terms of the special permit for said agricultural industry.
(5)
All OFM, in liquid or semiliquid form, shall
be transported on highways in closed liquid type leakproof containers,
for which a permit shall be issued by a duly authorized representative
of the Town at no fee.
(6)
All OFM shall be safely stored.
(7)
Except as specifically authorized in the permit
therefore, OFM shall not be spread or hauled in any zone between June
25 and October 1 and shall not be spread outside an agricultural district
as established under the NYS Agriculture District Law[1] without the issuance of a special permit.
[1]
Editor's Note: See Agriculture and Markets
Law Article 25-AA, Agricultural Districts.
(8)
Good housekeeping of facilities and grounds
shall be practiced at all times and shall be subject to periodic inspection
by the Code Enforcement Officer or other agent designated in the special
permit. The violation of any terms of conditions of the special permit,
including the plan for the handling and disposal of OFM, or the provisions
of this section, by virtue of operations predating chapter, shall
be deemed a violation of performance standards subject to abatement
in accordance with § 310-5.19.
[Amended 5-11-2010 by L.L. No. 7-2010]
Temporary permits may be issued by the Code
Enforcement Officer for a period not exceeding one year, for nonconforming
uses incidental to housing and construction projects, or single-family
dwelling units including such structures and uses as storage of building
materials; a real estate office located on the tract being offered,
for sale; or travel trailer to be temporarily occupied by a homeowner/builder;
provided such permits are conditioned upon agreement by the owner
or operator to remove the structure or structures or use upon expiration
of the permit. Such permits may be renewed upon application to the
Enforcement Officer for an additional period not exceeding one year.
Not more than one renewal shall be granted.
It is the purpose of this section to allow landowners
to use their property for recreational purposes (e.g., camping or
hunting). Travel trailers may be placed on unimproved lots in the
REC-1, REC-2 and AG-1 Districts on a temporary basis, subject to the
following supplemental regulations:
 Travel trailer
|
A.
Front yard setback. Trailers must be a minimum of
200 feet from the edge of the road pavement.
B.
Travel trailer placement and duration. The area where
the travel trailer is to be placed shall be graded and compacted so
as to provide for the safe and secure placement of the travel trailer.
An area for access into the site and area for two off-street parking
spaces shall be provided in an area that is graded and compacted.
In no case shall a travel trailer be placed on a lot for more than
four months in any given calendar year.
C.
Occupancy. A trailer cannot be occupied for more than
30 consecutive days.
D.
Utilities. No hookup to permanent utilities, including
electric, telephone, or cable is allowed.
E.
Water and septic. Occupants shall use bottled water
for their potable water supply. Any septic generated during the temporary
use of the travel trailer shall be stored within the travel trailer
holding tanks and disposed of in an appropriate off-site sewage disposal
facility.
[Added 4-27-2010 by L.L. No. 5-2010]
Duplexes are allowed in the PRD-Planned Resort Destination,
R-1 Residence and HR-1 Hamlet Residence Zoning Districts subject to
special permit and site plan approval by the Town of Fallsburg Planning
Board and the following standards provided herein.
A.
General provisions. The following standards shall be required for
all duplex developments proposed within the PRD, R-1 and HR-1 Zoning
Districts.[1]
(1)
General requirements.
(a)
Subdivision of individual duplex unit lots, when proposed, shall
be in accordance with the Town Subdivision Regulations.[2] Property lines shall run from the front lot line through
the center of the common party wall and continue to the rear lot line.
Each dwelling lot shall be configured in a manner that allows for
separate ownership of the lot and dwelling unit thereon. Duplex developments
may be developed as a fee simple subdivision or condominium subject
to a requirement to include common recreation facilities and if as
a fee simple subdivision, a homeowners’ association being provided.
[Amended 7-9-2012 by L.L. No. 7-2012]
(b)
A site plan in accordance with Article VII of this chapter shall be required for any proposed duplex development.
(c)
A duplex building shall contain no more than two single-family
dwelling units totally separated from each other by an unpierced wall
extending from the basement or slab to roof.
(d)
The separation of the two dwelling units by a breezeway, carport,
or other open building element instead of a shared common wall shall
be prohibited.
(e)
All duplex developments pursuant to this § 310-5.30 shall
consist of no less than 10 acres of land.
[Added 7-9-2012 by L.L. No. 7-2012]
(f)
Any development of three or more duplex structures (six dwelling
units), regardless of the form of ownership, shall be governed by
this chapter.
[Added 2-25-2013 by L.L. No. 1-2013]
(g)
A mix of duplex and single-family homes shall be permitted in
a duplex development and shall follow the strictest code that applies
for the district in which it is located.
[Added 12-22-2014 by L.L. No. 8-2014]
(2)
Size of lot and density of development.
(a)
The minimum lot width of a duplex lot shall be 30 feet if the
duplex development is formed as a fee simple subdivision.
(b)
A minimum of 14,500 square feet of lot area shall be provided
per dwelling unit for a proposed duplex development in a PRD-Planned
Resort District.
(c)
A minimum of 14,500 square feet of lot area shall be provided
per dwelling unit for a proposed duplex development in the R-1 Residence
District.
[Amended 7-9-2012 by L.L. No. 7-2012]
(d)
A minimum of 14,500 square feet of lot area shall be provided
per dwelling unit for a proposed duplex development in the HR-1 Hamlet
Residence District.
[Amended 7-9-2012 by L.L. No. 7-2012]
(e)
The maximum percentage of lot coverage for all property proposed
to be developed including but not limited to, impervious surfaces,
interior roadways and parking lots shall not exceed 25% of the duplex
development site. The calculation shall not include steep slopes,
wetlands or unusable land. See the definition for "impervious surface."
[Amended 12-22-2014 by L.L. No. 8-2014]
(3)
Yard requirements.
(a)
Duplex development site.
[Amended 7-9-2012 by L.L. No. 7-2012]
[1]
A minimum front yard setback of 175 feet from an external public
right-of-way shall be provided. This shall be a vegetative buffer.
The access driveway is the only permitted installation.
[Amended 12-22-2014 by L.L. No. 8-2014]
[2]
An undisturbed vegetative buffer of a minimum of 25 feet shall
be provided around the perimeter of the duplex development site. Where
necessary, the Planning Board may require plantings to provide a visual
buffer between the duplex development and adjacent residential properties.
The buffer shall extend from a side or rear property line to the outside
and not be disturbed in any way and or built upon or improved on.
[3]
Interior access roads shall be situated at least 30 feet back
from all property lines.
(b)
Duplex buildings.
[1]
Front yard. An average front yard setback of 20 feet shall be
required for duplex buildings but in no case shall the front yard
setback for individual buildings be less than 16 feet between the
building wall closest to street and the edge of street pavement or
sidewalk facing the duplex building.
[2]
Rear yard. Each duplex building shall have a minimum rear yard
setback of not less than 25 feet.
[3]
Side yards. Each duplex building shall have two side yards no
less than 15 feet six inches and shall have a minimum building separation
of 31 feet. The only items permitted within the separation distance
are walkways, and landings or decks of less than five feet in width.
No porch or similar structure shall protrude or be installed into
this required separation. If fire flow calculations can be met, then
the required separation distance between buildings can be reduced
to a minimum of 25 feet.
[Amended 7-9-2012 by L.L. No. 7-2012; 12-22-2014 by L.L. No. 8-2014]
(4)
Minimum floor area per dwelling unit.
(5)
Maximum floor area per dwelling unit. The maximum permitted
habitable floor area per duplex unit shall not exceed 2,750 square
feet. The maximum footprint for each duplex unit shall not exceed
1,750 square feet, and the number of allowable bedrooms for each duplex
unit shall not exceed six. Basements are allowed in one- and two-story
duplexes; provided, the basement wall reveal will be limited to four
feet, except in the area surrounding the basement ingress/egress,
in which case, the full basement wall may be revealed for up to 10
feet in width. Bedrooms will be allowed in the basement when ingress
and egress is provided in accordance with all building code requirements,
and when within the allowable number of bedrooms for the unit.
[Amended 7-9-2012 by L.L. No. 7-2012]
(6)
Architectural design.
(a)
The design and materials of individual duplex buildings shall
provide for the same total facade details or appearance for both dwelling
units.
(b)
Variations in the design and materials of adjacent duplex buildings
shall be incorporated so that no more than two abutting buildings
have the same total facade details or appearance.
(c)
Rooflines of duplex buildings shall be approved by the Architectural
Review Board with such design elements as dormers, etc., to provide
visual interest.
(e)
Garages, if provided, shall be designed so as not to dominate
the front building facade through the use of offsets and variation
in the details of doors.
(f)
Mailboxes shall be placed within a common area that is complementary
to the overall design of the development.
(7)
Access, circulation and parking.
[Amended 7-9-2012 by L.L. No. 7-2012]
(a)
A circulation system shall be designed to provide safe and convenient
access to duplex buildings and community facilities. The internal
circulation system shall be sufficient for vehicular, bicycle and
pedestrian movement and must accommodate fire and emergency access
needs. The right-of-way width for a public road shall be 50 feet.
The road right-of-way for a private interior road may be no less than
35 feet. Either may have a paved street width of 24 feet, or a twelve-foot
paved street for one-way traffic, as determined by the Planning Board.
(b)
A minimum of two off-street parking spaces shall be provided for
each duplex unit on each duplex lot or within common parking areas.
An additional 1/2 space per duplex unit shall be provided within common
parking areas for visitors. Common parking spaces may not be located
on fee simple lots. Developers must prepare construction drawings
that show all required parking on the approved plan but may elect
to defer full improvement of up to 10% of the required parking when
there is some uncertainty as to the parking demand for the proposed
development. If demand is needed in the future as determined by the
Code Enforcement Officer, the reserved spaces must be constructed
by the developer, the condominium association, or the homeowners’
association, as the case may be. The Planning Board may approve an
area designated for the parking of commercial vehicles used by residents
within a supplemental parking area.
(c)
Sidewalks and curbing are optional, as may be determined by the Planning
Board, and may be provided within all duplex developments. Sidewalks
shall be a minimum of four feet in width in order to provide for the
safe movement of pedestrians between duplex units and to and from
all common recreation facilities. Said sidewalks may be separated
from the edge of the road by a six-foot median strip provided for
the planting of street trees or grass or provided within an interior
courtyard that is owned in common by the condominium association or
a homeowners’ association, as the case may be.
(d)
The outside storage of recreational vehicles and/or boats on individual
duplex lots or in common areas shall be prohibited. The Planning Board
may authorize the provision of recreational vehicle storage spaces
within a designated area, provided such area is screened from public
view and used solely for duplex residents.
(8)
Landscaping. A landscaping plan designed by a professional landscape
architect who understands the local climate and growing patterns shall
be submitted to the Planning Board for its review and approval. The
following minimum standards shall apply:
(a)
Lawns of all duplex units shall be properly graded and seeded
to provide for grass lawns.
(b)
Street trees shall be provided in a quantity that is equivalent
to that of spacing the trees 30 feet on center. Such trees shall then
be grouped into "groves" in order to simulate a more natural stand
of trees, rather then repetitive rows. Groves of street trees shall
be a minimum height of six feet to eight feet with a caliper of 2 1/2
inches at breast height at the time of planting and a drip-line diameter
of 20 feet to 40 feet at full growth.
(c)
Front lawn trees shall have a height of 13 feet to 14 feet with
a caliper of 1 1/2 inches or more at breast height at the time
of planting. Species shall be consistent with the flowering type.
[Amended 7-9-2012 by L.L. No. 7-2012]
(d)
Rear and side yard trees should include a mix of deciduous and
evergreen trees (not pine). Evergreens shall be a minimum height of
six feet at the time of planting and be used to provide visual separation
(buffer). Deciduous trees shall be four feet to six feet with a caliper
of two inches at breast height at the time of planting and a drip-line
diameter of 15 feet to 30 feet at full growth and be located in a
manner that provides shade in the summer and sun in the winter.
(e)
Shrubs and ground plantings shall be shown on the landscaping
plan.
(f)
All landscaping within common areas owned by the homeowners'
association shall be well maintained and kept in a healthy condition.
When plantings die, they shall be replaced.
(9)
Common areas and recreational facilities.
(a)
Every duplex development shall provide for common open space
and recreational amenities for project residents that are maintained
by a not-for-profit homeowners' association in accordance with
the following standards:
[1]
The minimum lot area for common open space and recreational
amenities shall be 5,000 square feet.
[Amended 7-9-2012 by L.L. No. 7-2012]
[2]
For a duplex development that includes more than 25 duplex units,
a common recreation clubhouse shall be provided that is at least 2,000
square feet in size. Such structure shall provide one off-street parking
for each six persons based upon maximum permitted occupancy and be
maintained by the not-for-profit homeowners' association. It
is an option that the developer can disperse some of these parking
spaces throughout the development so that a large parking lot is not
created next to the community building. This must be approved by the
Planning Board.
[3]
The requirement of calculating the amount of common space and
recreational amenities area shall be calculated and provided for at
a rate of 750 square feet per proposed dwelling unit, and shall not
include the area within the required buffer and yard/setback, or within
stormwater basins. On large projects, the Planning Board may require
that recreational amenities be located in several areas. The Planning
Board shall approve the location(s) of such recreational amenities
as part of the site plan review.
[Added 7-9-2012 by L.L. No. 7-2012]
(10)
Utilities.
(a)
All electric, telephone, and cable shall be located underground
within the proposed duplex developments.
(b)
All utility junction boxes shall be contained within a vault
that is placed underground in a manner where the top of the vault
is flush with the grade of the finished lawn.
(c)
All transformers shall be screened with shrubs wherever possible
as approved by NYSEG.
(11)
Size limitations.
[Added 7-9-2012 by L.L. No. 7-2012]
(a)
Every approved duplex development shall contain a provision on the
approved map that each duplex home is subject to size limitation (not
to exceed 2,750 square feet habitable living space) and number of
bedrooms (not to exceed six) and that under no circumstances can a
duplex home be renovated if the result of said renovation will violate
the foregoing provisions.
(b)
All offering plans applicable to the sale of homes in a duplex development
shall include a covenant and restriction in the recorded governing
documents which sets forth the size limitations and number of bedrooms
limit set forth in the Town of Fallsburg Duplex Development Law, and
shall confirm that the Town of Fallsburg Code Enforcement Officer
(or his or her authorized agents) shall have the right to inspect
the duplex home to confirm compliance with the aforesaid limitations.
(c)
All fee simple lots approved in accordance with the Duplex Development Law shall include a covenant and restriction in a recorded document setting forth the requirements of Subsection A(11)(b).
(d)
The portions of condominiums and homeowners’ association documents
including provision required in the Duplex Development Law shall be
provided to and approved by the Planning Board prior to granting subdivision
or site plan approval.
(12)
Right to inspect. In order to insure compliance with the requirements
of the Town Duplex Development Law, it shall be a condition to approval
that the Town Code Enforcement Officer (or his or her authorized agents)
shall be allowed, from time to time, to inspect the duplex homes to
insure compliance with said Duplex Development Law and with all other
applicable laws, including, but not limited to, the size of the home
and the number of bedrooms. Failure to cooperate with inspections
or noncompliance with this section shall result in revocation of the
unit certificate of occupancy.
[Added 7-9-2012 by L.L. No. 7-2012]
(13)
Enforcement. Any violation of the provisions of the Town Duplex Development
Law (§ 310.5.30 et seq.) shall be subject to fines and penalties,
as follows:
[Added 7-9-2012 by L.L. No. 7-2012]
(a)
Fines. Fines for violating the provisions of this section shall be
established by the Town Board by resolution. The Town Board can establish
escalating fines for second and subsequent violations and each day
of violation can be subject to continuing additional fines.
(b)
Restoration and renovation. In addition to fines, the Town Code Enforcement
Officer can require that the duplex home be restored and/or renovated,
at the sole cost and expense of the homeowner, to the condition which
existed prior to the violation or to such other condition which is
otherwise in compliance with this section, including, but not limited
to, the elimination of one or more bedrooms. Failure to comply with
this section shall result in revocation of certificate of occupancy.
[1]
Editor's Note: L.L. No. 7-2012, adopted 7-9-2012, provided
that with respect to pending projects, the applicant may elect to
proceed pursuant to the Town Duplex Development Law as it existed
prior to amendment made by said local law or may proceed pursuant
to the Town Duplex Development Law as amended thereby. If applicant
elects to proceed pursuant to the prior version of such law; the amendments
of L.L. No. 7-2012 shall not be applicable to said project and said
project shall be reviewed as if said amendments had not been enacted.
A “pending project” shall include any project in which
conceptual development plans had been presented either to the Town
Board or to the Planning Board as of the date of enactment of L.L.
No. 7-2012.
[Added 2-25-2013 by L.L. No. 1-2013]
The following standards shall apply to two-family residences
constructed after the effective date of this chapter. Existing legal
two-family residences shall not be considered nonconforming by virtue
of the following supplementary regulations, provided they are located
in districts where such uses are permitted:
A.
No more than two two-family dwelling structures (four dwelling units)
may be developed as a single development proposed under a common plan,
project or scheme.
B.
Public sewer and water required. All two-family residences shall
be serviced by approved public sewer and water.
C.
Ingress and egress. Access and egress shall be to a street determined
by the Town Engineer to be adequate for the level of traffic anticipated
from the development.
D.
Separation from watercourse. No building shall be located within
100 feet of any pond, reservoir, lake or watercourse.
E.
Design. Two-family residence structure design features:
(1)
The total enclosure of garbage containers shall be provided.
(2)
Construction materials, in addition to conformance to the New
York State Uniform Fire Prevention and Building Code, shall be of
a color and texture characteristic of any adjacent residential development,
as approved by the Architectural Review Board.
