A.
Amusement centers, bowling alleys, and similar places of activities
(including concert locations, temporary or otherwise) shall be subject
to the following requirements.
(1)
The use or activity shall be conducted entirely within an enclosed
structure or separated from adjoining residences by no less than 500
feet of wooded area.
(2)
Off-street parking areas shall be screened from adjoining residential
properties with a solid wood fence, wall, or planting strip of dense
nursery materials no less than six feet in height.
(3)
A principal structure shall be not less than 100 feet from any property
line within an RS District or an entrance or exit of any public or
semi-public institutions.
(4)
All amusements shall supply evidence in advance of ability to comply
with commercial and manufacturing performance standards contained
herein and the Code Enforcement Officer may in the instance of temporary
permits, require financial guarantees of performance.
B.
Annual membership clubs.
(1)
Annual membership clubs catering exclusively to members and their
guests, or other recreational facilities open to the public and accessory
playgrounds, swimming pools, tennis courts and recreation buildings
where permitted shall not include:
(2)
No building shall be erected nearer than 100 feet to any street or
property line.
C.
Resort establishments, including summer camps, motels and hotels,
shall be subject to the following requirements.
(1)
A site to be used for a motel or resort establishment shall include
an office and lobby. A hotel may include accessory uses as follows:
a restaurant, coffee shop and cafeteria providing food and drink,
amusement and sport facilities such as a swimming pool, children's
playground, tennis or other game courts; and game or recreation rooms.
(2)
All principal and accessory buildings and structures shall cover
a total of not more than 35% of the site.
(3)
Dormitory units shall not be interconnected by interior doors in
groups of more than two units. The total interior floor of each dormitory
unit, inclusive of bathroom and closet space, shall not be less than
250 square feet. Distance between buildings shall not be less than
25 feet.
[Amended 8-20-2018 by L.L. No. 1-2018]
(4)
Unless the use is subject to site plan review by the Planning Board,
a detailed plan for the proposed development of the site and facilities
shall be submitted to and approved by the Code Enforcement Officer
before the issuance of any building permit. This plan shall identify
the location and size of existing trees, all other landscaping proposed,
the architectural style, general design, colors and materials to be
used on exterior surfaces and detailed plans for any signs, as well
as any other information, elevation or perspectives which will enable
the Code Enforcement Officer to determine conformity with the foregoing
standards.
D.
Recreational vehicles, RV parks and campgrounds. RV parks and campgrounds shall be subject to the provisions of Chapter 117 of this Code, the "Town of Liberty Campground and Recreational Vehicle Park Law." Individual recreational vehicles may be stored on any lot subject to the following restrictions.
(1)
No more than one such vehicle may be stored on any lot (permitted
sales lots excepted).
(2)
The vehicle shall not be connected to any utilities, except on a
temporary basis for purposes such as testing of equipment, cleaning
and similar activities, and shall neither be used as additional residential,
commercial or other space for business or living purposes nor as an
independent dwelling or office.
(3)
The vehicle shall not be parked in any front yard or within 10 feet
of any property line.
E.
Swimming pools. Swimming pools, whether above or below-ground, that
are accessory to single-family dwellings shall not be located closer
than 10 feet to any property line or within any front yard. Swimming
pools accessory to more than one residential dwelling unit or to a
nonresidential use shall not be located closer than 50 feet to a property
line, within 50 feet of a dwelling or within any front yard. All below-ground
swimming pools having a depth of two feet or more shall be completely
enclosed with a wall, fence or other barrier at least four feet in
height and suitably equipped to prevent the accidental entry of children
to the pool area.
F.
Camps.
[Added 8-20-2018 by L.L. No. 1-2018]
(1)
Applicability. Proposed new camps and proposed camp expansions in the RD-2 District and proposed expansions of nonconforming camps in all other districts must apply for a special use permit in accordance with the requirements of this subsection and with Article VIII. Additionally, as applicable, proposed expansions of nonconforming camps shall comply with the requirements of Article IX.
(2)
Duration
and renewal of special use permit. Each special use permit granted
for a new camp or for the expansion of any camp shall expire on December
31 in the third calendar year from (and including) the year of issuance
if the special use permit was approved in the period between January
I and June 30. If the permit was approved in the period from July
1 to December 31, the permit shall expire on December 31 of the fourth
calendar year from (and including) the year of issuance.
(a)
No more than 60 days prior to the submission of an application for
a renewal, the applicant shall be required to schedule and have completed
an inspection of the subject property by the Code Enforcement Officer,
and such inspection shall be the responsibility of the applicant to
schedule. Said inspection shall include a compliance review of the
special use permit criteria and any conditions that were the subject
of the permit when it was previously issued. Such renewal shall be
granted following due public notice and hearing and may be withheld
only upon determination by the Code Enforcement Officer to the effect
that such conditions prescribed by the Planning Board in conjunction
with the issuance of the original permit have not been or are being
no longer complied with. In such cases, a period of 60 days shall
be granted the applicant for full compliance prior to revocation of
said permit.
(3)
Supplementary special use permit and site plan review criteria. In the review of special use permit and site plan review applications for new camps or the expansion of existing camps, the Planning Board shall ensure, in addition to the requirements of Article VIII and the Schedule of District Regulations of this chapter, that the following criteria, in Subsection F(3)(a) through (k), are met. These criteria shall also apply to the expansion of any nonconforming camp use or structure, in addition to the requirements of Article IX of this chapter.
(a)
Buffers. A minimum one-hundred-fifty-foot greenspace buffer shall
be provided adjacent to rear and side property lines for new camps.
No new buildings shall be allowed within the buffer area. The Planning
Board shall require landscaping to screen camps from adjacent properties,
unless there is an existing natural buffer in place that will provide
a sufficient screen. Such landscaping shall be maintained and replaced
as needed. For existing camps, all buildings within the buffer area
referred to herein are nonconforming structures, and no new buildings
or uses shall be allowed in the buffer area hereafter.
(b)
Access and traffic.
[1]
The property shall be served by two points of vehicular access to
a public highway to ensure access by emergency vehicles.
[2]
There shall be safe and adequate management of vehicular and pedestrian
traffic entering and exiting the site, as well as within the site,
including particular safeguards covering episodic periods of drop-off
and pick-up of children and/or visitors. Buses shall be boarded and
off-boarded within the site and adequate space shall be provided.
In the event of unforeseen circumstances that result in the need for
boarding or off-boarding on a public road, the camp must provide traffic
control (and crossing guards if on opposite side of road from camp)
to ensure traffic and pedestrian safety throughout the period involving
a public road.
(c)
Water. Water supply shall be from a public municipal facility, if available to serve the use. If connected to public water supply, the Water Department supervisor must submit a letter to the Planning Board Chairman indicating acceptance of a defined quantity of daily use. If the water supply is from a private source, the property owner and/or applicant must provide adequate Department of Health documentation of approval that the water supply is potable and of adequate volume. Any deficiencies in the potability or volume of a private water supply must be addressed immediately by the owner or designated agent. All water supply systems must meet the requirements of Chapter 144, Water, of the Town of Liberty Code, as applicable.
(d)
Wastewater collection and treatment shall be served by a public municipal facility, if available. If the wastewater collection and treatment shall be from a private source, the property owner and/or applicant must provide certification acceptable to the Town that the sewage disposal system is adequate for the proposed camp use. Any deficiencies in wastewater collection and management must be addressed immediately by the owner or designated agent. All wastewater collection and treatment systems must meet the requirements of Chapter 121, Sewers and Sewage, of the Town of Liberty Code, as applicable.
(e)
Regulatory compliance.
[1]
The applicant for the camp shall obtain, or agree to obtain as a
condition of site plan review and special use approval, all regulatory
approvals required by federal, state, or local agencies including
but not limited to the NYS Department of Health, the NYS Department
of Environmental Conservation, the Town of Liberty Highway Department,
and the NYS Department of Transportation. The Code Enforcement Officer
may conduct periodic inspections to ensure applicable regulations
are being met.
[2]
The camp shall be in conformance with the requirements of the NYS
Uniform Fire Prevention and Building Code. The Code Enforcement Officer
may conduct periodic inspections to ensure such requirements are met.
(f)
On-site facilities, services, and lodging.
[1]
All camps shall have sufficient on-site facilities with capabilities
to serve the purposes and population of a camp. Such facilities include
but are not limited to playgrounds, athletic fields or courts (indoor
or outdoor), gymnasiums, auditoriums, classrooms, swimming opportunities,
picnic areas, food service, and first aid stations.
[2]
Mobile and manufactured homes, whether permanent or temporary, shall not be parked or stored in any campground or recreational vehicle park except if owned and occupied by camp management (not used for lodging for campers). Mobile and manufactured homes shall also comply with Chapter 100, Mobile Homes and Mobile Home Parks, of the Town of Liberty Code.
(g)
Site capacity. Taking into consideration the adequacy of potable
water, wastewater disposal facilities, traffic circulation and emergency
access, Uniform Fire Prevention and Building Code compliance, and
other criteria that address public health, safety, and welfare of
residents and campers, the Planning Board may place limits on the
overall number of cabins, dwellings, or campers in order to accommodate
the use and avoid adverse impacts on the environment, the district,
and the community. Any such limitations placed by the Planning Board
shall be accompanied by a supporting statement of findings.
(h)
Garbage disposal. Adequate plans shall be made for the regular collection
and disposal of garbage, rubbish and solid wastes generated within
the camp. Camps must have an on-site trash compactor and adequate
space for access of sanitation vehicles must be provided. Garbage
collected at individual buildings must be maintained in proper secured
receptacles. There shall be no on-lot exposed garbage, junk, or other
wastes.
(i)
Management. Every camp shall maintain with the Town the contact information
for the person in charge of the camp, including a phone number(s)
for contact in the event of an emergency, or otherwise, at all times.
(j)
Lighting. Any lighting used shall be so arranged as to focus on the
necessary portions of the site, minimizing impacts on the night sky,
and shall be deflected away from adjoining properties and public rights-of-way.
In all districts, in connection with every manufacturing business,
institutional, recreational, residential or any other use, there shall
be provided, at the time any building or structure is erected, off-street
parking spaces open at no charge for employees', residents' and/or
patrons' automobiles in accordance with the requirements set forth
herein:
A.
Size. Each off-street parking space shall have an area of not less
than 200 square feet, exclusive of access drives or aisles, and shall
measure 10 by 20 feet. Except in the case of dwellings, no parking
area provided hereunder shall be established for less than three spaces.
B.
Number of parking spaces required. The number of off-street parking
spaces required shall be as set forth in the Off-Street Parking Schedule
below. In the case of any building, structure or premises the use
of which is not specifically mentioned herein, the provisions for
a use which is so mentioned and to which said use is similar, in the
option of the Planning Board, shall apply.
|
Off-Street Parking Schedule
| ||
|---|---|---|
|
Use
|
Parking Spaces Required
| |
|
Churches and synagogues
|
1 for each 3.5 seats
| |
|
Community buildings and social halls
|
1 for each 200 square feet of gross floor area or 1 for each
3.5 seats, whichever is greater
| |
|
Hotel, motel, boarding and rooming houses
|
1 per sleeping room or dwelling unit plus 1 per employee
| |
|
Manufacturing plants, testing or research laboratories
|
1 per employee in the maximum shift and not less than 1 per
200 square feet floor area
| |
|
Restaurants, bars, and night clubs
|
1 for each 50 square feet of patron space
| |
|
Wholesale establishments or warehouses
|
1 per employee in maximum shift and the total parking area to
be not less than 25% of the building floor area
| |
|
Offices, general
|
1 for each 200 square feet of first floor area and each 300
square feet of floor area on second floor and above
| |
|
Doctor's or dentist's office
|
8 for each doctor
| |
|
Schools
|
1 per 12 seats or students
| |
|
Home occupation or professional office
|
3 spaces minimum plus 1 per nonresident employee
| |
|
Hospital, medical center
|
1 for each 3 beds
| |
|
Single-family dwelling
|
2 spaces
| |
|
Two-family or multiple
|
1 1/2 for each dwelling unit
| |
C.
Drainage and surfacing. All open parking areas shall be properly
drained and all such areas shall be provided with a paved surface,
except for parking spaces accessory to a one-family or two-family
dwellings.
D.
Joint facilities. Required parking spaces, open or enclosed, may
be provided in spaces designed to serve jointly two or more establishments
whether or not located on the same lot, provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments.
E.
Combined spaces. When any lot contains two or more uses having different
parking requirements, the parking requirements for each use shall
apply to the extent of that use. Where it can be conclusively demonstrated
that one or more such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation, the Planning Board may reduce the total parking
spaces required for that use with the least requirement.
F.
Fire lanes and handicapped parking. Fire lanes and handicapped parking
spaces shall be provided as required by state and federal regulations
and a plan for the same and enforcement of the rules providing for
their availability shall be approved by the Code Enforcement Officer.
G.
Commercial vehicles of more than 2.5 tons in size shall not be parked
on any residential lot except for temporary purposes for servicing
that particular residence.
H.
Off-street loading.
(1)
General requirements. Adequate off-street loading and unloading berths
shall be provided for any commercial, institutional, industrial or
wholesale use. Any land which is developed as a unit under single
ownership and control shall be considered a single lot for the purpose
of these requirements and at least one such berth shall be provided
for each lot. Additional berths may be required at the discretion
of the Planning Board and/or Code Enforcement Officer.
(2)
Size, location and access. Each required loading berth shall be at
least 12 feet wide, 65 feet long and 14 feet high or uncovered. All
permitted or required loading berths shall be on the same lot as the
use to which they are necessary and shall not include any one area
used to meet parking requirements.
(3)
In no case where a building is erected, converted or enlarged for
commercial, institutional, industrial or wholesale purposes shall
the public rights-of-way be used for the loading or unloading of materials.
I.
Access requirements. Access to and from all off-street parking, loading
and vehicle service areas along public right-of-way shall consist
of well-defined separate or common entrances and exits and shall comply
with the following provisions.
(1)
Access drives shall not open upon any public right-of-way line of
any intersecting public street or highway where the sign distance
in either direction would be less than 300 feet.
(2)
There shall be no more than one entrance and one exit to any business
or parking area on any one highway. Each entrance and exit shall be
clearly defined with curbing, fencing or vegetative screening so as
to prevent access to the area from other than the defined entrances
and exits. In no case shall one entrance and exit be located within
60 feet of any other on the same property or adjoining property along
the same public right-of-way. Nonconforming lots, however, shall be
exempt from this requirement.
(3)
Any subdivision of property within a SC or IC District shall provide
no more than one common entrance and one common exit on any public
right-of-way. Interior access drives shall be provided for movement
of traffic to the public right-of-way.
(4)
No access drive to any nonresidential use shall be less than 50 feet
in right-of-way width or 20 feet in travelway width. Residential access
drives may, consistent with Town of Liberty Subdivision Regulations,
be reduced to 25 feet in right-of-way width and twelve-foot travelway
provided the drive serves no more than two single-family dwellings.
Signs may be erected and maintained only when in compliance
with the following provisions:
A.
Signs in RS districts. The following types of nonilluminated, nonadvertising
signs are permitted in the RS District:
B.
Signs in other districts. Business and advertising signs are permitted
in other than RS districts in accordance with the following regulations:
(1)
No sign shall be higher than the height limit in the district where
such sign is located, nor shall any sign be located upon the roof
of any building.
(2)
Not more than one such sign for each tenant on the premises shall
be permitted on each wall fronting on a street.
(3)
The aggregate area in square feet of all signs on any wall shall
be no greater than two times the length in feet of such wall.
(4)
Freestanding business signs shall be permitted as long as they comply
with all yard and height requirements for the zone, and no more than
one shall be permitted on each lot.
(5)
Signs shall not project more than 19 inches beyond the face of the
wall on which applied nor any distance beyond or above the building
in any other direction.
(6)
Sign directories for the purpose of advertising three or more businesses
or trades shall be permitted providing the individual signs do not
exceed two feet by six feet in size.
C.
Billboards. Billboards or other advertising signs shall be permitted
in the SC and IC Districts in accordance with the following regulations:
(1)
Such signs shall be maintained in good repair and not exceed 400
square feet in size of copy area.
(2)
Such signs are structures and shall comply with all yard and height
regulations.
(3)
No two advertising signs shall be located within 2,500 feet of each
other, unless back-to-back signs, and the total amount of sign area
for advertising signs or billboards shall not exceed one square foot
for each two lineal feet of lot frontage.
[Amended 6-9-1997 by L.L. No. 3-1997]
(4)
Such signs shall meet all applicable Federal Highway Administration
regulations.
D.
Prohibited signs. The following types of signs or artificial lighting
are prohibited:
A.
Whenever a commercial or manufacturing use is proposed as a special
use (including nonprofit uses such as camps) the following performance
standards shall apply and be an additional basis for review of the
special use applications:
[Amended 12-16-2019 by L.L. No. 1-2019]
(1)
Fire and explosive hazards.
(a)
All activities involving, and all storage of, flammable and
explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate fire-fighting
and fire suppression equipment and devices standard in the industry.
Burning of waste materials in open fires is prohibited.
(b)
Facilities involving the processing and/or storage of chemical
and industrial wastes, including waste petroleum products shall be
located no less than 300 feet from any property line and shall be
considered special uses under this chapter. The Planning Board may,
in consultation with a professional engineer, impose additional specific
standards or conditions to ensure the safety for neighboring residents
and property owners. National Fire Protection Association standards
may be used as guidelines. Gasoline service stations and similar uses
where quantities of less than 100 gallons of waste petroleum products
are routinely accumulated and stored for short periods of time shall
be exempt from these requirements. The relevant provisions of state
and local laws, including the New York State Billing Code regulations,
shall also apply.
(2)
Radioactivity or electric disturbance. No activities shall be permitted
which emit dangerous radioactivity, or electric disturbances adversely
effecting the operation of any equipment other than that of the creator
of such disturbance. All applicable federal regulations shall be met.
(4)
Vibration. No vibration shall be permitted which is detectable without
instruments at the property line.
(5)
Glare. No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes such as combustion or welding or
otherwise, so as to be visible at the property line shall be permitted.
This restriction shall not apply to signs otherwise permitted by the
provisions of this chapter.
(6)
Smoke. No emission shall be permitted or visible grey smoke of a
shade equal to or darker than No. 2 on the Power's Mico-Ringlemann
chart, published by McGraw-Hill Publishing Company, Inc. and copyrighted
1954.
(7)
Odors. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable, without instruments,
at the property line of the lot from which they are emitted.
(8)
Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution or other emissions
shall be permitted which can cause any damage to health, to animals,
vegetation, or other forms of property.
B.
The Code Enforcement Officer shall ensure these standards are met
or will be met prior to issuing a certificate of occupancy for the
use.
[Amended 12-16-2019 by L.L. No. 1-2019]
There is hereby created a special district the boundaries of
which shall be congruent with those areas identified as Special Flood
Hazard Areas on the Flood Hazard Boundary Maps of the Town of Liberty
(Community No. 360823) as issued and/or amended by the Federal Insurance
Administration, or its successor agencies. This District shall be
an overlay zone in which the normal provisions of the District indicated
on the Official Zoning Map shall apply except that no development
shall be permitted which is not completely in accord with the provisions
of the Town of Liberty Floodplain Development Law,[1] as amended.
[Amended 5-12-1997 by L.L. No. 2-1997]
The following uses are subject to special requirements as set
forth below:
A.
Natural resource extraction and processing operations. Any person
proposing to engage in a natural resource extraction or processing
operation shall, concurrently with submission of plan and application
to the New York State Department of Environmental Conservation, file
copies with the Planning Board as part of its special use application
and any Town approvals shall be conditional on state approval.
B.
Home occupations.
(1)
Evidence of use. The owner of a home occupation shall not display
or create outside the building any evidence of the business, except
that one nonilluminated identification design having an area of not
more than four square feet shall be permitted.
(2)
Extent of use. The home occupation shall not utilize more than 30%
of the gross floor area of the dwelling unit, except for foster family
or day care.
(3)
[1]Nonresidential employees. Nonresidential employees shall
not exceed three persons.
[1]
Editor's Note: Former Subsection B(3), regarding permitted
uses for home occupations, was repealed 12-16-2019 by L.L. No. 1-2019. This local law also provided for the redesignation of former Subsection
B(4) as Subsection B(3).
C.
Conversions. Conversion of an existing structure from a one-family
dwelling to a two-family or multiple dwelling where permitted (see
the Schedule of District Regulations) shall be subject to the following
conditions:
(1)
Such structure shall have contained, on the effective date of this
chapter, 1,000 square feet of livable floor area for the first dwelling
unit plus 600 square feet of livable floor area for each additional
dwelling unit created.
(2)
The lot on which such structure is located shall contain a minimum
of 7,500 square feet of lot area per dwelling unit.
(3)
One and one-half off-street parking spaces shall be provided on said
lot for each dwelling unit.
D.
Junkyards and vehicle dismantling and storage operations. Junkyards, where permitted, shall be subject to the provisions of Chapter 93, Junkyards, of the Code of the Town of Liberty and special use/site plan review procedures shall be combined with operation requirements contained in such chapter. This shall not, however, relieve operators of junkyards from having to meet all other standards contained herein, including the commercial and manufacturing performance standards of § 147-18.
E.
Automobile service stations.
(1)
The minimum lot size for such service stations shall be 30,000 square
feet and the minimum street frontage shall be 200 feet unless more
stringent requirements shall apply to the district in question.
(2)
Entrance and exit driveways shall have an unrestricted width of not
less than 20 feet nor more than 25 feet, shall be located not nearer
than 15 feet from any property line and shall be so laid out as to
avoid the necessity of any vehicles leaving the property to back out
across any public right-of-way or portion thereof.
(3)
Vehicle lifts or pits, dismantled and disabled automobiles and all
parts or supplies shall be located within a building enclosed on all
sides.
(4)
All service or repair of motor vehicles, other than such minor servicing
as change of tires or sale of gasoline or oil, shall be conducted
in a building fully enclosed on all sides. This requirement shall
not be construed to mean that the doors to any repair shop must be
kept closed at all times.
(5)
The storage of gasoline or flammable oils in bulk shall be located
fully underground and not nearer than 35 feet to any property line
other than street lot line.
(6)
No gasoline pumps shall be located nearer than 15 feet to any street
lot line.
(7)
No building permit shall be issued for a motor vehicle service station
within a distance of 200 feet of any school, church, hospital or place
of public assembly designed for the simultaneous use and occupancy
by more than 100 persons, the said distance to be measured in straight
line between the nearest points of each of the lots or premises regardless
of the district where either premises is located.
F.
Shopping centers. All shopping centers shall meet the following requirements
and be subject to special use/site plan review procedures:
(1)
The minimum lot area shall be five acres with a minimum lot width
of 300 feet and a minimum depth of 500 feet.
(2)
There shall be seven paved parking spaces for each 1,000 square feet
of floor area plus one per employee, and such parking area shall be
arranged with channelization, marking and landscaping for vehicular
and pedestrian circulation, as approved by the Planning Board.
(3)
There shall be no unenclosed storage of goods or equipment.
G.
Intensive use poultry and swine operations.
(1)
Intensive use poultry and swine operations (10,000 or more poultry
or 100 or more hogs) where permitted outside AC District or approved
New York State Agricultural Districts shall be subject to following
requirements:
(a)
The minimum lot area for any new such use shall be 50 acres
plus one acre for each 5,000 birds in excess of 25,000 where poultry
are involved.
(b)
Structures in which animals are kept or manure is stored (including
pits and lagoons) shall be setback a minimum of 200 feet from property
lines. Manure storage and disposal plans shall be evaluated by comparison
to standards recommended by the New York State Cooperative Extension
Service as well as those of the New York State Department of Environmental
Conservation and such facilities shall be treated as special uses
subjected to site plan review when a new principal structure or addition
to an existing principal structure is proposed.
(c)
No ventilating apparatus shall discharge from any side of a
poultry house or barn facing a public road.
(d)
The minimum setback from any side or rear lot line for any poultry
house or barn wall containing ventilating apparatus shall be increased
by 100 feet.
(e)
The maximum building height for a poultry house shall be 30
feet.
(f)
Each site shall provide facilities of a minimum of three months'
capacity for storage of organic fertilizer material. The construction
of such storage facilities shall conform to the standards recommended
by the Cornell University School of Agriculture for such use.
(g)
The removal of manure shall be by a vehicle with a sealed storage
container.
(2)
Chicken and meat processing plants shall be considered industrial
enterprises and, where permitted, shall be subject to and provide
documentation of compliance with all federal and state standards applicable
to such operation.
H.
Stables, riding academies and keeping of animals.
(1)
Private stables.
(a)
A private stable is permissible as an accessory use to a single-family
residence in any AC or RD zone district provided it will comply with
the following provisions:
[1]
The tract of land on which the house and stable are located
is at least 2 1/2 acres in size.
[2]
No more than two horses are kept with the exception that one
additional horse may be kept for each additional acre of land up to
a total maximum of five horses.
[3]
The building shall not exceed 400 square feet in size for one-to-two-horse
stables with an additional 200 square feet for each additional horse.
[4]
No commercial breeding, hire or sale of horses shall be permitted
from a private stable.
[5]
All horses shall be restrained from grazing or intruding on
an adjoining property and any fences erected for the same shall be
at least three feet from the property line.
[6]
No stable building shall be located within 100 feet of adjoining
property line or public or private road.
(b)
These provisions are not applicable to commercial stables where
permitted.
(2)
Keeping of animals.
(a)
The keeping of livestock and any other animals of a domestic
or agricultural type, including but not limited to cows, steers, goats,
sheep, swine, poultry and fur-bearing animals, shall not be permitted
in any zone district other than AC or RD except where the tract in
question is at least 10 acres in size and all animals and buildings
are confined to an area not closer than 150 feet to an adjoining property
line or public or private road. These restrictions shall not apply
to the keeping of domestic animals in AC or RD districts or the keeping
of household pets such as dogs, cats, birds, hamsters, etc.
(b)
No premises in any district shall be used or occupied, and no
structures shall be erected or maintained for the harboring of any
animals except those of a domestic, household or agricultural type
as provided for above. Wild animals such as wolves, large cats, reptiles
and other species not indigenous to the area shall not be kept in
the Town of Liberty under any circumstances.
(3)
Administration. A building permit or certificate of occupancy shall
be required for the establishment of a private stable and applicants
shall demonstrate the means by which they will comply with this section.
All residents shall comply with the restrictions and, if, upon investigation
of a complaint, any person if found to be violating these provisions,
that person shall be subject to the penalties and remedies provisions
of this chapter after being given a ten-day period in which to eliminate
the violation. Nothing herein, moreover, shall be construed to allow
continuance of any nuisance or threat to health, safety and welfare
that might be created by keeping of animals regardless of conformity
with these provisions. Such nuisances are hereby prohibited and nothing
herein shall limit the right of the Town to eliminate such nuisances
or the right of adjoining property owners to pursue civil remedies.
(4)
Commercial stables and riding academies. A commercial stable and/or
riding academy shall not be established on less than 10 acres of land
and shall require a Special Use permit. An additional one acre of
land shall be required for each horse in excess of five and no stable
building shall be erected within 150 feet of any property line.
I.
Landfills. All solid waste generated in conjunction with any use
shall be disposed of in a New-York-approved sanitary landfill. Such
landfills shall only be permitted in AC or RD Districts on tracts
of at least 50 acres in size with actual disposal site not closer
than 500 feet to any property line. Landfill applications shall be
processed in the manner of industrial uses and be contingent upon
New York State approval.
J.
Shooting ranges. Shooting ranges for commercial or public use, whether
open to the general public or restricted to members of a club or organization,
shall be subject to the following special requirements.
(1)
Facilities shall be designed for discharge of all firearms in directions
away from any residence in the vicinity.
(2)
No part of the range shall be located within 500 feet of a property
line.
(3)
No range shall be operated before the hour of 8:00 a.m. or after
11:00 p.m.
(4)
The use shall meet all safety standards which may be recommended
by the National Rifle Association, the New York State Department of
Environmental Conservation or other state or national organization
dealing with firearm safety.
K.
Adult stores. Adult stores shall not be located within 1,000 feet
of any residence, church, synagogue, public or semi-public use or
health institution.
L.
Health institutions. A principal structure associated with any health
institution shall be not less than 100 feet from any property line
within an RS District or an entrance or exit of any other public or
semi-public institutions.
M.
Off-site (central) sewage treatment systems.
[Added 7-16-2012 by L.L. No. 1-2012]
(1)
Any application for a land use for which a new off-site (central)
sewer system, as defined herein, is proposed for private operation
by the developer or a successor entity shall be accompanied by a detailed
plan setting forth the proposed ownership, management and operation
of such system.
(2)
Prior to any final plan approval, the developer or its successor
shall submit a schedule of required improvements, capital costs and
annual operational costs for the system together with a written certification
by a professional engineer licensed in New York that the costs are
a fair and reasonable estimate of the construction, operation and
maintenance costs of the system. Such cost estimates shall be used
to determine the financial feasibility of the proposed system.
(3)
The developer or the successor shall, by itself or through a contractual
relationship with the property owners association to be established
through covenants and restrictions applicable to the project, employ
or contract with a sewage treatment plant operator licensed by the
New York State Department of Environmental Conservation to operate
the system as a public utility under the laws of the State of New
York. Such operator shall have a proven track record or performance,
his, her or its qualifications being subject to review and approval
by the Town. The Town shall be further entitled to review the terms
of such agreement. The developer or its successors shall submit contractor
qualifications to the Town for approval prior to execution of any
agreement. Such agreement shall be in place prior to final approval
and start of construction with respect to the system.
(4)
No new off-site (central) sewer system shall be permitted for a residential
project of less than 50 dwelling units in size unless the applicant
is able to definitively demonstrate such system is financially feasible
and will not require sewer rates of more than 1.5% of the current
median household income of Sullivan County. The Town may also require
guarantees of continued financial performance in such instances.
[Added 6-28-2001 by L.L. No. 4-2001]
A.
Purpose. The purpose of these supplemental regulations is to promote
the health, safety and general welfare of the residents of the Town
of Liberty; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunications towers by requiring
careful siting, consideration of visual impact assessment and appropriate
landscaping so as to minimize the impact upon the environment.
B.
Application.
(1)
No telecommunications facility, except those approved prior
to the effective date of this section, shall be used unless in conformity
with these regulations. No telecommunications facility shall hereafter
be erected, moved, reconstructed, changed or altered unless in conformity
with these regulations. No existing structure shall be modified to
serve as a telecommunications facility unless in conformity with these
regulations.
(2)
Applicants proposing a new telecommunications facilities, physical
expansions of existing telecommunications facilities or the location
of telecommunications facilities within or on other existing structures
shall require a special use permits and site plan review hereunder.
(3)
Applicants proposing to co-locate new telecommunications arrays
on a previously approved telecommunications facilities without extending
the height thereof or otherwise physically expanding the facilities
except for additional equipment buildings within previously designated
fenced-in areas shall not require a special use permit or site plan
review but shall require accessory use permits.
(4)
All applications for special use permits to construct telecommunications
facilities shall be accompanied by the following additional information
where applicable:
(a)
Documentation of intent from the owner of any existing facility
to allow shared use of the same.
(b)
A site plan depicting all existing and proposed structures and
improvements including antennas, roads, buildings, guy wires and anchors,
parking and landscaping, and shall include grading plans for new facilities
and roads. Any methods used to conceal the modifications of the existing
facility shall also be indicated on the site plan.
(c)
A professional engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
any existing structure, and explaining what modifications, if any,
will be required in order to so certify. A soils report prepared by
such professional engineer shall also be submitted to support the
design specifications of the foundation for any new tower, and anchors
for the guy wires, if used.
(d)
A completed visual environmental assessment form addendum. This
addendum shall be accompanied by a visual impact assessment which
shall include:
[1]
A Zone of Visibility Map, which shall be provided
in order to determine locations where the tower may be seen.
[2]
Visual representations of "before and after" views
from key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
[3]
Assessment of alternative tower designs and color
schemes (see below).
[4]
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
[5]
Review of those alternative sites determined to
be feasible from an engineering perspective (see requirements below)
to determine which would be in the best interest of preserving the
aesthetic and natural character of the neighborhood.
(e)
A certified copy of the Federal Communications Commission (FCC)
license to operate the telecommunications facility.
(f)
If land is leased, documentation of intent from the owner to
allow use and affirming intent to remove the tower if abandoned, obsolete
or unused for more than 24 months.
(g)
A letter of intent committing the owner of any proposed new
tower and successors in interest to negotiate in good faith for shared
use of the proposed tower by other telecommunications providers in
the future. Failure to abide by the conditions outlined in the letter
may be grounds for revocation of any special use permit granted. The
letter shall commit the new tower owner and his/her successors in
interest to:
[1]
Respond 90 days to a request for information from
a potential shared-use applicant.
[2]
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
[3]
Allow share use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity and depreciation,
and all the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
(h)
Documentation that the proposed tower adequately addresses all
aspects of aviation safety in view of known local aviation traffic
as well as Federal Aviation Regulations (Code of Federal Regulations,
Part 77).
(i)
All property owners and adjacent municipalities within 500 feet
of the outside perimeter of the communications structure, including
guy wires, shall be notified by certified mail at least 10 days prior
to the Planning Board granting special use approval for such a structure.
This responsibility shall be the applicant's and such applicant shall
provide proof of notification as part of their final application.
(j)
A site location alternative analysis, including an analysis of the location priorities set forth in Subsection A of this Section, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1]
How the proposed location of the wireless telecommunication
tower or antennae relates to the objective of providing full wireless
communication services within the Town of Liberty.
[2]
How the proposed location of the wireless telecommunications
tower/facility relates to the location of any existing antennas or
towers within or near the Liberty area.
[3]
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennae
or towers within and near the Town of Liberty by the applicant, and
by other providers of wireless telecommunications services within
the area.
[4]
How the proposed location of the wireless telecommunications
tower/facility relates to the Town's goal of maintaining concealed
or reduced tower height with groups of towers within close proximity
to one another rather than isolated, taller towers with many users
at greater tower heights at random locations throughout the Town of
Liberty.
C.
ANTENNA
ARRAY
TELECOMMUNICATIONS EQUIPMENT BUILDING
TELECOMMUNICATIONS FACILITY
TOWER
Special definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A device of 35 or more feet in height used to collect or
transmit telecommunications or radio signals. Examples are panels,
microwave dishes, and single pole known as whips. This definition
is not meant to include home television or amateur radio apparatus.
Telecommunications signal receiving or transmitting device
attached to telecommunications tower and not extending the height
thereof.
The building in which the electronic receiving and relay
equipment for a telecommunications facility is housed.
Consists of the equipment and structures involved in receiving
or transmitting telecommunication or radio signals, but limited to
those facilities with respect to which the state and federal governments
have not, under public utility laws, strictly preempted the Town of
Liberty from regulating.
A structure of 35 or more feet in height that is intended
to support equipment used to transmit and/or receive telecommunications
signals. Examples of such structures includes monopoles and lattice
construction steel structures.
D.
Design and location standards. The following design and location
standards shall apply to all telecommunications facilities:
(1)
The location of the tower and equipment building shall comply
with all natural resource protection standards of this section.
(2)
An evergreen screen, consisting of a row of eight feet high
evergreen trees planted 10 feet on center maximum, shall be located
around the perimeter of the security fence. The Planning Board may,
however, modify or waive screening requirements if the site is entirely
or partially wooded so as to provide existing screening. Existing
on-site vegetation shall be preserved to the maximum extent possible.
(3)
An eight-foot-high security fence shall completely surround
the tower (and guy wires if used) and equipment building.
(4)
The tower and antenna shall be designed and constructed to all
applicable standards of the American National Standards Institute,
TAI/EIA-222-F manual, as amended, and withstand wind gusts of up to
100 miles per hour.
(5)
An antenna may not be located on a building or structure that
is listed on a historic register or within 500 feet of such a structure.
(6)
Telecommunications facilities shall be permitted as a sole use
on any lot in a AC, RD, IC or SC District subject to special use procedures
and the following:
(a)
Minimum lot size: five acres.
(b)
Minimum yard setback requirements: 200 feet.
(c)
Maximum height: tower, 200 feet; equipment building, 30 feet.
(d)
Provided no residences directly adjoin the site, minimum setback
requirements may be reduced to the fall-down limit plus 15 feet, where
the net effect of requiring the full setback would be to necessitate
additional lighting or tower height. Maximum height requirements may
be exceeded, provided such height can be demonstrated to be absolutely
necessary and the additional height is matched with an equal amount
of additional setbacks on all sides.
(7)
A telecommunications facility shall be permitted on a property
with an existing use subject to the following conditions:
(a)
The telecommunications facility shall be fully automated and
unattended on a daily basis, and shall be visited only for periodic
maintenance.
(b)
Minimum lot area. The minimum lot area required above shall
apply, provided the land remaining for accommodation of the principal
use on the lot shall also continue to comply with the minimum lot
area for the district.
(c)
Minimum setbacks. The minimum yards required above shall apply,
provided the land remaining for accommodation of the principal use
on the lot shall also continue to comply with the minimum yards for
the district.
(d)
Access. The vehicular access to the equipment building shall,
whenever feasible, be provided along the circulation driveways of
the existing use.
(8)
Where an antenna for a telecommunications facility is to be
attached to an existing structure or building it shall be subject
to the following conditions:
(a)
Maximum height: 75 feet above the existing building or structure.
(b)
If the applicant proposes to locate the telecommunications equipment
in a separate building, the building shall comply with the minimum
setback requirements for the subject zoning district, an eight-foot-high
security fence shall surround the building, a buffer yard shall be
planted as required above and vehicular access to the building shall
not interfere with the parking or vehicular circulations on the site
for the principal use.
(c)
Elevations of existing and proposed structures showing width,
depth, and height, use statistical data on the antenna and support
structure shall be presented.
(d)
The antenna or array shall be camouflaged or otherwise designed
to be aesthetically compatible with the existing architectural and
natural environment.
(9)
Notwithstanding minimum setbacks provided for above, any tower
shall be setback from all property lines a distance that is at least
equal to the height of the tower.
(10)
Vehicular access shall be provided to the facility and be of
such passable condition as to be safely accessible by emergency and
maintenance vehicles and equipment. Road construction shall, at all
times, minimize ground disturbance and vegetation cutting to within
the toe of fill, the edge of cuts or no more than 10 feet beyond the
edge of any pavement. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
Parking shall be provided to assure adequate emergency and service
access in accordance with the Code.
(11)
No signs shall be permitted on either the tower or equipment
building, except for those signs required by law or containing such
information as owner contact information, warnings. These signs shall
not exceed two square feet in total area. Absolutely no commercial
advertising shall be permitted on any wireless telecommunications
tower or equipment building.
E.
Plan review criteria. Communications facilities shall be subject
to all the ordinary review criteria applicable to special uses plus
the following:
(1)
The Planning Board shall be satisfied that the tower for the
communications facility is the minimum height necessary for the service
area and that the site chosen is the one that will afford the opportunity
to construct the lowest height communications tower possible, taking
into consideration all lands available within a reasonable distance
including those which may lie within adjoining municipalities.
(2)
The need for additional buffer yard treatment shall be evaluated.
Proximity of the communications structure to existing or platted residential
properties shall be considered in applying such requirements. Existing
trees on the site which serve to provide a natural buffer shall be
preserved unless absolutely required to be removed for purposes of
access or safety.
(3)
Visual assessment data shall be used to determine how the communications
facility will appear once constructed in relation to the surrounding
natural environment and from the perspective of adjacent or nearby
residents as well as travelers. Camouflaging or relocation of the
structure may be required. The Planning Board shall also consider
alternative sites in assessing visual impacts and the imposing of
conditions as may be required to minimize such impacts including requirements
that any tower be of a shape, contour and finish (either painted or
unpainted) that minimizes its visual impact. The Planning Board may
also require a tower to be in the shape of a tree, flagpole, church
steeple or other similar tall structures. Accessory structures shall
similarly maximize the use of building materials, colors and textures
designed to blend with natural surroundings.
(4)
Free-standing pole-type communications structures shall be given
preference over towers supported by guy wires.
(5)
All communications structures shall be lighted for safety in
a manner consistent with industry best practices and where lighted
additional setbacks may be imposed to shield adjacent properties from
the effects of such lighting.
(6)
Should any tower cease to be used as a communications facility,
the owner or operator or then owner of the land on which the tower
is located shall be required to remove the same within one year from
the abandonment of use. Failure to do so shall authorize the Town
of Liberty to remove the facility and charge back the cost of removal
to the foregoing parties. The Town of Liberty may also file a municipal
lien against the land to recover the costs of removal and attorney's
fees.
(7)
Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(11) above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.
(8)
An applicant for approval of a communications structure shall
include with the application evidence of written contact with all
wireless service providers who supply service within the Town for
the purpose of assessing the feasibility of co-located facilities
and co-location shall be mandatory wherever physically feasible. Should
co-location not be feasible, the applicant shall demonstrate that
a good faith effort has been made to mount the antenna on an existing
building or structure, including of proof of contacts, building investigations
and similar evidence. Should such efforts fail to result in a suitable
site, a new communications tower may be permitted, but shall be constructed
to provide available capacity for other providers should there be
a future additional need for such facilities, including provision
of the necessary tower height to accommodate such other users without
adding additional height in the future. Where co-location is proposed,
the different companies using the facility shall also work from common
maintenance and service buildings, if the same are located on the
site.
[Added 10-20-2017 by L.L. No. 3-2017]
A.
Purpose.
The intent of this district is to ensure the comprehensive, planned
future growth and orderly development of transportation facilities
within the Town; and to minimize the adverse effects of a transportation
facility by requiring careful review of locations proposed for development
of a transportation facility to avoid material adverse impacts on
surrounding properties.
B.
Eligibility.
TF District zoning for eligible parcels may be approved by the Town
Board on petition of the property owner. The following are the minimum
requirements for establishing the eligibility of any property for
Transportation Facility District (TF):
C.
Permitted
uses:
(1)
Permitted principal use: Transportation facility, including parking
of buses, vans or limousines, motor vehicle repair services, motor
vehicle bodywork and painting, and installation of fuel tanks and
associated pumps and dispensers.
D.
Development
standards. The following standards are hereby established as the minimum/maximum
requirements, as the case may be, but may be made more restrictive,
where such act is determined appropriate, based upon consideration
of the particular circumstances of the individual application and
its ability to satisfy the purposes of the TF District.
E.
Procedure.
TF District zoning for eligible parcels may be approved by the Town
Board on petition of the property owner. The Town Board will be designated
as the lead agency for compliance with the New York State Environmental
Quality Review Act (SEQRA).
(1)
Preliminary site plan. In the case of an a petition of a property
owner requesting the establishment of a TF District, the applicant
shall submit a preliminary site plan of the proposed transportation
facility showing all proposed buildings and uses on the site and yard
setbacks, the proposed location and design of all driveways, parking
spaces, landscaping and open spaces. The preliminary site plan shall
show the relationship of the proposed facility to adjacent land uses,
and such other information as the Town Board may determine to be reasonably
related to the health, safety and general welfare of the community.
Such plans shall be accompanied by a written business plan, explaining
the operations proposed at the transportation facility.
(2)
Preliminary meeting. The applicant and the licensed professional
preparing the preliminary site plan shall attend a preliminary, informal
meeting of the Town Board lor the purpose of presenting and discussing
the petition.
(3)
Public hearing. The Town Board shall schedule and hold a public hearing
to solicit public input. Notice of the public hearing shall be posted
on the Town's Bulletin Board and published in the Town's official
newspaper, publication to be not less than five nor more than 15 days
prior to the date of the hearing. A copy of such notice, with proof
of posting and publication, shall be filed in the Town Clerk's office.
(4)
Town Board action. Following the close of the public hearing and
completion of the SEQRA process, the Town Board shall act to approve
the parcel as a transportation facility in conformance with the proposed
preliminary site plan, either with or without modifications, or shall
disapprove the petition. In the event of its approval, notification
of the action taken and copies of all materials accompanying the petition
shall be forwarded to the Planning Board for its further review and
action, as appropriate.
(5)
Any amendment to the approved preliminary site plan shall follow
the same procedure as set forth above.
