Commercial recreation facilities shall be permitted as defined in this chapter but subject to § 310-4.9. However, survival games and paintball activities shall be prohibited.
A.
Domestic farm animals.
(1)
Domestic farm animals accessory to a one-family dwelling are
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
shall there be in excess of 20 individual animals in a Class II agriculture
operation, excluding poultry. Poultry shall not exceed 50 birds. Animal
weights shall be calculated in accordance with Table 4, Animal Weights.
|
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
| |
(2)
Domestic farm animals are allowed only in the following zoning
districts: REC and AG.
(3)
Any building housing domestic farm animals shall not be closer
to any property line than 150 feet. If adjacent to an R or HR District,
the required setbacks shall be 300 feet. Any permitted domestic farm
animal shall be kept on the property in which it is allowed and shall
be prohibited from roaming onto adjacent or neighboring properties
and roadways.
B.
CAFOs regulated.
(1)
Any agricultural operation meeting the thresholds of a "concentrated
animal feeding operation (CAFO)" as defined by the State of New York
regulations (6 NYCRR 750-1.2(a)(21), shall be classified as a concentrated
animal feeding operation (CAFO) use for the purposes of this chapter
and shall be prohibited outside of any State-Designated Agricultural
District established pursuant to Article 25AA of the Agriculture and
Markets Law.
(2)
Nutrient management plan required. All concentrated animal feeding
operations shall comply with all regulations regarding the preparation
of and compliance with a certified comprehensive nutrient management
plan, as defined by the New York State Department of Environmental
Conservation.
(3)
Good housekeeping of facilities and grounds shall be practiced at all times and shall be subject to periodic inspection by the Code Enforcement Officer. The violation of any terms of this section, including the comprehensive nutrient management plan, shall be deemed a violation of performance standards subject to abatement in accordance with § 310-5.19.
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, sleep-away camps and retreats, 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 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 bed. One dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory beds, or major part thereof, and the density shall be based on the density allowed for a single-family dwelling applicable to the zoning district in which it is located. The dormitory room and dwelling unit density shall be calculated after netting out environmental constraints as required in § 310-5.4, and after excluding 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, and 35
feet.
J.
No dormitory room or dwelling unit shall be permitted in any basement
or cellar.
This section shall apply to the subdivision of land into two
or more residential building lots, the development of lots for duplex
developments, manufactured home developments, PUD and PRD developments,
townhouse developments, multiple residences, 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.
The following shall control the location, height and design
of fences or hedges:
A.
In a residential zone, no fence or hedge shall be permitted in the
front yard area which will restrict visibility or be greater than
four feet in height.
[Amended 7-13-2020 by L.L. No. 10-2020]
(1)
No
fence in a rear or side yard shall be greater in height than eight
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 firefighting equipment, etc.
H.
Fences or hedges shall be maintained continuously 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 by the Code Enforcement Office when additional fence
or hedge height is required for a pool for religious purposes, only
after the applicant submits a drawing stamped by a licensed engineer
and a building permit has been issued. Any fences or hedges that exceed
10 feet in height shall required Planning Board review and approval.
[Added 7-26-2021 by L.L. No. 10-2021]
A.
In any legally existing dwelling unit or accessory structure, a home
occupation may be conducted, provided it is in compliance with the
New York State Uniform Fire Prevention and Building Code and the following
Town performance standards:
(1)
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 the 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.
(2)
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.
(3)
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.
(4)
Number of employees. Home occupations shall not employ more
than one nonresident of the household on premises on a regular basis.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
Adverse impacts.
(a)
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.
(b)
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.
(10)
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..
(11)
Garage sales and yard sales. Home occupations do not include
garage sales and yard sales.
(12)
Home occupations shall be permitted subject to site plan review
by the Planning Board.
B.
Exemption for farm produce stand. Planning Board approvals shall
not be required for farm produce stands accessory to a farm dwelling
or an agricultural operation within the Town of Fallsburg on properties
located within the AG Districts or farms located within a New York
State Agricultural District as established under New York State Agriculture
and Markets Law. Farm stand signs shall not exceed four square feet
and shall be limited to not more than two signs.
[Amended 7-26-2021 by L.L. No. 14-2021]
Hunting and fishing cabins shall be placed no less than 100
feet from the edge of the road pavement. They shall have a floor area
between 600 square feet and 800 square feet dependent on the zone
in which the property is located. Cabins shall not exceed 800 square
feet and may not be occupied for more than 30 consecutive days in
any calendar year. 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, except as allowed in the B Zoning District subject
to site plan approval only. 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.
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 public 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,[1] the Planning Board may deny such permit without further
requirements for findings hereunder.
[1]
Editor's Note: See 42 U.S.C. § 2000(e) et seq.
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.
Junkyards and dumps must comply with all requirements of § 310-5.20. 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.
F.
Invasive species. No application shall be approved which includes
landscaping materials identified as invasive species as set forth
in NYCRR Part 575.
G.
Where the standards in this section are inconsistent with provisions
elsewhere in this chapter or the Town Code, the more restrictive shall
apply.
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 and certain
residential developments, including PRD, PUD, duplex, townhouse, manufactured
home developments and multifamily developments, 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.
B.
Timing mechanisms. Timing mechanisms and photo cells to reduce light
levels and conserve energy during nonoperational hours shall be installed.
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 ninety-degree
angle measured from the vertical line from the center of the lamp.
G.
Type of fixture. Examples of appropriate lighting fixtures are illustrated
below.
 |
To preserve neighborhood character and avoid excessive dissimilarity
in existing residential one-family areas, the following standards
shall apply to manufactured homes on individual lots:
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.
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 private or public 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
United States 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
to 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.
(2)
Supports or stands for fuel storage tanks are to be of a noncombustible
material.
(3)
All fuel oil tanks and liquefied petroleum gas tanks shall be
located not less than five feet from any exit.
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 one-hundred-ampere electrical 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
1 to May 1. 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.
The following standards shall apply to multifamily developments
constructed after the effective date of this chapter. Existing legal
multifamily 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 and water required. All multifamily developments shall
be serviced by approved public sewer and public 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 residential density equivalent to 10% of dwelling units
allowed on the property in accordance with the district regulations,
provided these additional units shall be designed for, and the occupancy
restricted to, persons 60 years of age or older. Such units shall
consist of no more than one bedroom.
E.
Landscaping and buffering. Multifamily developments shall be buffered
from surrounding conventional residence areas by landscaping or fencing
areas occupying the required yards.
F.
Design. Multifamily building design features:
(1)
No multifamily building shall be longer than 160 feet.
(2)
No horizontal roofline 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)
No multifamily building shall be located closer than 31 feet
to another multifamily building, and said space shall be landscaped.
The only improvements permitted within this minimum separation distance
are walkways, and landings or decks of less than five feet in width
and earthwork retaining walls. No porch or similar structure shall
protrude or be installed into this required separation. If fire flow
calculations can be met, per ISO standards, then the required separation
distance between buildings may be reduced to a minimum of 25 feet.
[Amended 7-13-2020 by L.L. No. 8-2020]
(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.
(9)
Walks shall be provided throughout the development area that
will insure that vehicular drives shall not be required for pedestrian
circulation.
G.
Termination of a nonconforming multifamily development use. The discontinuance of a nonconforming use for a period of two years and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and subject to the termination requirements of § 310-9.8.
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.
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. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |||
|
Type of Use and Proximity to Residential Development
|
dB(A)
|
dB(C)
|
dB(A)
|
dB(C)
|
|
Commercial and 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 51.2-1962, 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 commercial and industrial uses 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:
(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.
(4)
Activities of a temporary nature unable to meet these requirements,
upon approval following development review by the Planning Board.
E.
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 operations.
(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.
F.
Any
violation of any provision of this chapter or any term or provision
of any permit issued hereunder shall be deemed a violation of this
chapter.
[Added 7-26-2021 by L.L. No. 11-2021]
(1)
Upon receipt of a complaint, a Code Enforcement Officer or Fallsburg
police officer shall investigate, and, if determined that a violation
exists, the officer shall serve a notice of violation ordering the
violation to be remedied. The notice shall state the nature of the
violation and the Code section violated. The notice shall advise as
to the time to remedy (which could be immediately in certain circumstances)
as well as state that failure to comply may result in proceedings
to compel compliance and/or assess penalties in accordance with the
Town of Fallsburg Code.
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.
EPA-APPROVED
OWB
SMOKESTACK
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
What is commonly known as a "chimney."
D.
The permitted use of all OWBs located within the Town of Fallsburg shall not violate § 310-5.20 or § 310-5.19A(4) of the Zoning Chapter. An order to remedy and cease usage may be issued by the Code Enforcement Office for OWBs determined to be in violation of § 310-5.20 or § 310-5.19, 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, HR, PUD,
PRD, B 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 of any rear
or side lot 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)
New smokestacks shall be no less than two feet above the peak
of the roof associated with the dwelling which it serves. 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 in 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)
Preexisting 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 violation 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 § 310-5.26).
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.
D.
Fee. The annual fee for processing an outdoor cafe application shall
be as set from time to time by resolution of the Town Board.
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 shall comply with the following performance standards
that are herein established to eliminate the potential introduction
or creation of any dangerous or objectionable elements:
A.
Measurement at the point of emission. Unless otherwise set forth
herein, the following dangerous and objectionable elements shall be
measured at the point of occurrence and at the location of the use
creating same, 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. Except for the storage of firewood and heating
fuel accessory to the operation of a permitted principal or special
use, all activities involving, and all storage of, flammable and explosive
materials shall be provided with adequate approved safety devices
against the hazard of fire and adequate firefighting 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 and 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 United States
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 opacity. 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. Any use which does not comply with the performance standards set forth in § 310-5.19 is prohibited.
Public utility buildings and high-voltage substations must be
fully screened and buffered from surrounding uses to limit their visibility
from adjoining properties and roads to the maximum extent practicable.
The Planning Board, in its discretion, may require a combination of
fences, berms and landscape materials, including those tha t provide
year-round screening, in order to achieve this standard.
Before receiving approval by the Planning Board, all proposed
reservoirs and water impoundments require a permit issued by the New
York State 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.
Sewer pump stations and water pumps require all applicable State
Department of Health and Department of Environmental Conservation
permits and must be fully screened so as to limit their visibility
from adjoining properties and roads to the maximum extent practicable.
Any buildings shall be designed to ensure compatibility with surrounding
structures, any should incorporate residential architectural elements,
including, but not limited to, a pitched roof and window shutters.
The Planning Board, in its discretion, may require a combination of
fences, berms and landscape materials, including those that provide
year-round screening to achieve this standard.
It is the purpose of these regulations to assure that consideration
of environmental factors is incorporated into the planning and decision-making
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, propane or any
other highly flammable liquids, in aboveground tanks with a combined
storage capacity greater than 1,100 gallons, shall be prohibited in
all districts unless such tanks up to and including ten-thousand-gallon
capacity are placed not less than 50 feet from all property lines
and unless all such tanks of more than ten-thousand-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 contained
within a secondary containment having a capacity not less than 1 1/2
times the capacity of the tank, or shall otherwise comply with 6 NYCRR
Part 613, Petroleum Bulk Storage, and all other county or state regulations
governing same.
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, B, or AG Districts
when in conjunction with a legally established business or agricultural
operation and only for the specified amounts of time 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 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
the 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, I, and AG zones as described above.
G.
In zones other than B, I, and AG, 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 storage container permits shall be set by the Fallsburg
Town Board.
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 one-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.
A.
Sidewalks shall be kept free of snow and other obstructions pursuant to § 257-9 of the Town of Fallsburg Code.
B.
The owners of all day or sleepaway camps, duplex developments, multifamily
dwellings, townhomes, planned resort developments, retreats, business
and professional offices, commercial buildings, and all condominium
associations shall remove all snow and ice from all privately owned
parking areas and private access roads or drives thereto under their
control, and from all fire lanes within 10 daylight hours after the
cessation of a snowstorm. Access to all dwellings and buildings shall
be provided for emergency vehicles within 10 daylight hours after
cessation of a snowstorm.
C.
Compliance with Subsection B above may be waived by the Town Board if the property owner or managing corporation provides documentation acceptable to the Town Attorney, waiving the Town of any liability and holding the Town harmless for any inability to access the subject property and structures in an emergency.
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 and AG
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.
Duplex developments are allowed in the R Residence and HR 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:
(1)
General requirements.
(a)
Subdivision of individual duplex unit lots, when proposed, shall
be in accordance with the Town Subdivision Regulations.[1] 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.
(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 one-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.
(f)
Any development of three or more duplex structures (six dwelling
units), regardless of the form of ownership, shall be governed by
this chapter.
(g)
A mix of duplex and one-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.
(2)
Size of lot and density of development.
(a)
The minimum lot width of a duplex lot shall be 60 feet if the
duplex development is formed as a fee simple subdivision.
(b)
Density and lot coverage requirements.
[1]
A minimum of 14,500 square feet of lot area shall
be provided per dwelling unit for a proposed duplex development in
the R Residence District.
[2]
A minimum of 12,500 square feet of lot area shall
be provided per dwelling unit for a proposed duplex development in
the HR Hamlet Residence District.
[3]
In either R or HR Districts, 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."[2]
(3)
Yard and setback requirements.
(a)
Duplex development site. It is the intent of this section to
treat the yard and setback requirements for duplex developments differently
when located in hamlet centers or when located in areas surrounding
hamlet centers. When located outside of hamlet centers, duplex developments
should be visually buffered from surrounding uses. When located in
hamlet centers, duplex developments should be integrated with the
hamlet streetscape, visually compatible with existing hamlet development,
and strongly connected to the pedestrian and street facilities. The
following standards apply when duplex developments are located in
the R or HR Districts:
[1]
Front yard and setback from external public right-of-way
or frontage street; buffer.
[a]
In the R District, a minimum front yard and front
setback of 150 feet from an external public right-of-way or frontage
street shall be provided and any existing vegetation shall remain
undisturbed within 75 feet of the streetline or right-of-way line
of the road giving access and street frontage to the development.
This vegetative buffer in the first 75 feet shall provide year-round
screening of the development from the public right-of-way. The Planning
Board, in its discretion, may require the vegetative buffer to be
supplemented with earthen berms, trees, shrubs, and additional landscaping
to achieve the objective of a year-round vegetative buffer in a quantity
and type to be determined by the Planning Board. Driveways, parking
and maneuvering spaces, stormwater management facilities and other
accessory uses other than buildings may be located behind the seventy-five-foot
vegetative buffer in the remainder of the one-hundred-fifty-foot required
front yard. The location of the edge of the required undisturbed buffer
shall be flagged prior to the commencement of clearing, grading or
construction to prevent accidental incursions during the site development
process. In the R District, the minimum side and rear yards and setbacks
shall be 50 feet from an external public right-of-way or frontage
street.
[b]
In the HR District, a minimum front yard and front
setback of 35 feet from an external public right-of-way or frontage
street shall be provided. Parking and maneuvering spaces, internal
access roads, and stormwater management facilities shall be prohibited
from the required front yard. The building facades, walkways, and
any features of the front yard shall be oriented, connected, and integrated
to the pedestrian facilities of the frontage street of the hamlet.
Chain link fences shall be prohibited, and any fencing shall be no
higher than four feet. In the HR District, the minimum side and rear
yards and minimum side and rear setbacks shall be 25 feet from an
external public right-of-way or frontage street.
[2]
Side and rear yard buffers.
[a]
In the R District, an undisturbed vegetative buffer
of a minimum of 50 feet shall be provided around the perimeter of
the duplex development site along other lot lines than the front lot
line. Where necessary, the Planning Board may require plantings to
provide a visual buffer between the duplex development and adjacent
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. The Planning Board, in its discretion, may require the
vegetative buffer to be supplemented with earthen berms, trees, shrubs,
and additional landscaping to achieve the objective of a year-round
vegetative buffer in a quantity and type to be determined by the Planning
Board.
[b]
In the HR District, this undisturbed buffer required
may be reduced to 15 feet. The location of the edge of the required
undisturbed buffer shall be flagged prior to the commencement of clearing,
grading or construction to prevent accidental incursions during the
site development process.
[3]
Interior access roads other than the entrances
or exits giving direct access to and from the development's frontage
street shall be situated at least 75 feet back from all property lines
in the R District, and at least 35 feet in the HR District.
(b)
Duplex buildings, distances between buildings and setbacks from
internal access streets.
[1]
Front yard and front setback between duplex buildings
and internal street. In the R and HR Districts, a front yard and front
setback of 15 feet from the building front to any internal street
or drive shall be required for duplex buildings.
[2]
Rear yard and rear setback between duplex buildings
and internal street. In the R and HR Districts, each duplex building
shall have a minimum rear yard and rear setback of not less than 25
feet.
[3]
Side yards and side setbacks between duplex buildings,
including accessory structures, and internal street. Each duplex building
and each accessory structure shall have two side yards not less than
15 feet six inches and shall have a minimum building separation for
31 feet. The only items permitted within this separation area are
walkways, landings or decks of less than five feet in width, and earthwork
retaining walls. Except as permitted in the prior sentence, no porch,
accessory structure, any structure or obstruction may protrude or
be installed into this required separation area. If fire flow calculations
can be met per ISO standards, then the required separation distance
between buildings and structures can be reduced to a minimum of 25
feet.
[Amended 7-13-2020 by L.L. No. 8-2020; 11-14-2022 by L.L. No. 11-2022]
(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.
(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)
The design of duplex buildings and associated accessory buildings
shall be reviewed by the Planning Board with such design elements
as dormers, roof and gable end overhangs, covered entryways, windows
with shutters, etc., to provide visual interest, particularly in areas
with higher visibility to adjacent development, pedestrian, or street
traffic. The Planning Board may refer the application to the Architectural
Review Board for its recommendations. Prior to the approval of the
design, the Planning Board shall set the review of the building elevations
and landscaping as a separately noticed agenda item for the purpose
of notice and obtaining public input.
(d)
Duplex units shall be separated by a common party wall that
is designed to meet the New York State Uniform Fire Protection and
Building Code.
(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.
(a)
An internal 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
and bicycle 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)
Duplex developments in the HR zone shall be designed in a manner
which integrates roads, sidewalks, and other improvements with other
neighborhoods in the HR Zoning District. Within the HR Zoning District,
both internal and external pedestrian sidewalks that extend the public
sidewalk system may be required by the Planning Board within all duplex
developments and along their public street frontage. Sidewalks, if
required, 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. Curbing may also be
required.
(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 than 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 minimum drip-line
diameter of 20 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.
(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.
(g)
Duplex developments shall be designed so as to incorporate existing
natural wooded vegetation throughout the layout of the site. Duplex
developments shall be designed and integrated and follow the natural
topography in a manner that limits site grading. No more than five
duplex buildings shall be arranged in a single series, pod or set.
Each series, grouping or set of five duplex buildings shall be separated
by a sixty-two-foot vegetative buffer between the next series, pod
or set of duplex buildings. Said buffer shall consist of existing
wooded vegetation which shall be preserved in its natural state. The
Planning Board shall have the discretion to determine those wooded
areas within the site which shall be preserved to accomplish this
objective.
(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. Common open space may
include, but is not limited to, land left in either a landscaped or
undisturbed state for passive uses such as observing wildlife, walking
or picnicking. Recreational amenities may include, but are not limited
to, lands dedicated to active recreation such as games, playgrounds
or sports, and may include accessory structures. Common open space
and recreational amenities shall be provided in accordance with the
following standards:
[1]
The minimum lot area for common open space and
recreational amenities shall be 5,000 square feet.
[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.
(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 New York State Electric and Gas Corporation (NYSEG).
(d)
Public sewer and water required. All duplex developments shall
be serviced by approved public sewer and water.
(11)
Size limitations.
(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 this section 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 provisions required in this section shall be provided to
and approved by the Planning Board prior to granting subdivision or
site plan approval.
(12)
Right to inspect. To insure compliance with the requirements
of this section, 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 these regulations 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.
(13)
Enforcement. Any violation of the provisions of this section
(§ 310.5.30) shall be subject to fines and penalties, as
follows:
(a)
Fines. Fines for violating the provisions of this section shall
be established by the Town Board by resolution.
[Amended 7-13-2020 by L.L. No. 5-2020]
(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 the certificate of occupancy.
The following standards shall apply to two-family residences
constructed after the effective date of this chapter. A two-family
dwelling development wherein each two-family dwelling is constructed
on an individual lot and not located with other two-family dwellings
on common land shall meet the bulk requirements applicable to the
district in which it is located, and their design may be referred
to the Architectural Review Board for its recommendations and approval.
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, unless each two-family dwelling is situated on
an individual lot.
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.
The installation of more than one kitchen within any individual
dwelling unit shall be prohibited unless the applicant can establish
to the satisfaction of the Code Enforcement Officer that such an additional
kitchen will not be used for purposes of creating an additional dwelling
unit, as defined by the ICC Code and this chapter, within the subject
building.
As a condition of site plan or subdivision approval of any development
located within the R, HR, MX, B, or NB, the Planning Board may require
the installation of sidewalks along the frontage of the development
to allow connection to the hamlet centers.
