Berne Town City Zoning Code
ARTICLE VI
Special Uses
§ 190-25 Conditions for uses requiring special use permits.
The types of uses for which special permits are required shall be deemed to be permitted in their respective districts, subject, as to each specific use, to the satisfaction of the requirements and the standards set forth in the following §§ 190-26 through 190-42 and according to requirements of Article IX, § 190-64, Special use permits, herein. Each specific use for which a special permit is sought shall be considered as an individual case and shall conform to the detailed application of such standards, in a manner appropriate to the particular circumstances of the permitted use.
§ 190-26 Protection of agriculture from potentially incompatible uses.
A.
Agricultural buffers. Wherever agricultural uses and other uses unrelated to the agricultural operations abut, buffers shall be provided to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances related to the agricultural operation. Provision of buffers shall be the responsibility of the proponent of the nonagricultural use, unless such use predates the agricultural use. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.
B.
Required disclosure statement. In the case of any proposed residential development that abuts agricultural uses, the Planning Board may require the applicant to issue a disclosure to potential purchasers of lots or dwelling units, informing such purchasers that living next to agricultural operations may on occasion subject them to unpleasant odors and noises and that the application of agricultural chemicals may occur on such agricultural land. This disclosure may be required as a note on a subdivision plat or site plan, along with a requirement that such disclosure be made in writing in a real estate listing sheet or contract of sale. The Planning Board may require that such a disclosure statement be reviewed and approved by the Planning Board. This section may also be applied to any commercial development within the jurisdiction of the Zoning Board of Appeals which abuts agricultural land, at the discretion of the Zoning Board of Appeals.
§ 190-27 Aircraft landing fields.
All federal, state and local governmental rules and regulations shall be fully complied with. There shall be a finding by the Zoning Board of Appeals that such aircraft landing field shall not cause a hazard to or be detrimental to nearby properties and buildings both in the Town and adjacent municipalities considering the location of buildings accessory to the aircraft landing field, approach and takeoff patterns and lights before any aircraft landing field may be established. Airports, as herein defined, are not a permitted use.
§ 190-28 Automotive wrecking yards.
Automotive wrecking yards shall be allowed by special use permit in a Neighborhood Commercial (NC) and General Commercial (GC) Zones subject to the following conditions:
A.
The lot must be at least three acres, with a minimum frontage of 250 feet.
B.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
C.
The auto wrecking yard must be certified by the New York State Department of Motor Vehicles as an auto repair shop.
D.
All vehicles, vehicle parts, and equipment must be stored either in a building or in a storage area.
E.
The storage area can cover no more than one acre.
F.
The storage area must be located so that either its contents are not visible from any public road or the portion that would be visible must be shielded from view by an opaque fence not less than seven feet high.
G.
The storage area must be located as to minimize its visibility from surrounding residential areas. An opaque fence or plantings may be used to reduce the storage area's visibility.
H.
The storage area must be at least 70 feet from the front lot line and 20 feet from the side and rear lot lines.
I.
The storage area cannot be located in a floodplain or other environmentally sensitive area.
§ 190-29 Cemeteries and crematories.
No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots of less than six feet in height may be located not closer than 20 feet from any residential lot line. Crematories shall be located only in cemeteries.
§ 190-30 Conversion and change of use of residences.
A.
Seasonal residences.
(1)
Prior to converting a seasonal residence to a year-round residence, it shall be demonstrated that there exists a functioning sewage disposal system and an adequate water supply servicing the residence in accordance with § 190-17C, Sanitary disposal and water supply, herein.
(2)
Such inspection shall have occurred not more than one year prior to application for a special use permit to allow such a conversion and shall have been conducted or approved by the Albany County Department of Health.
B.
Conversion of residence to commercial use. Prior to converting any residence to commercial use, it shall be demonstrated that there exists a functioning sewage disposal system and an adequate water supply servicing the structure in accordance with § 190-17C, Sanitary disposal and water supply, herein. Such inspection shall have occurred not more than one year prior to application for a special use permit to allow such a conversion and shall have been conducted or approved by the Albany County Department of Health.
§ 190-31 Drive-in movie theater.
Drive-in movie theaters must have:
A.
A minimum lot area of 480,000 square feet, preferably 600 feet by 800 feet;
B.
A one-hundred-foot extension on one side and fifty-foot extension on second side for each 100 cars of capacity above 500 cars;
C.
One-hundred-foot front yard for service facilities;
D.
One ticket booth for each 300 cars or fraction thereof of the total capacity;
E.
Screens are prohibited from facing major highways;
F.
Waiting or storage space, off the highway or streets, permissible in front yard equal to 25% of the total capacity; and
G.
Approval as a place of public assembly of the structures and layout by the New York State Department of Labor.
§ 190-32 Excavation for soil mining.
Excavation for the purpose of soil mining, such as gravel pits, quarrying, or any subsoil removal, shall be allowed only by special permit in the RAF District or IND District, subject to Article V, § 190-17B, Excavations, herein and the following provisions:
A.
Before a special permit is issued, the applicant shall submit to the Planning Board and the Board of Appeals two copies of a map at a scale of one inch equals not more than 100 feet showing all land within 200 feet of the proposed soil mining area or premises, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at two-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy.
B.
The applicant shall also submit to the Planning Board and the Zoning Board of Appeals two copies of the proposed plan of excavation at the same scale as above showing the proposed finished elevations at one-foot contour intervals and the proposed drainage plan.
C.
During any excavation or quarry operations, excepting shale bank operations, open pits and quarry walls shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area with suitable gates provided with locks. Top and/or toe of slope of any excavation, including shale banks, shall be not closer than 100 feet to a property line.
D.
The applicant shall be required to furnish a performance bond, in an amount determined by the Building and Zoning Administrator, to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Building and Zoning Administrator that all requirements, including the finished grading and drainage, have been complied with.
E.
No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for an additional two years, upon approval of the Board of Appeals.
F.
Upon approval, one copy of the approved excavation plan shall be returned to the applicant by the Town Clerk, together with the special permit, upon the payment of a fee as promulgated from time to time by the Town Board to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.
§ 190-33 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Except in the TN/MU2 District, filling stations shall be permitted only on lots of 1 1/2 acres or more, with 250 feet minimum frontage. In the TN/MU2 District, Article IV shall govern density standards for the TN/MU2 District, and there shall be 150 feet minimum frontage.
B.
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
C.
No fuel pump shall be located closer than 20 feet from any side lot line nor closer than 35 feet from any street line, measured from the outside of the fuel island.
D.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 25 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment, except by special permit of the Zoning Board of Appeals as provided by this chapter.
E.
The Planning Board may limit the number of gas pumps to ensure consistency in scale between the gas filling station and adjacent land uses.
F.
There shall be no glare of gas canopy islands outside the boundaries of the site.
G.
All gas canopy lights shall be recessed with no bulb, lens or globes extending below the casing or canopy ceiling.
H.
No signs shall be allowed on the canopy mansard, fascia or roof area covering gas dispensers.
I.
There shall be no amplified sound audible at property lines.
J.
All pumps, pump islands, tanks, piping and canopies shall be removed when fuel-dispensing activity has been inactive for a period of 12 months.
K.
Construction, maintenance and inspection of any gas filling station shall use all applicable federal, state and county environmental protection and mitigation requirements relative to installation, use and removal of tanks and pumps.
L.
The Town may require a bond to cover costs related to possible future cleanup of underground tanks, contaminated soils, or site restoration.
M.
For gas filling stations proposed in the TN/MU2 District, the Planning Board shall require a traffic impact analysis.
N.
Applicants shall prepare and maintain on site an acceptable spill prevention, control and countermeasure plan prepared under the supervision of a professional licensed engineer.
O.
Employees shall be up-to-date in spill prevention training.
P.
Owners of underground storage facilities for oil or gas shall maintain financial responsibility for costs associated with the cleanup of releases from systems, the implementation of corrective measures, and compensation for third-party damages in the amount equal to or greater than $1,000,000.
Q.
The Zoning Board of Appeals may limit hours of operation or limit acceptable hours of fuel delivery.
R.
Applicants shall evaluate site conditions and provide information, analysis, and evidence that the proposed gasoline filling station will not degrade the quality of groundwater. Mitigation measures, including but not limited to use of steel aboveground tanks encased in concrete, shall be implemented to reduce or eliminate risks to groundwater.
§ 190-34 Home occupation.
[Amended 7-14-2021 by L.L. No. 3-2021]
The following standards are applicable to home occupations:
A.
An individual may conduct his or her business, trade or profession in his or her home or residence, or an accessory building provided that:
(1)
No other professional shall be permitted to share, let, or sublet space for professional use.
(2)
There be no external evidence of such use except for one sign that shall comply with Town of Berne Chapter 190, notwithstanding anything contrary in Chapter 190, Article V, Supplemental Regulations, § 190-19, Signs.
(3)
There shall be no exterior storage of business materials or equipment.
(4)
All exterior aspects of the home occupation shall not disrupt the residential character of the area.
(5)
No home occupation shall produce any odor, noise, vibration, smoke, dust, heat, glare or traffic that exceeds the average level in the immediate vicinity and is detectable beyond the property line of such parcel.
(6)
Adequate parking for customers and on-site employees, in addition to that which is necessary for owners and tenants, shall be maintained and comply with Town of Berne Code, Chapter 190, Zoning, Article V, Supplemental Regulations § 190-18, Off-street parking and loading regulations.
(7)
Any accessory building where a home occupation is utilized shall meet all applicable building and safety codes consistent with the intended use.
B.
Home occupation, major: No more than 25% of the total floor area of a dwelling may be utilized. If located in an accessory building, all of the building may be utilized. A home occupation shall be considered major if customers, clients, sales representatives or other individuals for the purpose of conducting business are allowed to enter premises, or if there are three or more on-site employees in addition to the owners or tenants of the property. A permit is required.
C.
Home occupation, minor: Not more than 25% of the total floor area of a dwelling may be utilized. If located in an accessory building, all of the building may be utilized. A home occupation shall be considered minor if no customers or clients are allowed to enter the premises and there are no more than two employees in addition to the owners or tenants of the property. Minor home occupations shall be permitted by right, with the filing of a minor home occupation registration form.
§ 190-35 Hospital.
All hospitals shall have a minimum lot area of eight acres and a minimum distance from any lot line to any building of 100 feet. Parking shall be provided in accordance with regulations set forth in Article V, § 190-18.
§ 190-36 Kennels and veterinary/animal hospital clinic.
Kennels shall be allowed by special use permit in RAF, NC and GC Zones subject to the following conditions:
A.
Shelters for animals within kennels shall not be closer than 100 feet to any side or rear lot lines. No shelters shall be permitted in the front yard.
B.
No outdoor area enclosed by fences shall be permitted within the front yard. Fenced areas shall not be located closer than 50 feet from the side or rear lot line.
C.
No kennel shall be located closer than 300 feet to an existing residential dwelling on an adjacent lot.
D.
There shall be no incineration of any refuse upon the premises.
E.
The site plan shall contain provisions for adequate measures to prevent offensive noise and odor and disposal of all animal wastes.
§ 190-37 Membership or private club; community building.
All membership or private clubs and community buildings shall have a minimum lot area of eight acres and a minimum distance from any lot line to a principal building of 100 feet; no off-street parking in required front yard; off-street parking as required by Article V, § 190-18.
§ 190-38 Mobile homes and house trailers.
A.
Trailer parks:
(1)
No person being the owner, occupant or tenant of land or premises within the Town of Berne shall use or permit the use of said land or premises as a trailer park without obtaining a permit therefor. A trailer park permit shall be valid until the December 31 next succeeding the date of its issuance. The application for renewal shall be in writing on an approved form.
(2)
The applicant for a trailer park permit or for a renewal thereof shall, at the time of making such application, pay a fee equal to $5 per unit based upon the maximum number of house trailers to be accommodated as shown by the application or such other fee per unit as the Town Board may from time to time establish by resolution.
B.
Trailer park regulations:
(1)
No trailer park shall be located within 1,000 feet of the boundary line of any property used for public school purposes.
(2)
All lands used as a trailer park shall be well drained and free from heavy or dense growth of brush or weeds. The land shall be properly graded to insure proper drainage during and following rainfall and shall at all times be so drained as to be free from stagnant pools of water.
(3)
Each trailer park constructed, altered or expanded after the effective date of this chapter shall be subdivided and marked off into units numbered consecutively, the number being conspicuously posted on each unit; such number shall correspond with the number assigned to such units as shown on the plans submitted with the application required for a permit or renewal of a permit. Each unit shall contain a minimum of 5,000 square feet and shall have gravel or other approved base on which the house trailer shall be set, such base having a minimum size of 10 feet by 50 feet, and in no event shall a house trailer protrude or hang over such base. Each house trailer shall be placed on approved piers or foundation with adequate tie-down of such trailer. No more than one house trailer shall be permitted to park or remain on any one unit. All house trailers, including additions, shall have a minimum front yard of 20 feet, minimum side yard of 10 feet and a minimum rear yard of 25 feet. The units shall be grouped in blocks with streets at least 25 feet wide between each block. Each street shall be of shale or of macadam surface or equal. Each unit shall have access to a street. No unit shall be located within 100 feet of any public street or highway or within 40 feet of any adjacent property line. The trailer park shall be kept in a neat and sanitary condition at all times.
(4)
Each such trailer park shall be provided with proper water connections for each unit.
(5)
A sufficient supply of pure drinking water shall be provided for each unit. Such water supply shall be approved by the Department of Health of the County of Albany.
(6)
No house trailer not containing a working water closet, lavatory, and shower or bathtub shall be allowed to park or remain in any trailer park unless said park contains independent sanitary facilities approved by the Department of Health of the County of Albany and the Building and Zoning Administrator as sufficient for such use.
(7)
All sewerage and other water-carried waste shall be disposed of into a municipal sewerage system whenever possible. In trailer parks in which such connections are not available, disposal systems shall comply with applicable regulations of the Town, the New York State and Albany County Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities. When a water-carried system of sewage disposal is used, each unit shall be provided with a sewer connection for the combined liquid waste outlet or outlets of each house trailer. A water- and odortight connection from the trailer water drainage to the sewer connection shall be provided, and such connections shall remain at all times while the house trailer remains parked in such trailer park. Sewer connections in unoccupied units shall be closed so that they shall emit no odors. No sewerage shall be allowed to fall upon the ground.
(8)
Each trailer park shall provide appropriate facilities for collection of recyclables and equipment sufficient to prevent littering of the grounds with rubbish, garbage and refuse, and shall be equipped with flytight metal depositories of sufficient size and number to contain all the refuse and garbage which may accumulate between removals from the trailer park.
(9)
Each trailer park shall provide weatherproof electric service connections and outlets for each unit. All electrical installations shall be approved by the New York State Board of Fire Underwriters.
(10)
Insect and rodent control measures as required by the Building and Zoning Administrator shall be taken, and accumulation of debris shall not be permitted.
(11)
All piping from fuel storage tanks or cylinders shall be permanently installed and securely fastened in place. All such tanks and cylinders shall be securely fastened in place and shall not be located beneath any house trailer.
(12)
A telephone shall be maintained in working order at each trailer park for use of the occupants in emergencies. Such telephone may be of the coin-operated type.
(13)
Each trailer park shall be completely fenced, except at entranceways, with a solid, opaque fence around the entire premises. Such fence shall be eight feet high and shall be set back 15 feet from all rights-of-way and property lines. The requirements of this section may be waived by the Zoning Board of Appeals, in its discretion, upon its finding that topographical or other natural features make such fence unnecessary.
(14)
No boats, campers, travel trailers, recreational vehicles, or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a trailer park except in areas designated and approved for such storage as part of the site development plan.
(15)
Each roadway shall be named and noted upon signs at each roadway intersection. Each trailer lot shall be assigned a permanent number which shall be noted on the lot in a location clearly visible from the roadway.
(16)
Every trailer park shall have a recreational area or open space area for use by the occupants of the trailer park. Such areas shall be as centrally located as the topography and design of the park permit. Such areas shall be not less than 8% of the gross site area of the park. No trailer site, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.
C.
Recreational trailer parks:
(1)
No person being the owner, occupant or tenant of land or premises within the Town of Berne shall use or permit the use of said land or premises as a recreational trailer park without obtaining a permit therefor. A recreational trailer park permit shall be valid until the December 31 next succeeding the date of the issuance. The application for renewal shall be in writing on an approved form.
(2)
The applicant for a recreational trailer park permit or for a renewal thereof shall, at the time of making such application, pay a fee equal to $5 per unit based upon the maximum number of recreational trailers to be accommodated as shown by the application, or such other fee per unit as the Berne Town Board may from time to time establish by resolution.
(3)
Site improvement requirements.
(a)
General. The condition of soil, groundwater levels, drainage and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. The recreational trailer park shall be kept in a neat and sanitary condition at all times.
(b)
Soil and ground cover. Exposed ground surfaces in all parts of every recreational trailer park shall be paved or covered with stone screenings or other solid materials or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
(c)
Site drainage requirements. The ground surface in all parts of every recreational trailer park shall be graded and equipped to drain all surface water in a safe, efficient manner.
(d)
Nonresidential uses. No part of any recreational trailer park shall be used for nonresidential purposes.
(e)
Size. The recreational trailer park shall be at least eight acres in size, with at least 400 feet of frontage on a public road.
(f)
Signs. The only sign or display permitted on the premises is one sign at each entrance to the recreational trailer park from a public road indicating the name of the recreational trailer park. Such signs shall conform to the sign requirements outlined in Article V.[1]
[1]
Editor's Note: See § 190-19, Signs.
(g)
No recreational trailer park shall be located within 1,000 feet of the boundary line of any property used for public school purposes.
(4)
Recreational trailer lots.
(a)
Each recreational trailer park constructed, altered or expanded after the effective date of this chapter shall be subdivided and marked off into units numbered consecutively, the number being conspicuously posted on each unit, and such number shall correspond with the number assigned to such units as shown on the plans submitted with the application required to be submitted Subsection A(1) above.
(b)
Each unit shall contain a minimum of 4,000 square feet.
(c)
The units shall be grouped in blocks with streets at least 25 feet wide between each block or in such other and comparable configuration as may be approved by the Board.
(d)
Each lot shall have access to a street.
(e)
Each recreational trailer park shall have an undisturbed one-hundred-foot buffer between all adjoining properties. No lot shall be located within 100 feet of any public street or highway.
(5)
Recreational trailers.
(a)
Any recreational trailer parked or located on such lot shall not be placed on any foundation but shall remain sufficiently mobile so that it may be removed from such lot without any structural changes to such recreational trailer lot.
(b)
No more than one recreational trailer shall be permitted to park or remain on any one lot.
(c)
No recreational trailer shall be allowed to occupy a lot for more than six consecutive months. Removing the recreational trailer for a period of less than 120 days shall not be deemed to render a period of occupancy nonconsecutive.
(d)
Recreational trailers may be stored in an approved designated storage area, if approved by the management.
(6)
Recreational trailer pads.
(a)
Each lot shall have a recreational trailer pad which will provide for the practical placement or removal of the trailer from the lot and the retention of the recreational trailer on the lot in stable condition.
(b)
The pad shall be of sufficient size to fit the dimensions of the anticipated recreational trailers.
(c)
All recreational trailers shall have a pad located such that each recreational trailer, when parked, shall have a minimum front yard of 20 feet, minimum side yards of 10 feet, and a minimum rear yard of 25 feet.
(d)
The pad shall be constructed of an appropriate material which is durable, compacted and adequate to support the maximum anticipated loads.
(e)
The pad shall be suitably graded to permit rapid drainage.
(7)
Recreation areas.
(a)
In all parks accommodating or designed to accommodate five or more recreational trailers, there shall be one or more recreation areas which shall be easily accessible to all park residents.
(b)
The size of such recreation areas shall be based upon a minimum of 200 square feet for each lot. No outdoor recreation area shall contain less than 5,000 square feet.
(c)
Recreation areas shall be so located as to be free from traffic hazards and should, where the topography permits, be centrally located.
(d)
Playground equipment shall be installed in each required recreation area and maintained in a safe manner.
(8)
Open space.
(a)
Each recreational trailer park shall provide common open space for the use of the occupants of such park.
(b)
Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park or at the rate of 1,500 square feet per recreational trailer lot, whichever is greater. The buffer area shall not count toward this requirement.
(9)
Street systems.
(a)
Accessibility.
[1]
Each recreational trailer park shall be directly accessible from an existing public highway or street.
[2]
Where a recreational trailer park has more than 16 recreational trailers, two points of entry and exit shall be provided, but in no instance shall the number of entry and exit points exceed four.
[3]
Entrances and exists shall be designed and strategically located a minimum distance of 100 feet between them for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.
[4]
All entrances and exits shall:
[a]
Be at right angles to the existing public highway or street.
[b]
Be free of all objects, for a distance of 20 feet from the edge of pavement of the public highway and park road, which would impede the visibility of the driver entering or exiting a public highway or street.
[c]
Be of sufficient width to facilitate the turning movements of recreational trailers.
[5]
No lots shall exit directly onto a public highway.
[6]
Each street shall be named and noted upon signs at each roadway intersection.
(b)
Streets.
[1]
Each recreational trailer park shall have improved streets to provide for the convenient access to all recreational trailer lots and other facilities within the park. Streets shall meet the following specifications:
[a]
The street system shall be so designed to permit safe and convenient vehicular circulation within the park.
[b]
Streets shall have suitable alignment and gradient for traffic safety.
[c]
No dead-end street or cul-de-sac shall be permitted in any recreational trailer park.
[d]
All streets shall intersect at angles not less than 80°.
[e]
Streets shall be at least 25 feet wide. All streets shall be maintained in a well-graded, well-drained condition and surfaced with an all-weather dustless material.
[f]
All entrances and exits shall have a grade not to exceed 3% for the first 75 feet of street from the public highway.
[2]
Except in cases of emergency, no parking shall be allowed on any street in the park.
(10)
Off-street parking.
(a)
One off-street parking space shall be provided on each recreational trailer lot. Each parking space shall have a minimum length of 25 feet.
(b)
Additional off street parking spaces, surfaced with an all-weather dustless material, shall be provided at strategic and convenient locations within 200 feet from the recreational trailer that it is intended to serve.
(c)
There shall be one such parking space for each two recreational trailer lots within the park.
(d)
Such parking space shall be provided in bays of a dimension of 10 feet by 20 feet, which shall provide for adequate maneuvering space.
(11)
Walks. Walkways shall be designed where possible to avoid crossing roads to reach service buildings or recreational areas. Walkways in the park shall be indicated on the plan and shall be surfaced with an all-weather dustless material.
(12)
Landscaping.
(a)
Lawn and ground cover shall be provided on those areas not used for the placement of recreational trailers and other buildings, walkways, roads and parking areas.
(b)
All recreational trailer parks shall be provided with screening, such as attractive and well-maintained fences or natural growth, such as trees or shrubs, along the property boundary line separating the park and the adjacent uses. Planting or screening soil shall be provided and maintained to the extent needed in order to provide for the screening of objectionable views. Views which shall be screened include, but are not limited to, nonresidential uses, garbage storage and collection areas and fuel tanks.
(c)
Trees and shrubs shall be provided along all walks and streets and around recreational areas. Trees shall be planted at an interval of not more than 50 feet, where feasible.
(13)
Water supply system.
(a)
A safe and potable supply of water shall be provided for each lot and structure. The private water system shall be of a type approved by the New York State Department of Health.
(b)
Any well casings, pumping machinery or suction pipes shall be adequately housed and landscaped.
(14)
Water distribution system.
(a)
All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the New York State Department of Health.
(b)
The water piping system shall not be connected to nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back siphonage.
(c)
The system shall be designed and maintained to provide a pressure of not less than 20 pounds per square inch under normal operating conditions at service buildings and other locations requiring a potable water supply.
(15)
Sewage disposal.
(a)
An adequate and safe sewage system shall be provided in all recreational trailer parks for the conveying and disposing of all sewage. Such system shall be designed, constructed, and maintained in accordance with state and local laws.
(b)
Recreational trailer parks shall provide adequate dumping stations for the disposal of waste products. Such dump station shall provide a connection with an approved sewage treatment system and a nonpotable water outlet for the flushing of the sewage tanks and must conform to all Town, County and State Health Department requirements.
(c)
All sewer lines, treatment units and appurtenances shall be constructed of materials approved by the New York State Department of Environmental Conservation.
(d)
All proposed sewage disposal facilities shall be approved by the New York State Department of Environmental Conservation prior to construction. Effluent from sewage treatment facilities shall not be discharged into any waters of the state, except with prior approval of the New York State Department of Environmental Conservation.
(16)
Toilet facilities.
(a)
Toilet and other sanitary facilities shall be provided in permanent structures. Such facilities for males and females shall be housed in either separate buildings or in the same building; in the latter case, such facilities shall be separated by soundproof walls. The male and female facilities shall be marked with appropriate signs and have separate entrances for each.
(b)
Such toilet and other sanitary facilities shall be provided for in the following manner:
[1]
Male facilities shall consist of not less than one flush toilet for every 15 recreational trailers, one urinal for every 15 recreational trailers, one lavatory for every 10 recreational trailers, and one shower, with an adjoining dress compartment of at least 16 square feet for every 10 recreational trailers.
[2]
Female facilities shall consist of not less than one flush toilet for every 10 recreational trailers, one lavatory for every 10 recreational trailer, and one shower, with an adjoining dress compartment of at least 16 square feet for every 10 recreational trailers.
[3]
Lavatory and shower facilities shall be supplied with hot and cold running water.
[4]
The buildings housing such toilet and sanitary facilities shall be well lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of moisture-proof material, shall be well heated, and shall be clean and maintained in a sanitary condition at all times. The floors of such buildings shall be of a water-impervious material.
[5]
Such buildings shall not be located nearer than 20 feet or farther than 200 feet from any recreational trailer.
(17)
Electrical distribution system.
(a)
Every park shall contain an electrical wiring system which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(b)
Power distribution lines:
[1]
Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any recreational trailer, service building, or other structure.
[2]
All direct-burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or telephone lines.
(c)
Electrical connections. Recreational trailer lots, when provided with electricity, shall be furnished with waterproof electric server connections and outlets which are of a type approved by the New York State Board of Fire Underwriters or other qualified inspection agency approved by the Town. A minimum of thirty-ampere service shall be provided.
(18)
Fuel storage. All piping from fuel storage tanks or cylinders shall be permanently and securely fastened in place. All such tanks and cylinders shall be securely fastened in place and shall not be located beneath any recreational trailer.
(19)
A telephone shall be maintained in working order at each recreational trailer park for use of the occupants in emergencies. Such telephone may be of the coin-operated type.
(20)
Solid waste handling.
(a)
Each recreational trailer park shall provide appropriate facilities for collection of recyclables and equipment sufficient to prevent littering of the grounds with rubbish, garbage and refuse and shall be equipped with flytight depositories of sufficient size and number to contain all the refuse and garbage which may accumulate between removals from the recreational trailer park.
(b)
Insect and rodent control measures as required by the Building and Zoning Administrator shall be taken, and accumulation of debris shall not be permitted.
(21)
Recording of occupants.
(a)
The owner or operator of each recreational trailer park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from the date of occupancy.
(b)
The record shall include:
[1]
The name and address of the occupant of each recreational trailer.
[2]
The name and address of the owner of each recreational trailer which is not occupied by such owner.
[3]
The state in which such recreational trailer is registered and the registration number.
[4]
The name and address of the owner of the automobile or other vehicle which propelled the recreational trailer.
[5]
The state in which such automobile is registered and the registration number.
D.
Inspection. Any peace officer and the Building and Zoning Administrator shall have the right, at any reasonable time, to inspect any trailer park and its register.
E.
Application to existing trailer parks.
(1)
This chapter shall apply to all trailer parks in the Town, except that trailer parks in existence on the 90th day of September 1968 shall be required to conform to all the provisions of this chapter by January 1, 1979. Any addition to or enlargement of a trailer park, which park was in existence on the day aforesaid, shall comply with all provisions of this chapter.
(2)
Nonconforming recreational trailer parks.
(a)
Any lawful recreational trailer park existing at the time of this amendment to the Zoning Ordinance (April 18, 2000) may be continued in use.
(b)
The provisions of preceding Subsection C(1), (2), (4) through (16) and (21) shall be applicable to nonconforming trailer parks.
(3)
All recreational trailers shall have a minimum front yard of 20 feet, a minimum side yard of five feet, and a rear yard of 15 feet.
(4)
One temporary structure may be constructed on each trailer site, provided that:
(a)
The structure is clearly temporary in that it is neither permanently attached to the trailer nor set on a permanent foundation.
(b)
The maximum length of the temporary structure is 30 feet or the length of the trailer, whichever is less, the maximum width is 12 feet, and the maximum height of the roof at the peak is 15 feet.
(c)
No permanent electrical or plumbing connections may be constructed in the temporary structure.
(d)
The temporary structure should be able to stand alone without support from the trailer.
(e)
The structure may be framed with permanent windows and doors and an inside wall on the trailer side constructed of solid material.
(f)
The maximum length of the roof over the trailer may not exceed 40 feet or the length of the trailer, whichever is less.
(g)
The maximum width of the covered area for the recreational vehicle from the inside wall of the structure may not exceed 12 feet. A roof structure is not allowed where no building is attached.
(h)
No recreational trailer shall be allowed to remain occupied more than six consecutive months. Removing the recreational trailer for a period less than 120 days shall not be deemed to render a period of occupancy nonconsecutive.
F.
Trailer sales lots.
(1)
No person being the owner, occupant or tenant of land or premises within the Town of Berne shall use or permit the use of such land as a trailer sales lot without obtaining a permit therefor as provided by this chapter.
(2)
A trailer sales lot permit shall be valid for the same period as a trailer park permit.
(3)
The applicant for a trailer sales lot permit or for a renewal thereof shall, at the time of making application, pay a fee of $50 or such other fee established by the Town Board from time to time in its schedule of fees.
(4)
Each trailer sales lot shall comply with the following conditions:
(a)
Trailers exhibited for purpose of sale shall be set back at least 50 feet from the pavement of any street or highway and at least 30 feet from any other property line.
(b)
One off-street parking place shall be provided for each two trailers exhibited for sale.
(c)
All such off-street parking areas shall be set back at least 20 feet from any street or highway pavement or any property line.
(d)
One nonflashing indirectly illuminated sign shall be permitted. Such sign shall not be greater in area than 50 square feet nor be higher above the ground than 10 feet.
(e)
Such sign shall be located at least 20 feet from any street or highway pavement and any property line.
G.
House trailers not located in trailer park.
(1)
No house trailer shall be parked or allowed to remain upon any street, alley, highway or other public place for a period longer than four hours, except that emergency stopping or parking occasioned by mechanical failure is permitted for a period of not longer than 24 hours, unless otherwise prohibited.
(2)
A permit for the permanent location of a house trailer outside a duly licensed trailer park may be granted to the owner of land within the Town to locate a trailer upon such land for his or her own occupancy in accordance with the following limitations:
(a)
Such house trailer shall comply with the area and bulk requirements as listed in the Density Control Schedule set forth in Article IV hereof.[2]
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(b)
Such house trailers will be required to have all sewer and water supply systems and connections approved by the Department of Health of the County of Albany prior to any occupancy thereof.
(c)
Such house trailers must be constructed to conform to or exceed the minimum requirements established in the U.S. Department of Housing and Urban Development's 1976 Manufactured Home Construction and Safety Standards, or an affidavit of a licensed architect or engineer indicating that same has been inspected by him and meets said standards must be presented to the Building and Zoning Administrator prior to the issuance of a certificate of occupancy.
(d)
Such house trailer shall be located on approved piers with adequate and secure tie-downs and shall have skirting all around or shall be placed upon an approved foundation.
(3)
A permit for the temporary location of a housing trailer may be granted by the Zoning Board of Appeals in the following instances and in accordance with the following limitations:
(a)
To the owner of land within the Town who intends to construct a dwelling house for his or her own occupancy on such land. Such permit shall be granted only for the period of actual construction of said dwelling or for two years, whichever is less.
(b)
To the owner or lessee of a farm for occupancy by farm employees and the immediate families of such employees. Such permit shall be granted for the period of one year only but may be renewed.
(c)
To an owner of land or his or her contractor engaged in construction on such land for use as a field office for such construction or as a dressing room for employees engaged in such construction. Such a permit shall be valid for a period of one year.
H.
Recreational trailers and campsites. This section shall not apply to recreational trailers parked in campsites for temporary hunting, fishing, vacation or camping use, nor to storage or parking of the same at the residence of the owner.
§ 190-39 Motels.
Motels must have:
A.
A minimum distance of 100 feet from any lot line to any building;
B.
A minimum distance of 10 feet between buildings;
C.
A minimum lot area of 2,000 square feet per unit;
D.
Off-street parking requirements as required by Article V, § 190-18; and
E.
Approval of water supply and sewage disposal by the Albany County Department of Health.
§ 190-40 Riding academy.
All riding academies shall have a maximum height of 35 feet and a minimum distance from street line to any building of 125 feet. The minimum distance from any side or rear line to any building or dwelling shall be 100 feet.
§ 190-41 Telecommunications towers.
A.
The purpose of these supplemental regulations is 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 buildings and other structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping.
B.
Special use permit regulations.
(1)
No telecommunications tower, except those approved prior to the effective date of this section, shall be constructed, used or allowed unless in conformity with these regulations and unless a special use permit has been issued. No telecommunications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations and unless a special use permit has been issued. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations and unless a special use permit has been issued.
(2)
Applicants proposing to co-locate on a previously approved telecommunications tower do not require a special use permit. Applicants are, however, subject to site plan review in accordance with Article VIII. The Planning Board ("the Board") may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
Application for construction of new telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (FAR) Part 77. Additionally, no application for a special use permit for construction of a new telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77, Subpart C: Obstruction Standards.
C.
Shared use of existing structures. At all times, shared use of existing structures (for example municipal water towers, multistory buildings, church steeples, farm silos, etc.), and existing or approved telecommunications towers [see Subsection B(2) above], shall be preferred to the construction of new telecommunications towers.
(1)
An applicant proposing to share use of an existing structure shall be required to submit:
(a)
A completed application for a special use permit.
(b)
Documentation of intent from the owner of the existing structure to allowed shared use.
(c)
A site plan. The site plan shall show 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 modification of the existing facility shall be indicated on the site plan.
(d)
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and explaining what modifications, if any, will be required in order to certify to the above.
(e)
A completed short EAF and a completed visual EAF addendum.
(f)
A copy of its Federal Communications Commission (FCC) license.
(2)
If an applicant proposing to share use of an existing structure submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant a special use permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections D through R below.
D.
New telecommunications tower. The Board may consider a special use permit for a new telecommunications tower when the applicant demonstrates that shared use of existing structures and existing or approved telecommunications towers is impractical. An applicant shall be required to present an adequate report inventorying all suitable existing structures and existing or approved telecommunications towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new telecommunications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing structure and existing or approved telecommunications tower, as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case. Written requests and responses for shared use shall be provided.
E.
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing 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 telecommunications tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections F through R below.
F.
New tower at a new location. The Board may consider a special use permit for construction of a new telecommunications tower on a site not previously developed with an existing telecommunications tower when the applicant demonstrates that shared use of existing structures and existing or approved telecommunications towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing telecommunications tower site for a new telecommunications tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections G through R below.
G.
New towers: future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new telecommunications tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed telecommunications tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new telecommunications tower owner and his/her successors in interest to:
(1)
Respond within 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 telecommunications tower by other telecommunications providers.
(3)
Allow shared use of the new telecommunications tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a proportionate 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 of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
H.
Site plan review submission requirements.
(1)
The applicant for a special use permit for a new telecommunications tower shall be required to submit a site plan in accordance with Article VIII, § 190-58. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant for a special use permit for a new telecommunications tower shall submit a complete short EAF, a complete visual environmental assessment form (visual EAF addendum), and documentation on the proposed intent and capacity of use as well as a justification for the height of any telecommunications tower and justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.
I.
Lot size and setbacks. All proposed telecommunications towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcel and street lines a distance sufficient to substantially contain on site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential properties.
(1)
Lot size of a parcel containing a telecommunications tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Board determines that this provision may be waived.
(2)
Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to 100% of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
J.
Visual impact assessment. The Board may require the applicant for a special use permit for a new telecommunications tower to undertake a visual impact assessment, which may include:
(1)
A Zone of Visibility Map shall be provided in order to determine locations where the telecommunications tower may be seen.
(2)
Pictorial 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 telecommunications tower designs and color schemes, as described in Subsection K below.
(4)
Assessment of the visual impact of the telecommunications tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
K.
New tower design. Alternative designs shall be considered for new telecommunications towers, including lattice and single pole structures. The design of a proposed new telecommunications tower shall comply with the following:
(1)
Any new telecommunications tower shall be designed to accommodate future shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations, a telecommunications tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(3)
The maximum height of any new telecommunications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
(4)
The Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new telecommunications tower. The cost of this review shall be borne by the applicant.
(5)
Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with natural surroundings.
(6)
No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company names, phone numbers, banners, and streamers.
L.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special use permit.
M.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
N.
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top 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.
O.
Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required setbacks.
P.
Fencing. The telecommunications tower and any accessory structures shall be adequately enclosed by a fence design which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
Q.
Removal. The applicant shall submit to the Board a letter of intent committing the telecommunications tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of the use of the telecommunications tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused telecommunications towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or remove the obsolete or unused telecommunications tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIII.
R.
Intermunicipal notification for new telecommunications towers. In order to keep neighboring municipalities informed, to facilitate the possibility of directing that an existing structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of county 911 services, the Board shall require that:
(1)
The applicant for a special use permit for construction of a new telecommunications tower shall notify in writing, by certified mail, the legislative body of each municipality that borders the Town of Berne, the Albany County Planning Board, and the Director of Albany County E-911 Service. Notification shall include the exact location of the proposed telecommunications tower and a general description of the project including, but not limited to, the height of the telecommunications tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Board at the time of application.
§ 190-42 Swimming pools.
Swimming pools shall be subject to the provisions of Article V, § 190-17H, Accessory buildings and uses, herein and the following provisions:
A.
A permanent, good-quality fence is to be erected to encompass the entire perimeter of the swimming pool and shall be not less than four feet in height and shall be in accordance with the standards specified for fences in of § 190-17J of Article V. The Board of Appeals may grant permission to install a fence not to exceed eight feet in height in accordance therewith.
B.
Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
C.
Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
D.
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
E.
Where the pool is installed in an area supplied by a public water system, the Board of Appeals shall be furnished proof that the appropriate water authority has no objections to the tie-in with such water system or, in the alternative, proof that the water will be furnished by an independent contractor.
F.
No loudspeaker device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection therewith which shall throw any rays beyond such property lines.
G.
Swimming pools existing at the time this chapter becomes effective shall, within one year after such date, be enclosed by a fence as herein required for new swimming pools.