Large domestic animals include but are not limited to: cattle, horses, mules, donkeys, alpacas and llamas. Density shall be limited to one large domestic animal on a minimum of three contiguous acres of vacant land, one additional large domestic animal per each additional two contiguous acres. Stables and other housing for animals shall be set back a minimum of 100 feet from any lot line and a minimum of 200 feet from any residence or business located on adjacent parcels. A fence that permanently keeps livestock out of buffers abutting streams, wetlands, adjacent properties and other critical areas is required. Fences containing livestock must be set back a minimum of 100 feet from any lot line. All housing and fences must be constructed prior to the introduction of livestock to the property.

Intermediate domestic animals include but are not limited to: sheep, goats and hogs/pigs. Density shall be limited to three intermediate domestic animals on a minimum of three contiguous acres of vacant land, one additional intermediate domestic animal per each additional contiguous acre. Housing for animals shall be set back a minimum of 100 feet from any lot line and 200 feet from any residence or business located on adjacent parcels. A fence that permanently keeps livestock out of buffers abutting streams, wetlands, adjacent properties and other critical areas is required. Fences containing livestock must be set back a minimum of 100 feet from any lot line. All housing and fences must be constructed prior to the introduction of livestock to the property.

Small domestic animals (excluding domestic dogs and cats) include but are not limited to chickens (domestic hens), pheasants, pigeons, ferrets, chinchillas and rabbits. Density shall be limited to six small domestic animals on a minimum of 2.3 acres of land, two additional small domestic animals per each additional contiguous half acre. Housing for animals shall be set back 100 feet from any lot line and 200 feet from any residence located on adjacent parcels. All small domestic animals must be kept contained in a securely fenced-in area. Fencing containing small animals must be set back a minimum of 100 feet from any lot line and 200 feet from any residence or business on adjacent parcels. On parcels of less than 2.3 acres, density shall be limited to five small domestic animals. On parcels of less than 2.3 acres, all small domestic animals must be housed at a minimum of 100 feet from any residence or business located on adjacent parcels and must be contained in a securely fenced in area which must be at a minimum of 25 feet from any lot line. All birds must remain in the coop until 7:00 a.m.

Restrictions. There shall be no roosters, guinea fowl, peafowl, geese, ducks, turkeys, or peacocks permitted on any residential parcel of less than 20 acres. If kept on parcels of greater than 20 acres, the fowl identified shall be limited to a total of eight in any combination, shall be housed and kept in a bird-tight, fenced-in area and the perimeter of that area shall be a minimum of 400 feet from any lot line.

Prohibited animals include but are not limited to ratites (ostrich, emu, rhea, etc.) and any type of wild or exotic animal which is not recognized as domesticated.

Health, safety, and nuisance. All animals shall be adequately housed, fed, controlled, fenced, inoculated and otherwise maintained in a sanitary and safe manner so as not to create a nuisance, health or safety hazard to nearby properties, property owners or inhabitants of the neighborhood, the animals themselves or other domestic animals.

Waste. Handling, storage, disposal or removal of all animal waste shall be done to ensure minimum impact on the environment and to avoid any impact on neighboring residences or businesses, whether from odor, associated pests, or water runoff. Such animal waste shall be stored at a distance in accord with any applicable laws but shall not be less than 200 feet from any wells, residences or wetland or watercourse buffer and must be screened from public view, roadways or neighboring properties.

Domestic dogs and cats. Residential parcels shall be limited to three adult dogs over the age of four months and five adult cats over the age of four months.

A bed-and-breakfast shall only be established in a single-family detached dwelling.

The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than five guest rooms for hire, for a total of 10 overnight guests.

The owner or full-time manager of the bed-and-breakfast establishment shall reside on the premises.

The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character.

Outbuildings detached from the principal dwelling shall not be used for the purpose of a bed-and-breakfast establishment.

A minimum of one off-street parking space shall be provided for each guest room, in addition to the two spaces required for a single-family dwelling. No such parking space shall be located in the front yard area.

The dwelling may display a sign not to exceed two feet by two feet in size.

Each guest room in a bed-and-breakfast establishment shall maintain a working smoke detector.

No food preparation is allowed within individual guest rooms.

Approvals required.

General standards. The following shall apply to all campgrounds.

Minimum frontage and lot size.

Density. The calculation of RV, tent and cabin site densities shall be based upon the entire area of the campground and not just the area dedicated for campsites.

Minimum camping site area and setback requirements.

Screening. A properly landscaped buffer area of natural and/or existing vegetation, of at least 50 feet in width, shall be maintained alongside campground property boundaries adjacent to noncampground uses. Existing campgrounds proposing new modifications shall only be required to screen new campsites, roads, and structures.

Parking areas. Each campground shall provide sufficient additional off-street parking along with loading and maneuvering space to enable the functions of a commercial campground.

Sanitation. All campgrounds shall comply with the following.

Occupancy limits.

Design standards.

Application to existing campgrounds.

Special clear-cutting permit required. Separate and apart from a DEC approved forestry management plan, or land that has received site plan approval for development where requirements have been imposed by the Planning Board regarding the manner and extent of land clearing, no clear-cutting of more than 1/4 acre can be undertaken without a clear-cutting permit.

Requirements to obtain special clear-cutting permit.

The Planning Board may, in its discretion, hold a public hearing to seek input in its consideration of whether to grant the application. Where a public hearing is to be held, notice to the public shall be provided by the applicant including 10 days posting and publication, and by written notice to all neighbors within 500 feet of the perimeter of the proposed area to be clear-cut. Proof of compliance with these notice requirements shall be submitted to the Planning Board in advance of the opening of the public hearing. If compliance with these notice requirements has not been submitted, the hearing may either be adjourned, or held open to be continued at the next Planning Board meeting.

The Planning Board may impose such conditions as are reasonably required to mitigate environmental impact and protect the health, safety and general welfare of the community.

Where the proposed clear-cutting abuts a road, there shall be a buffer as determined by the Planning Board.

Restoration required for violation. In addition to all other sanctions applicable to violating this chapter, any land disturbance that violates this section shall be restored to the condition in which it existed prior to the violation at the expense of the property owner. Any trees removed in violation of this section shall be replaced, and all replacement trees shall be of the same or similar species and of a comparable density that existed in the area or in the immediate vicinity. In the event that any restoration required pursuant to the terms of this section is not commenced and continuously pursued to completion within 60 days after written order thereof from the Code Enforcement Officer, then, in addition to all other sanctions provided in this chapter for a violation, actions to affect such restoration (or so much thereof as may be practicable) may be taken by the Town at the expense of the owner, with a lien imposed to secure repayment of the same. Such lien may be added to the real estate taxes applicable to the lot on which the violation occurred, and collected in the same way as any other tax payable to the Town.

The purpose of the restrictions on formula businesses in the Town of Forestburgh are not protectionist in nature, but rather due to the Town's unique, rural character, they are reasonably related to preserve the Town's current character that supports tourism and contributes to a higher quality of life for residents and visitors. It is the determination of the Town Board, under its police powers, that uncontrolled development of formula businesses in the Town would threaten its rural character and be contrary to the Comprehensive Plan.

Formula businesses are a prohibited use in every zoning district in the Town of Forestburgh except for B2 Gateway Business District, where they are special uses.

Requirements.

Permit. A permit issued by the Code Enforcement Officer is required for any home- based business to operate. An application upon a form available from the Town Clerk shall be completed and submitted to the Town Clerk, and the fee shall be paid. The permit must be renewed annually. Upon application or renewal, or upon the receipt of a written and signed complaint, the Code Enforcement Officer may inspect the premises to ensure compliance with the representations made upon the application and requirements of this section for the operation of a home-based business.

A site to be used for a motel or hotel establishment shall include an office and lobby and may include accessory uses such as restaurants, coffee shops or cafeterias providing food and drink, amusement and sports facilities such as a swimming pool, children's playgrounds, health spas, tennis or other game sports, and game or recreational rooms.

Each hotel unit shall have an area of at least 300 square feet. No hotel building shall exceed the height of 30 feet.

The lot shall have not less than 200 feet of frontage on a Town, county or state highway.

Points of ingress and egress shall be limited to a total of two on any street.

Individual hotel, motel and resort rooms shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants or other single-room-occupancy residential uses.

The exterior treatment, including colors, textures and materials, of all structures within a hotel or motel development shall be muted and blend into the surrounding landscape or adjacent land uses.

Lighting throughout the area shall not exceed 1.5 footcandles (average reflective method) at ground level except in the case of recreational facilities, which may be illuminated in excess of that standard, provided that opaque screening is utilized to entirely block the reflected glare of the area from adjacent uses.

On a parcel of 10 acres or more in the Residential Recreation or Rural Conservation zoning districts, a special use permit may be granted for a kennel, after a public hearing and site plan approval by the Planning Board, provided that:

To effectively buffer the activity from adjacent properties, a landscape plan shall be prepared as a part of any special use application. A performance guarantee may be required to assure that all landscaping survives in a healthy condition one full year and any required fencing is properly maintained.

The use must comply with the relevant sections of the New York State Agriculture and Markets Law and the Federal Animal Welfare Act.[1]

The use of motorized vehicles in conjunction with outdoor recreational businesses is expressly prohibited, except that electric golf carts may be used in conjunction with golf courses and a single motorized vehicle may be used to gather golf balls at golf driving ranges.

Lighting shall be installed so as not to illuminate or cause light glare on adjoining residential properties.

The broadcasting of music and/or the use of public address systems shall be such that the sound produced is not audible at the property line of any adjoining properties.

The Planning Board may establish the hours of operation of outdoor recreational businesses to prevent the creation of nuisances or the disruption of the public peace during late evening, night and early morning hours.

The facility shall be laid out and constructed in such a way that errant golf balls, baseballs, softballs, volleyballs and like objects utilized shall not be hit, thrown, or deflected so as to leave the parcel on which the recreational business is located.

Adequate fencing and/or shrubbery shall be installed to adequately buffer outdoor recreational uses from adjoining properties. The Planning Board may in its site plan review supersede the requirements in Chapter 93, Fences, of the Code of the Town of Forestburgh.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Planning Board based upon the site plan review.

A short-term residential rental permit from the Code Enforcement Officer is required (annual renewal). The annual permit year starts on the date of approval of the application. The fee shall be set by the Town Board in the Town's Fee Schedule.

Proof of registration with the Sullivan County Treasurer's Office with respect to the collection of the occupancy tax.

Inspection by the Code Enforcement Officer for health and safety required annually and before operation.

On-site parking only, no street parking permitted.

A 911 address sign is to be posted at the entrance of the driveway.

No advertising signs are permitted.

The homeowner or agent shall maintain records which shall at a minimum include dates of short-term residential rental, names, contact information and number of guests. Such records shall be made available upon request by the Code Enforcement Officer.

A short-term residential rental may not adversely affect the residential character of the neighborhood. A short-term residential rental may not, for example, display an advertising sign, generate unreasonable noise, vibration, glare, odors, garbage or other effects that unreasonably interfere with a person's enjoyment of his/her residence.

Renters shall be made aware of all property boundaries by the homeowner and no trespassing on neighboring properties is permitted.

Owners shall post the following information in a conspicuous place:

Owner and guests shall comply with Chapter 110, Noise, of the Code of the Town of Forestburgh. Outdoor amplified music is prohibited.

After the permit is issued, owners must provide neighbors within 250 feet of each property line with a twenty-four-hour working phone number of someone (owner, property manager, etc.) who can respond within one hour to any problems and complaints.

Owners shall provide proof of a contract with a carting company for regular trash pickup. All trash must be stored at all times in animal-proof containers or locations.