Liberty Town City Zoning Code
ARTICLE VI
Supplementary Regulations Pertaining to Certain Uses
§ 147-15 Amusement, recreation and social areas.
[Amended 8-20-2018 by L.L. No. 1-2018; 8-21-2023 by L.L. No. 2-2023]
A.
Amusement centers, bowling alleys, and similar places of activities (including concert locations, temporary or otherwise) shall be subject to the following requirements.
(1)
The use or activity shall be conducted entirely within an enclosed structure or separated from adjoining residences by no less than 500 feet of wooded area.
(2)
Off-street parking areas shall be screened from adjoining residential properties with a solid wood fence, wall, or planting strip of dense nursery materials no less than six feet in height.
(3)
A principal structure shall be not less than 100 feet from any property line within an RS District or an entrance or exit of any public or semi-public institutions.
(4)
All amusements shall supply evidence in advance of ability to comply with commercial and manufacturing performance standards contained herein and the Code Enforcement Officer may in the instance of temporary permits, require financial guarantees of performance.
B.
Annual membership clubs.
(1)
Annual membership clubs catering exclusively to members and their guests, or other recreational facilities open to the public and accessory playgrounds, swimming pools, tennis courts and recreation buildings where permitted shall not include:
(2)
No building shall be erected nearer than 100 feet to any street or property line.
C.
Resort establishments, including summer camps, motels and hotels, shall be subject to the following requirements.
(1)
A site to be used for a motel or resort establishment shall include an office and lobby. A hotel may include accessory uses as follows: a restaurant, coffee shop and cafeteria providing food and drink, amusement and sport facilities such as a swimming pool, children's playground, tennis or other game courts; and game or recreation rooms.
(2)
All principal and accessory buildings and structures shall cover a total of not more than 35% of the site.
(3)
Dormitory units shall not be interconnected by interior doors in groups of more than two units. The total interior floor of each dormitory unit, inclusive of bathroom and closet space, shall not be less than 250 square feet. Distance between buildings shall not be less than 25 feet.
(4)
Unless the use is subject to site plan review by the Planning Board, a detailed plan for the proposed development of the site and facilities shall be submitted to and approved by the Code Enforcement Officer before the issuance of any building permit. This plan shall identify the location and size of existing trees, all other landscaping proposed, the architectural style, general design, colors and materials to be used on exterior surfaces and detailed plans for any signs, as well as any other information, elevation or perspectives which will enable the Code Enforcement Officer to determine conformity with the foregoing standards.
D.
Recreational vehicles, RV parks and campgrounds. RV parks and campgrounds shall be subject to the provisions of Chapter 117 of this Code, the "Town of Liberty Campground and Recreational Vehicle Park Law." Individual recreational vehicles may be stored on any lot subject to the following restrictions.
(1)
No more than one such vehicle may be stored on any lot (permitted sales lots excepted).
(2)
The vehicle shall not be connected to any utilities, except on a temporary basis for purposes such as testing of equipment, cleaning and similar activities, and shall neither be used as additional residential, commercial or other space for business or living purposes nor as an independent dwelling or office.
(3)
The vehicle shall not be parked in any front yard or within 10 feet of any property line.
E.
Swimming pools. Swimming pools, whether above or below-ground, that are accessory to single-family dwellings shall not be located closer than 10 feet to any property line or within any front yard. Swimming pools accessory to more than one residential dwelling unit or to a nonresidential use shall not be located closer than 50 feet to a property line, within 50 feet of a dwelling or within any front yard. All below-ground swimming pools having a depth of two feet or more shall be completely enclosed with a wall, fence or other barrier at least four feet in height and suitably equipped to prevent the accidental entry of children to the pool area.
F.
Camps.
(1)
Applicability. Proposed new camps and proposed camp expansions in the RD-2 District and proposed expansions of nonconforming camps in all other districts must apply for a special use permit in accordance with the requirements of this subsection and with Article VIII. Additionally, as applicable, proposed expansions of nonconforming camps shall comply with the requirements of Article IX.
(2)
Duration and renewal of special use permit. Each special use permit granted for a new camp or for the expansion of any camp shall expire on December 31 in the third calendar year from (and including) the year of issuance if the special use permit was approved in the period between January I and June 30. If the permit was approved in the period from July 1 to December 31, the permit shall expire on December 31 of the fourth calendar year from (and including) the year of issuance.
(a)
No more than 60 days prior to the submission of an application for a renewal, the applicant shall be required to schedule and have completed an inspection of the subject property by the Code Enforcement Officer, and such inspection shall be the responsibility of the applicant to schedule. Said inspection shall include a compliance review of the special use permit criteria and any conditions that were the subject of the permit when it was previously issued. Such renewal shall be granted following due public notice and hearing and may be withheld only upon determination by the Code Enforcement Officer to the effect that such conditions prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to revocation of said permit.
(3)
Supplementary special use permit and site plan review criteria. In the review of special use permit and site plan review applications for new camps or the expansion of existing camps, the Planning Board shall ensure, in addition to the requirements of Article VIII and the Schedule of District Regulations of this chapter, that the following criteria, in Subsection F(3)(a) through (k), are met. These criteria shall also apply to the expansion of any nonconforming camp use or structure, in addition to the requirements of Article IX of this chapter.
(a)
Buffers. A minimum one-hundred-fifty-foot greenspace buffer shall be provided adjacent to rear and side property lines for new camps. No new buildings shall be allowed within the buffer area. The Planning Board shall require landscaping to screen camps from adjacent properties, unless there is an existing natural buffer in place that will provide a sufficient screen. Such landscaping shall be maintained and replaced as needed. For existing camps, all buildings within the buffer area referred to herein are nonconforming structures, and no new buildings or uses shall be allowed in the buffer area hereafter.
(b)
Access and traffic.
[1]
The property shall be served by two points of vehicular access to a public highway to ensure access by emergency vehicles.
[2]
There shall be safe and adequate management of vehicular and pedestrian traffic entering and exiting the site, as well as within the site, including particular safeguards covering episodic periods of drop-off and pick-up of children and/or visitors. Buses shall be boarded and off-boarded within the site and adequate space shall be provided. In the event of unforeseen circumstances that result in the need for boarding or off-boarding on a public road, the camp must provide traffic control (and crossing guards if on opposite side of road from camp) to ensure traffic and pedestrian safety throughout the period involving a public road.
(c)
Water. Water supply shall be from a public municipal facility, if available to serve the use. If connected to public water supply, the Water Department supervisor must submit a letter to the Planning Board Chairman indicating acceptance of a defined quantity of daily use. If the water supply is from a private source, the property owner and/or applicant must provide adequate Department of Health documentation of approval that the water supply is potable and of adequate volume. Any deficiencies in the potability or volume of a private water supply must be addressed immediately by the owner or designated agent. All water supply systems must meet the requirements of Chapter 144, Water, of the Town of Liberty Code, as applicable.
(d)
Wastewater collection and treatment shall be served by a public municipal facility, if available. If the wastewater collection and treatment shall be from a private source, the property owner and/or applicant must provide certification acceptable to the Town that the sewage disposal system is adequate for the proposed camp use. Any deficiencies in wastewater collection and management must be addressed immediately by the owner or designated agent. All wastewater collection and treatment systems must meet the requirements of Chapter 121, Sewers and Sewage, of the Town of Liberty Code, as applicable.
(e)
Regulatory compliance.
[1]
The applicant for the camp shall obtain, or agree to obtain as a condition of site plan review and special use approval, all regulatory approvals required by federal, state, or local agencies including but not limited to the NYS Department of Health, the NYS Department of Environmental Conservation, the Town of Liberty Highway Department, and the NYS Department of Transportation. The Code Enforcement Officer may conduct periodic inspections to ensure applicable regulations are being met.
[2]
The camp shall be in conformance with the requirements of the NYS Uniform Fire Prevention and Building Code. The Code Enforcement Officer may conduct periodic inspections to ensure such requirements are met.
(f)
On-site facilities, services, and lodging.
[1]
All camps shall have sufficient on-site facilities with capabilities to serve the purposes and population of a camp. Such facilities include but are not limited to playgrounds, athletic fields or courts (indoor or outdoor), gymnasiums, auditoriums, classrooms, swimming opportunities, picnic areas, food service, and first aid stations.
[2]
Mobile and manufactured homes, whether permanent or temporary, shall not be parked or stored in any campground or recreational vehicle park except if owned and occupied by camp management (not used for lodging for campers). Mobile and manufactured homes shall also comply with Chapter 100, Mobile Homes and Mobile Home Parks, of the Town of Liberty Code.
(g)
Site capacity. Taking into consideration the adequacy of potable water, wastewater disposal facilities, traffic circulation and emergency access, Uniform Fire Prevention and Building Code compliance, and other criteria that address public health, safety, and welfare of residents and campers, the Planning Board may place limits on the overall number of cabins, dwellings, or campers in order to accommodate the use and avoid adverse impacts on the environment, the district, and the community. Any such limitations placed by the Planning Board shall be accompanied by a supporting statement of findings.
(h)
Garbage disposal. Adequate plans shall be made for the regular collection and disposal of garbage, rubbish and solid wastes generated within the camp. Camps must have an on-site trash compactor and adequate space for access of sanitation vehicles must be provided. Garbage collected at individual buildings must be maintained in proper secured receptacles. There shall be no on-lot exposed garbage, junk, or other wastes.
(i)
Management. Every camp shall maintain with the Town the contact information for the person in charge of the camp, including a phone number(s) for contact in the event of an emergency, or otherwise, at all times.
(j)
Lighting. Any lighting used shall be so arranged as to focus on the necessary portions of the site, minimizing impacts on the night sky, and shall be deflected away from adjoining properties and public rights-of-way.
G.
Places of worship and private schools.
(1)
Applicability. In the review of special use permit and site plan review applications for places of worship or private schools, or the expansion of thereof, the Planning Board shall ensure, in addition to the requirements of Article VIII and the Schedule of District Regulations of this chapter, that the following criteria, in Subsection G(1)(a) through (g), are met.
(a)
Access and traffic.
[1]
The property shall be served by two points of vehicular access to a public highway to ensure access by emergency vehicles.
[2]
There shall be safe and adequate management of vehicular and pedestrian traffic entering and exiting the site, as well as within the site, including particular safeguards covering episodic periods of drop-off and pick-up of children and/or visitors. Buses shall be boarded and off-boarded within the site and adequate space shall be provided. In the event of unforeseen circumstances that result in the need for boarding or off-boarding on a public road, the place of worship or private school must provide traffic control (and crossing guards if on opposite side of road from the place of worship or private school) to ensure traffic and pedestrian safety throughout the period involving a public road.
(b)
Water supply shall be from a public municipal facility, if available to serve the use. If connected to public water supply, the Water Department supervisor must submit a letter to the Planning Board Chairman indicating acceptance of a defined quantity of daily use. If the water supply is from a private source, the property owner and/or applicant must provide adequate Department of Health documentation of approval that the water supply is potable and of adequate volume. Any deficiencies in the potability or volume of a private water supply must be addressed immediately by the owner or designated agent. All water supply systems must meet the requirements of Chapter 144, Water, of the Town of Liberty Code, as applicable.
(c)
astewater collection and treatment shall be served by a public municipal facility, if available. If the wastewater collection and treatment shall be from a private source, the property owner and/or applicant must provide certification acceptable to the Town that the sewage disposal system is adequate for the proposed use. Any deficiencies in wastewater collection and management must be addressed immediately by the owner or designated agent. All wastewater collection and treatment systems must meet the requirements of Chapter 121, Sewers and Sewage, of the Town of Liberty Code, as applicable.
(d)
Regulatory compliance. The applicant for the place of worship or private school shall obtain, or agree to obtain, as a condition of site plan review and special use approval, all regulatory approvals required by federal, state, or local agencies including but not limited to the NYS Department of Health, the NYS Department of Environmental Conservation, the Town of Liberty Highway Department, and the NYS Department of Transportation. The place of worship or private school shall be in conformance with the requirements of the NYS Uniform Fire Prevention and Building Code.
(e)
Site capacity. Taking into consideration the adequacy of potable water, wastewater disposal facilities, traffic circulation and emergency access, Uniform Fire Prevention and Building Code compliance, and other criteria that address public health, safety, and welfare of residents, worshippers, and students, the Planning Board may place limits on the overall number of buildings in order to accommodate the use and avoid adverse impacts on the environment, the district, and the community. Any such limitations placed by the Planning Board shall be accompanied by a supporting statement of findings. Prospective applicants for places of worship or private schools are encouraged to meet with the code enforcement officer, the planning board, and other local officials to help determine if the capacity of the site is suitable to accommodate the proposed project, including any future expansion plans.
(f)
Garbage disposal. Adequate plans shall be made for the regular collection and disposal of garbage, rubbish and solid wastes generated from within the property(ies). Adequate space of access for sanitation vehicles must be provided. Garbage collected at individual buildings must be maintained in proper secured receptacles. There shall be no on-lot exposed garbage, junk, or other wastes.
§ 147-16 Parking, loading and access requirements.
In all districts, in connection with every manufacturing business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected, off-street parking spaces open at no charge for employees', residents' and/or patrons' automobiles in accordance with the requirements set forth herein:
A.
Size. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall measure 10 by 20 feet. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.
B.
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule below. In the case of any building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the option of the Planning Board, shall apply.
Off-Street Parking Schedule | |
|---|---|
Use | Parking Spaces Required |
Churches and synagogues | 1 for each 3.5 seats |
Community buildings and social halls | 1 for each 200 square feet of gross floor area or 1 for each 3.5 seats, whichever is greater |
Hotel, motel, boarding and rooming houses | 1 per sleeping room or dwelling unit plus 1 per employee |
Manufacturing plants, testing or research laboratories | 1 per employee in the maximum shift and not less than 1 per 200 square feet floor area |
Restaurants, bars, and night clubs | 1 for each 50 square feet of patron space |
Wholesale establishments or warehouses | 1 per employee in maximum shift and the total parking area to be not less than 25% of the building floor area |
Offices, general | 1 for each 200 square feet of first floor area and each 300 square feet of floor area on second floor and above |
Doctor's or dentist's office | 8 for each doctor |
Schools | 1 per 12 seats or students |
Home occupation or professional office | 3 spaces minimum plus 1 per nonresident employee |
Hospital, medical center | 1 for each 3 beds |
Single-family dwelling | 2 spaces |
Two-family or multiple | 1 1/2 for each dwelling unit |
C.
Drainage and surfacing. All open parking areas shall be properly drained and all such areas shall be provided with a paved surface, except for parking spaces accessory to a one-family or two-family dwellings.
D.
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.
E.
Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.
F.
Fire lanes and handicapped parking. Fire lanes and handicapped parking spaces shall be provided as required by state and federal regulations and a plan for the same and enforcement of the rules providing for their availability shall be approved by the Code Enforcement Officer.
G.
Commercial vehicles of more than 2.5 tons in size shall not be parked on any residential lot except for temporary purposes for servicing that particular residence.
H.
Off-street loading.
(1)
General requirements. Adequate off-street loading and unloading berths shall be provided for any commercial, institutional, industrial or wholesale use. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these requirements and at least one such berth shall be provided for each lot. Additional berths may be required at the discretion of the Planning Board and/or Code Enforcement Officer.
(2)
Size, location and access. Each required loading berth shall be at least 12 feet wide, 65 feet long and 14 feet high or uncovered. All permitted or required loading berths shall be on the same lot as the use to which they are necessary and shall not include any one area used to meet parking requirements.
(3)
In no case where a building is erected, converted or enlarged for commercial, institutional, industrial or wholesale purposes shall the public rights-of-way be used for the loading or unloading of materials.
I.
Access requirements. Access to and from all off-street parking, loading and vehicle service areas along public right-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions.
(1)
Access drives shall not open upon any public right-of-way line of any intersecting public street or highway where the sign distance in either direction would be less than 300 feet.
(2)
There shall be no more than one entrance and one exit to any business or parking area on any one highway. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrances and exits. In no case shall one entrance and exit be located within 60 feet of any other on the same property or adjoining property along the same public right-of-way. Nonconforming lots, however, shall be exempt from this requirement.
(3)
Any subdivision of property within a SC or IC District shall provide no more than one common entrance and one common exit on any public right-of-way. Interior access drives shall be provided for movement of traffic to the public right-of-way.
(4)
No access drive to any nonresidential use shall be less than 50 feet in right-of-way width or 20 feet in travelway width. Residential access drives may, consistent with Town of Liberty Subdivision Regulations, be reduced to 25 feet in right-of-way width and twelve-foot travelway provided the drive serves no more than two single-family dwellings.
§ 147-17 Signs.
Signs may be erected and maintained only when in compliance with the following provisions:
A.
Signs in RS districts. The following types of nonilluminated, nonadvertising signs are permitted in the RS District:
B.
Signs in other districts. Business and advertising signs are permitted in other than RS districts in accordance with the following regulations:
(1)
No sign shall be higher than the height limit in the district where such sign is located, nor shall any sign be located upon the roof of any building.
(2)
Not more than one such sign for each tenant on the premises shall be permitted on each wall fronting on a street.
(3)
The aggregate area in square feet of all signs on any wall shall be no greater than two times the length in feet of such wall.
(4)
Freestanding business signs shall be permitted as long as they comply with all yard and height requirements for the zone, and no more than one shall be permitted on each lot.
(5)
Signs shall not project more than 19 inches beyond the face of the wall on which applied nor any distance beyond or above the building in any other direction.
(6)
Sign directories for the purpose of advertising three or more businesses or trades shall be permitted providing the individual signs do not exceed two feet by six feet in size.
C.
Billboards. Billboards or other advertising signs shall be permitted in the SC and IC Districts in accordance with the following regulations:
(1)
Such signs shall be maintained in good repair and not exceed 400 square feet in size of copy area.
(2)
Such signs are structures and shall comply with all yard and height regulations.
(3)
No two advertising signs shall be located within 2,500 feet of each other, unless back-to-back signs, and the total amount of sign area for advertising signs or billboards shall not exceed one square foot for each two lineal feet of lot frontage.
[Amended 6-9-1997 by L.L. No. 3-1997]
(4)
Such signs shall meet all applicable Federal Highway Administration regulations.
§ 147-18 Commercial and manufacturing performance standards.
A.
Whenever a commercial or manufacturing use is proposed as a special use (including nonprofit uses such as camps) the following performance standards shall apply and be an additional basis for review of the special use applications:
[Amended 12-16-2019 by L.L. No. 1-2019]
(1)
Fire and explosive hazards.
(a)
All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited.
(b)
Facilities involving the processing and/or storage of chemical and industrial wastes, including waste petroleum products shall be located no less than 300 feet from any property line and shall be considered special uses under this chapter. The Planning Board may, in consultation with a professional engineer, impose additional specific standards or conditions to ensure the safety for neighboring residents and property owners. National Fire Protection Association standards may be used as guidelines. Gasoline service stations and similar uses where quantities of less than 100 gallons of waste petroleum products are routinely accumulated and stored for short periods of time shall be exempt from these requirements. The relevant provisions of state and local laws, including the New York State Billing Code regulations, shall also apply.
(2)
Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity, or electric disturbances adversely effecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be met.
(4)
Vibration. No vibration shall be permitted which is detectable without instruments at the property line.
(5)
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the property line shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
(6)
Smoke. No emission shall be permitted or visible grey smoke of a shade equal to or darker than No. 2 on the Power's Mico-Ringlemann chart, published by McGraw-Hill Publishing Company, Inc. and copyrighted 1954.
(7)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable, without instruments, at the property line of the lot from which they are emitted.
(8)
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution or other emissions shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property.
B.
The Code Enforcement Officer shall ensure these standards are met or will be met prior to issuing a certificate of occupancy for the use.
§ 147-19 Floodplain development.
[Amended 12-16-2019 by L.L. No. 1-2019]
There is hereby created a special district the boundaries of which shall be congruent with those areas identified as Special Flood Hazard Areas on the Flood Hazard Boundary Maps of the Town of Liberty (Community No. 360823) as issued and/or amended by the Federal Insurance Administration, or its successor agencies. This District shall be an overlay zone in which the normal provisions of the District indicated on the Official Zoning Map shall apply except that no development shall be permitted which is not completely in accord with the provisions of the Town of Liberty Floodplain Development Law,[1] as amended.
§ 147-20 Miscellaneous uses.
[Amended 5-12-1997 by L.L. No. 2-1997]
The following uses are subject to special requirements as set forth below:
A.
Natural resource extraction and processing operations. Any person proposing to engage in a natural resource extraction or processing operation shall, concurrently with submission of plan and application to the New York State Department of Environmental Conservation, file copies with the Planning Board as part of its special use application and any Town approvals shall be conditional on state approval.
B.
Home occupations.
(1)
Evidence of use. The owner of a home occupation shall not display or create outside the building any evidence of the business, except that one nonilluminated identification design having an area of not more than four square feet shall be permitted.
(2)
Extent of use. The home occupation shall not utilize more than 30% of the gross floor area of the dwelling unit, except for foster family or day care.
(3)
[1]Nonresidential employees. Nonresidential employees shall not exceed three persons.
[1]
Editor's Note: Former Subsection B(3), regarding permitted uses for home occupations, was repealed 12-16-2019 by L.L. No. 1-2019. This local law also provided for the redesignation of former Subsection B(4) as Subsection B(3).
C.
Conversions. Conversion of an existing structure from a one-family dwelling to a two-family or multiple dwelling where permitted (see the Schedule of District Regulations) shall be subject to the following conditions:
(1)
Such structure shall have contained, on the effective date of this chapter, 1,000 square feet of livable floor area for the first dwelling unit plus 600 square feet of livable floor area for each additional dwelling unit created.
(2)
The lot on which such structure is located shall contain a minimum of 7,500 square feet of lot area per dwelling unit.
(3)
One and one-half off-street parking spaces shall be provided on said lot for each dwelling unit.
D.
Junkyards and vehicle dismantling and storage operations. Junkyards, where permitted, shall be subject to the provisions of Chapter 93, Junkyards, of the Code of the Town of Liberty and special use/site plan review procedures shall be combined with operation requirements contained in such chapter. This shall not, however, relieve operators of junkyards from having to meet all other standards contained herein, including the commercial and manufacturing performance standards of § 147-18.
E.
Automobile service stations.
(1)
The minimum lot size for such service stations shall be 30,000 square feet and the minimum street frontage shall be 200 feet unless more stringent requirements shall apply to the district in question.
(2)
Entrance and exit driveways shall have an unrestricted width of not less than 20 feet nor more than 25 feet, shall be located not nearer than 15 feet from any property line and shall be so laid out as to avoid the necessity of any vehicles leaving the property to back out across any public right-of-way or portion thereof.
(3)
Vehicle lifts or pits, dismantled and disabled automobiles and all parts or supplies shall be located within a building enclosed on all sides.
(4)
All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
(5)
The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 35 feet to any property line other than street lot line.
(6)
No gasoline pumps shall be located nearer than 15 feet to any street lot line.
(7)
No building permit shall be issued for a motor vehicle service station within a distance of 200 feet of any school, church, hospital or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons, the said distance to be measured in straight line between the nearest points of each of the lots or premises regardless of the district where either premises is located.
F.
Shopping centers. All shopping centers shall meet the following requirements and be subject to special use/site plan review procedures:
(1)
The minimum lot area shall be five acres with a minimum lot width of 300 feet and a minimum depth of 500 feet.
(2)
There shall be seven paved parking spaces for each 1,000 square feet of floor area plus one per employee, and such parking area shall be arranged with channelization, marking and landscaping for vehicular and pedestrian circulation, as approved by the Planning Board.
(3)
There shall be no unenclosed storage of goods or equipment.
G.
Intensive use poultry and swine operations.
(1)
Intensive use poultry and swine operations (10,000 or more poultry or 100 or more hogs) where permitted outside AC District or approved New York State Agricultural Districts shall be subject to following requirements:
(a)
The minimum lot area for any new such use shall be 50 acres plus one acre for each 5,000 birds in excess of 25,000 where poultry are involved.
(b)
Structures in which animals are kept or manure is stored (including pits and lagoons) shall be setback a minimum of 200 feet from property lines. Manure storage and disposal plans shall be evaluated by comparison to standards recommended by the New York State Cooperative Extension Service as well as those of the New York State Department of Environmental Conservation and such facilities shall be treated as special uses subjected to site plan review when a new principal structure or addition to an existing principal structure is proposed.
(c)
No ventilating apparatus shall discharge from any side of a poultry house or barn facing a public road.
(d)
The minimum setback from any side or rear lot line for any poultry house or barn wall containing ventilating apparatus shall be increased by 100 feet.
(e)
The maximum building height for a poultry house shall be 30 feet.
(f)
Each site shall provide facilities of a minimum of three months' capacity for storage of organic fertilizer material. The construction of such storage facilities shall conform to the standards recommended by the Cornell University School of Agriculture for such use.
(g)
The removal of manure shall be by a vehicle with a sealed storage container.
(2)
Chicken and meat processing plants shall be considered industrial enterprises and, where permitted, shall be subject to and provide documentation of compliance with all federal and state standards applicable to such operation.
H.
Stables, riding academies and keeping of animals.
(1)
Private stables.
(a)
A private stable is permissible as an accessory use to a single-family residence in any AC or RD zone district provided it will comply with the following provisions:
[1]
The tract of land on which the house and stable are located is at least 2 1/2 acres in size.
[2]
No more than two horses are kept with the exception that one additional horse may be kept for each additional acre of land up to a total maximum of five horses.
[3]
The building shall not exceed 400 square feet in size for one-to-two-horse stables with an additional 200 square feet for each additional horse.
[4]
No commercial breeding, hire or sale of horses shall be permitted from a private stable.
[5]
All horses shall be restrained from grazing or intruding on an adjoining property and any fences erected for the same shall be at least three feet from the property line.
[6]
No stable building shall be located within 100 feet of adjoining property line or public or private road.
(b)
These provisions are not applicable to commercial stables where permitted.
(2)
Keeping of animals.
(a)
The keeping of livestock and any other animals of a domestic or agricultural type, including but not limited to cows, steers, goats, sheep, swine, poultry and fur-bearing animals, shall not be permitted in any zone district other than AC or RD except where the tract in question is at least 10 acres in size and all animals and buildings are confined to an area not closer than 150 feet to an adjoining property line or public or private road. These restrictions shall not apply to the keeping of domestic animals in AC or RD districts or the keeping of household pets such as dogs, cats, birds, hamsters, etc.
(b)
No premises in any district shall be used or occupied, and no structures shall be erected or maintained for the harboring of any animals except those of a domestic, household or agricultural type as provided for above. Wild animals such as wolves, large cats, reptiles and other species not indigenous to the area shall not be kept in the Town of Liberty under any circumstances.
(3)
Administration. A building permit or certificate of occupancy shall be required for the establishment of a private stable and applicants shall demonstrate the means by which they will comply with this section. All residents shall comply with the restrictions and, if, upon investigation of a complaint, any person if found to be violating these provisions, that person shall be subject to the penalties and remedies provisions of this chapter after being given a ten-day period in which to eliminate the violation. Nothing herein, moreover, shall be construed to allow continuance of any nuisance or threat to health, safety and welfare that might be created by keeping of animals regardless of conformity with these provisions. Such nuisances are hereby prohibited and nothing herein shall limit the right of the Town to eliminate such nuisances or the right of adjoining property owners to pursue civil remedies.
(4)
Commercial stables and riding academies. A commercial stable and/or riding academy shall not be established on less than 10 acres of land and shall require a Special Use permit. An additional one acre of land shall be required for each horse in excess of five and no stable building shall be erected within 150 feet of any property line.
I.
Landfills. All solid waste generated in conjunction with any use shall be disposed of in a New-York-approved sanitary landfill. Such landfills shall only be permitted in AC or RD Districts on tracts of at least 50 acres in size with actual disposal site not closer than 500 feet to any property line. Landfill applications shall be processed in the manner of industrial uses and be contingent upon New York State approval.
J.
Shooting ranges. Shooting ranges for commercial or public use, whether open to the general public or restricted to members of a club or organization, shall be subject to the following special requirements.
(1)
Facilities shall be designed for discharge of all firearms in directions away from any residence in the vicinity.
(2)
No part of the range shall be located within 500 feet of a property line.
(3)
No range shall be operated before the hour of 8:00 a.m. or after 11:00 p.m.
(4)
The use shall meet all safety standards which may be recommended by the National Rifle Association, the New York State Department of Environmental Conservation or other state or national organization dealing with firearm safety.
K.
Adult stores. Adult stores shall not be located within 1,000 feet of any residence, church, synagogue, public or semi-public use or health institution.
L.
Health institutions. A principal structure associated with any health institution shall be not less than 100 feet from any property line within an RS District or an entrance or exit of any other public or semi-public institutions.
M.
Off-site (central) sewage treatment systems.
[Added 7-16-2012 by L.L. No. 1-2012]
(1)
Any application for a land use for which a new off-site (central) sewer system, as defined herein, is proposed for private operation by the developer or a successor entity shall be accompanied by a detailed plan setting forth the proposed ownership, management and operation of such system.
(2)
Prior to any final plan approval, the developer or its successor shall submit a schedule of required improvements, capital costs and annual operational costs for the system together with a written certification by a professional engineer licensed in New York that the costs are a fair and reasonable estimate of the construction, operation and maintenance costs of the system. Such cost estimates shall be used to determine the financial feasibility of the proposed system.
(3)
The developer or the successor shall, by itself or through a contractual relationship with the property owners association to be established through covenants and restrictions applicable to the project, employ or contract with a sewage treatment plant operator licensed by the New York State Department of Environmental Conservation to operate the system as a public utility under the laws of the State of New York. Such operator shall have a proven track record or performance, his, her or its qualifications being subject to review and approval by the Town. The Town shall be further entitled to review the terms of such agreement. The developer or its successors shall submit contractor qualifications to the Town for approval prior to execution of any agreement. Such agreement shall be in place prior to final approval and start of construction with respect to the system.
(4)
No new off-site (central) sewer system shall be permitted for a residential project of less than 50 dwelling units in size unless the applicant is able to definitively demonstrate such system is financially feasible and will not require sewer rates of more than 1.5% of the current median household income of Sullivan County. The Town may also require guarantees of continued financial performance in such instances.
§ 147-20.1 Telecommunication facilities.
[Added 6-28-2001 by L.L. No. 4-2001]
A.
Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Liberty; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, consideration of visual impact assessment and appropriate landscaping so as to minimize the impact upon the environment.
B.
Application.
(1)
No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations.
(2)
Applicants proposing a new telecommunications facilities, physical expansions of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require a special use permits and site plan review hereunder.
(3)
Applicants proposing to co-locate new telecommunications arrays on a previously approved telecommunications facilities without extending the height thereof or otherwise physically expanding the facilities except for additional equipment buildings within previously designated fenced-in areas shall not require a special use permit or site plan review but shall require accessory use permits.
(4)
All applications for special use permits to construct telecommunications facilities shall be accompanied by the following additional information where applicable:
(a)
Documentation of intent from the owner of any existing facility to allow shared use of the same.
(b)
A site plan depicting all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall also be indicated on the site plan.
(c)
A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of any existing structure, and explaining what modifications, if any, will be required in order to so certify. A soils report prepared by such professional engineer shall also be submitted to support the design specifications of the foundation for any new tower, and anchors for the guy wires, if used.
(d)
A completed visual environmental assessment form addendum. This addendum shall be accompanied by a visual impact assessment which shall include:
[1]
A Zone of Visibility Map, which shall be provided in order to determine locations where the tower may be seen.
[2]
Visual representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
[3]
Assessment of alternative tower designs and color schemes (see below).
[4]
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
[5]
Review of those alternative sites determined to be feasible from an engineering perspective (see requirements below) to determine which would be in the best interest of preserving the aesthetic and natural character of the neighborhood.
(e)
A certified copy of the Federal Communications Commission (FCC) license to operate the telecommunications facility.
(f)
If land is leased, documentation of intent from the owner to allow use and affirming intent to remove the tower if abandoned, obsolete or unused for more than 24 months.
(g)
A letter of intent committing the owner of any proposed new tower and successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. Failure to abide by the conditions outlined in the letter may be grounds for revocation of any special use permit granted. The letter shall commit the new tower owner and his/her successors in interest to:
[1]
Respond 90 days to a request for information from a potential shared-use applicant.
[2]
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
[3]
Allow share use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(h)
Documentation that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as Federal Aviation Regulations (Code of Federal Regulations, Part 77).
(i)
All property owners and adjacent municipalities within 500 feet of the outside perimeter of the communications structure, including guy wires, shall be notified by certified mail at least 10 days prior to the Planning Board granting special use approval for such a structure. This responsibility shall be the applicant's and such applicant shall provide proof of notification as part of their final application.
(j)
A site location alternative analysis, including an analysis of the location priorities set forth in Subsection A of this Section, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1]
How the proposed location of the wireless telecommunication tower or antennae relates to the objective of providing full wireless communication services within the Town of Liberty.
[2]
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Liberty area.
[3]
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennae or towers within and near the Town of Liberty by the applicant, and by other providers of wireless telecommunications services within the area.
[4]
How the proposed location of the wireless telecommunications tower/facility relates to the Town's goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Town of Liberty.
C. ANTENNA ARRAY TELECOMMUNICATIONS EQUIPMENT BUILDING TELECOMMUNICATIONS FACILITY TOWER
Special definitions. As used in this chapter, the following terms shall have the meanings indicated:
A device of 35 or more feet in height used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single pole known as whips. This definition is not meant to include home television or amateur radio apparatus.
Telecommunications signal receiving or transmitting device attached to telecommunications tower and not extending the height thereof.
The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.
Consists of the equipment and structures involved in receiving or transmitting telecommunication or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Town of Liberty from regulating.
A structure of 35 or more feet in height that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures includes monopoles and lattice construction steel structures.
D.
Design and location standards. The following design and location standards shall apply to all telecommunications facilities:
(1)
The location of the tower and equipment building shall comply with all natural resource protection standards of this section.
(2)
An evergreen screen, consisting of a row of eight feet high evergreen trees planted 10 feet on center maximum, shall be located around the perimeter of the security fence. The Planning Board may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening. Existing on-site vegetation shall be preserved to the maximum extent possible.
(3)
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
(4)
The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F manual, as amended, and withstand wind gusts of up to 100 miles per hour.
(5)
An antenna may not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.
(6)
Telecommunications facilities shall be permitted as a sole use on any lot in a AC, RD, IC or SC District subject to special use procedures and the following:
(a)
Minimum lot size: five acres.
(b)
Minimum yard setback requirements: 200 feet.
(c)
Maximum height: tower, 200 feet; equipment building, 30 feet.
(d)
Provided no residences directly adjoin the site, minimum setback requirements may be reduced to the fall-down limit plus 15 feet, where the net effect of requiring the full setback would be to necessitate additional lighting or tower height. Maximum height requirements may be exceeded, provided such height can be demonstrated to be absolutely necessary and the additional height is matched with an equal amount of additional setbacks on all sides.
(7)
A telecommunications facility shall be permitted on a property with an existing use subject to the following conditions:
(a)
The telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
(b)
Minimum lot area. The minimum lot area required above shall apply, provided the land remaining for accommodation of the principal use on the lot shall also continue to comply with the minimum lot area for the district.
(c)
Minimum setbacks. The minimum yards required above shall apply, provided the land remaining for accommodation of the principal use on the lot shall also continue to comply with the minimum yards for the district.
(d)
Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(8)
Where an antenna for a telecommunications facility is to be attached to an existing structure or building it shall be subject to the following conditions:
(a)
Maximum height: 75 feet above the existing building or structure.
(b)
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot-high security fence shall surround the building, a buffer yard shall be planted as required above and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(c)
Elevations of existing and proposed structures showing width, depth, and height, use statistical data on the antenna and support structure shall be presented.
(d)
The antenna or array shall be camouflaged or otherwise designed to be aesthetically compatible with the existing architectural and natural environment.
(9)
Notwithstanding minimum setbacks provided for above, any tower shall be setback from all property lines a distance that is at least equal to the height of the tower.
(10)
Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the edge of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Parking shall be provided to assure adequate emergency and service access in accordance with the Code.
(11)
No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
E.
Plan review criteria. Communications facilities shall be subject to all the ordinary review criteria applicable to special uses plus the following:
(1)
The Planning Board shall be satisfied that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest height communications tower possible, taking into consideration all lands available within a reasonable distance including those which may lie within adjoining municipalities.
(2)
The need for additional buffer yard treatment shall be evaluated. Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.
(3)
Visual assessment data shall be used to determine how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.
(4)
Free-standing pole-type communications structures shall be given preference over towers supported by guy wires.
(5)
All communications structures shall be lighted for safety in a manner consistent with industry best practices and where lighted additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.
(6)
Should any tower cease to be used as a communications facility, the owner or operator or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Liberty to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Liberty may also file a municipal lien against the land to recover the costs of removal and attorney's fees.
(7)
Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(11) above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.
(8)
An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities and co-location shall be mandatory wherever physically feasible. Should co-location not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount the antenna on an existing building or structure, including of proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new communications tower may be permitted, but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where co-location is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.
§ 147-20.2 Transportation Facility Floating Zone.
[Added 10-20-2017 by L.L. No. 3-2017]
A.
Purpose. The intent of this district is to ensure the comprehensive, planned future growth and orderly development of transportation facilities within the Town; and to minimize the adverse effects of a transportation facility by requiring careful review of locations proposed for development of a transportation facility to avoid material adverse impacts on surrounding properties.
B.
Eligibility. TF District zoning for eligible parcels may be approved by the Town Board on petition of the property owner. The following are the minimum requirements for establishing the eligibility of any property for Transportation Facility District (TF):
C.
Permitted uses:
(1)
Permitted principal use: Transportation facility, including parking of buses, vans or limousines, motor vehicle repair services, motor vehicle bodywork and painting, and installation of fuel tanks and associated pumps and dispensers.
D.
Development standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive, where such act is determined appropriate, based upon consideration of the particular circumstances of the individual application and its ability to satisfy the purposes of the TF District.
E.
Procedure. TF District zoning for eligible parcels may be approved by the Town Board on petition of the property owner. The Town Board will be designated as the lead agency for compliance with the New York State Environmental Quality Review Act (SEQRA).
(1)
Preliminary site plan. In the case of an a petition of a property owner requesting the establishment of a TF District, the applicant shall submit a preliminary site plan of the proposed transportation facility showing all proposed buildings and uses on the site and yard setbacks, the proposed location and design of all driveways, parking spaces, landscaping and open spaces. The preliminary site plan shall show the relationship of the proposed facility to adjacent land uses, and such other information as the Town Board may determine to be reasonably related to the health, safety and general welfare of the community. Such plans shall be accompanied by a written business plan, explaining the operations proposed at the transportation facility.
(2)
Preliminary meeting. The applicant and the licensed professional preparing the preliminary site plan shall attend a preliminary, informal meeting of the Town Board lor the purpose of presenting and discussing the petition.
(3)
Public hearing. The Town Board shall schedule and hold a public hearing to solicit public input. Notice of the public hearing shall be posted on the Town's Bulletin Board and published in the Town's official newspaper, publication to be not less than five nor more than 15 days prior to the date of the hearing. A copy of such notice, with proof of posting and publication, shall be filed in the Town Clerk's office.
(4)
Town Board action. Following the close of the public hearing and completion of the SEQRA process, the Town Board shall act to approve the parcel as a transportation facility in conformance with the proposed preliminary site plan, either with or without modifications, or shall disapprove the petition. In the event of its approval, notification of the action taken and copies of all materials accompanying the petition shall be forwarded to the Planning Board for its further review and action, as appropriate.
(5)
Any amendment to the approved preliminary site plan shall follow the same procedure as set forth above.