Town of Lumberland

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Town of Lumberland

Zoning Law

4.0 GENERAL SUPPLEMENTARY REGULATIONS

4.1 Exceptions to District Regulations

4.1.1 Existing Lots

Not withstanding the limitations imposed by any other provisions of this law, the building inspector shall issue a building permit for the construction of a building or structure on a lot, which does not meet the minimum area, width, or yard requirements of this law, provided such substandard lot was on record in the office of the County Clerk prior to November 4, 1985.

Any such substandard lot must conform to and comply with all New York State Health Department requirements and certification of such compliance by a licensed engineer is mandatory. Adjacent substandard lots may be combined by the making and recording of a single deed in order to meet the minimum lot size. An exception to the minimum lot size shall be made in cases where self-contained sewage systems which meet the New York State Health Department Standards are installed provided there is no sewage flow into the ground or water.

4.1.2 Height Exceptions

The height limitations of these regulations shall be waived for barns and silos, private homes antennae, spires, belfries, cupolas, water tanks, ventilators, chimneys, solar energy devices, windmills, transmission towers, flag poles, skylights, or other opportunities usually required be placed above roof level and not intended for human occupancy.

4.1.3 Yard Requirements

The following structures are exempted from the yard requirements indicated in Article IV:

(1) Chimneys, open trellis, uncovered steps, or a terrace not higher than one foot from the ground level.

(2) Overhanging or moveable canopy not extending more than ten (10) feet into required yard.

(4) Fences or walls.

(5) If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and district, said proposed dwelling need not have a front yard greater than the average setback of all existing dwellings so located.

4.1.4 Corner Lots.

(1) Front yard setbacks are required on both street frontages and one yard other than such front yards shall be deemed to be the rear yard and the other a side yard.

(2) No obstructions to vision, including but not limited to fences, walls, signs, brush, landscaping, dense low trees, or earth, shall be permitted at street intersections within a triangle formed by the intersections of street corner lines and a line drawn down between points along such lines 75 feet distant from their point of intersection.

4.1.5 Substandard Lots Created by Governmental Action.

Not withstanding the limitations imposed by any other provision of the Zoning Law adopted on November 4, 1985, the building inspector shall issue a building permit for the construction of a building or structure on a lot, which does not meet the minimum area, width or yard requirements of this law, provided such substandard lot was created by an action and date of a governmental agency such as, but not limited to taking a portion of a lot for road construction, taking a portion of a lot for a park, or similar type situations.

Any such substandard lot must conform to and comply with all New York State Health Department requirements and certification of compliance by a licensed engineer is mandatory. Adjacent substandard lots may be combined by making and recording of a single deed in order to meet the minimum lot size requirement.

4.1.6 Cul-de-sac Lots.

The minimum lot width of new lots fronting on a cul-de-sac may be reduced to seventy-five (75) feet at the edge of the right-of-way provided the width at the building setback line meets the lot minimum requirements contained on the Schedule of District Regulations.

4.2 Access to Structures

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. Every lot hereafter created shall be a minimum of fifty (50) feet in width at the highway right-of-way line, except for existing lot improvements, well lots and similar parcels not intended for building purposes on a stand-alone basis.

4.3 Accessory Buildings

A permitted accessory building, except for farm purposes may be located in any required side or rear yard provided:

(1) Such building shall not exceed twenty (20) feet in height.

(2) Such building shall be set back ten (10) feet from any lot line and at least ten (10) feet from the main building.

4.4 Fences and Walls

(1) Shall not exceed eight (8) feet in height from the ground level, and the unfinished side shall face the property owner.

(2) Shall conform to corner lot requirements where applicable.

(3) Shall provide for emergency equipment access.

(4) The use of barbed wire is prohibited except on RF Residential Forest and RR Rural Residential District lots of 25 acres or more in conjunction with the raising of large animals such as cows and horses.

4.5 Temporary Building Permits

A permit for a temporary building may be authorized by the Code Enforcement Officer for uses and structures incidental to construction on the premises. Such uses and structures may include the storage of building materials and equipment, a real estate office for the sale of property on the premises, and a construction office for work being done on the premises. Such permit shall be authorized for a period of one year and may be extended for two similar periods when the Code Enforcement Officer finds such work has been diligently pursued.

4.6 Calculation of Lot Cleared.

In determining the percentage of lot cleared of a lot in all areas with vegetation including grass, fields, gardens and other man altered flora shall be included. Wooded or natural areas shall not be included.

4.7 Abandonment of Construction or Excavation

4.7.1 Within three months following a construction project or the demolition or abandonment of a building or structure, all construction materials shall be removed from the site and excavation filled to normal grade by owner.

4.7.2 Unfenced excavation shall not be carried out for a period in excess of sixty days.

4.8 Minimum Habitable Floor Area

4.8.1 One-family and two-family dwellings shall have a habitable floor area of at least 720 square feet per dwelling units.

4.8.2 No habitable rooms are permitted in basements or cellars of multiple family dwellings unless a separate outside entrance is provided to all habitable areas.

4.9 Residential Front Yard Grade

Surface grade of residential front yards, measured the mid-point of a residence front wall, shall be at least one foot above the elevation of the street center line, unless adequate site drainage is provided.

4.10 Swimming Pools

4.10.1 Swimming pools, whether permanent or portable, that are accessory to single-family dwellings, shall be located not closer than twenty (20) feet to a front lot line. These regulations shall not apply to portable pools that do not exceed two (2) feet in height or six (6) inches in depth.

4.10.2 Swimming pools that are part of a non-residential use, whether commercial or non-commercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions shall be permanent construction and shall be located not closer than one-hindered (100) feet from any lot line.

4.10.3 All fencing associated with swimming pools shall comply with the New York State Uniform Fire Prevention and Building Code requirements for the same.

4.11 (Reserved)

4.12 Landscaping Standards

4.12.1 The Planning Board shall, to assure an acceptable buffer between adjacent residential and non-residential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any Special Use application. Such a plan shall also be required whenever any non-residential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses.

4.12.2 The landscape plan shall specify locations of all mature shade trees or other species of six (6) inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardness, and schedules for all proposed plantings shall, too, be provided as part of the plan.

4.12.3 Landscape plans shall also be prepared by a licensed landscape architect or other design professional qualified to perform such services and include consideration of all man-made and natural features, including signs.

4.12.4 The Planning Board, in reviewing a landscape plan, may employ the assistance of a design professional and seek the non-binding advice of interested civic organizations concerned with community beautification. The Board shall also specifically consider the following before approving, approving with modifications, or disapproving the Special Use:

(1) The plan should promote attractive development, preserve vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.

(2) The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.

(3) The plant material selected should be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purpose.

(4) The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.

(5) The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to climate planting zone 4 as the designation is used in the nursery industry.

4.12.5 Landscaping Standards

All new landscaping required shall meet the following minimum specifications:

(1) The minimum branching height for all shade tress shall be six (6) feet.

(2) Shade trees shall have a minimum caliper of two and one half (2 1/2) inches (measured 1 foot above grade) and be at least twelve (12) feet in height when planted.

(3) Evergreen trees shall be a minimum of six (6) feet in height when planted.

(4) Shrubs shall be a minimum of 24" in height when planted. Hedges shall form a continuous visual screen within two (2) years of planting.

(5) A buffer screen at least fifteen (15) feet in width along any residential lot line shall be provided. It shall include, at a minimum, an opaque wooden stockade fence six (6) feet in height and one (1) evergreen tree for every fifteen (15) linear feet of property line. An additional row of evergreens meeting these standards and off-set such that each row serves to place trees between the gaps of the other, shall be permitted as a substitute for a stockade fence. No stockade or similar fence, however, shall exceed eight (8) feet of height or be placed in such a way as to purposely interfere with the views from or admission of light and air to an adjoining residential property, nor shall barbed wire fences be used between residential properties.

(6) A landscape strip of at least fifteen (15) feet in width, that includes at least one (1) deciduous tree for every 35 linear feet of perimeter lot line shall be required for any non-residential use. Such deciduous tress shall also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use. The widths of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot lines.

(7) All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate cover.

(8) Preservation of the majority of mature shade trees shall be required within designated yard areas. These may be used to meet requirements of this section provided the Code Enforcement Officer of Planning Board, as the case may be, determines the purpose of this section is achieved.

4.12.6 Where it is determined that a proposed Special Use would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be appropriately modified but not be waived unless no new construction is involved.

4.12.7 A performance guarantee in the amount of one-hundred-twenty-five percent (125%) of the cost of materials and installations may be required to assure that all landscaping survives in a healthy condition once (1) full year and any required fencing is properly maintained. The Code Enforcement Officer shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The Code Enforcement Officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunned or infested plant materials. The requirement to maintain such fencing and landscaping shall continue beyond the period of the guarantee and the Code Enforcement Officer may proceed as provided herein to remedy any deficiencies in this regard.

4.12.8 All applicable requirements of these landscaping regulations shall be fully met prior to the Code Enforcement Officer granting a Certificate of Occupancy for a new building or use subject to these regulations.

4.13 Performance Standards

Whenever a commercial or manufacturing or other non-residential use, with the exception of agricultural activities and home occupations, is proposed as a Special Use application. The Code Enforcement Officer shall ensure these standards are met prior to issuing a Certificate of Occupancy for the use and may require the applicant(s) to provide documentation of compliance.

4.13.1 Where a commercial or manufacturing use is contiguous to an existing residential use in any District (including those situated on the opposite side of a highway), the Planning Board may require that the minimum front, side and rear yards be increased by up to fifty (50%). The Board may also require, for the purpose of separating incompatible activates or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty (20) feet wide dense evergreen planting not less than six (6) feet high be maintained unless the properties are in the same ownership or the full width of the yard is already wooded.

4.13.2 All activities involving the manufacturing, production, storage, transfer or disposal of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire-fighting and fire suppression equipment and devices shall be provided pursuant to National Fire Protection Association guidelines. Burning of waste materials in an open fire is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant and the Planning Board may require that greater front, side and rear yards and/or fencing.

4.13.3 No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

4.13.4 All activities shall comply with the Town of Lumberland Noise Law.

4.13.5 No vibration shall be permitted on a regular or continued basis which is detectable without instruments at the property line.

4.13.6 All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source. Light sources shall comply with the following standards:

Type of	Maximum Illumination	Maximum Permitted
Light Sources	Permitted at Property Line	Height of Light
Globe Light	0.20 Footcandles	15 Feet
>90% Cutoff	0.75 Footcandles	25 Feet
<90% Cutoff	2.00 Footcandles	30 Feet

No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular basis, shall be permitted.

4.13.7 No emission shall be permitted on a regular or continuing basis from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc. and copyright 1954.

4.13.8 No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall be permitted on a regular or continued basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

4.13.9 All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazard (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.

4.13.10 Whenever a vehicle and equipment sales, mechanical and body repair use is proposed as a Special Use, or as an expansion of an existing non-conforming use, the following additional performance standards shall apply.

(1) All mechanical and body repair work shall be preformed within buildings.

(2) All automotive or vehicle parts, new or used, shall be stored within buildings.

(3) Vehicles which are temporarily on the property awaiting to be repaired, shall be stored in an area which meets the minimum yard buffer requirements applicable for the district and the use.

(4) Storage and/or disposal of waste materials shall be in accord with local and/or State requirements pertaining to the same and industry best practices.

4.14 Areas of Special Flood Hazard

4.14.1 Establishment and Delineation of Areas of Special Flood Hazard.

4.14.2 Permitted Uses

The following uses which have low flood damage potential and which do not obstruct flood flows may be permitted within Special Flood Hazard Areas to the extent that these uses do not constitute development or substantial improvement to a structure and are not otherwise prohibited by any other Law.

(1) Agricultural uses such as pasture or grazing as long as they do not require development within the flood plain.

(2) Private and public recreational areas such as swimming areas, open space, wildlife or natural preserves, hunting and fishing areas, hiking and horseback trails as long as they do not require development within the flood plain.

(3) No uses shall diminish or constrict the capacity of the channel or floodway of any watercourse, or any tributary to the main stream, or any other watercourse, drainage ditch or any other facility or system to discharge the waters from the base flood.

4.14.3

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767