A.
Except in the Mixed Use Ballston Lake, Business, Rural
Highway Transition District, Senior Housing Districts, or when a traditional
neighborhood design is utilized (TND), only one principal use per
lot shall be allowed.
B.
Except for two-family, townhouse or accessory dwellings
where permitted, no more than one single-family detached dwelling
shall be allowed on any one lot.
Generally, a zoning permit or approval runs with the land and
not with the individual or entity to which such permit or approval
was issued. A change of occupancy or tenancy does not require a new
permit or approval as long as the use continues to meet the requirements
of this chapter and is not otherwise changed, enlarged or expanded.
At the Code Officer's discretion, application for change of occupancy
may be referred to the Planning Board. Any change of use, or change
in the intensity of a commercial use that will require a modification
of existing means of access or egress, parking or loading facilities,
drainage, utilities, or signage shall require site plan approval by
the Planning Board. Any change of use, or change in the intensity
of a commercial use that will require a modification of existing means
of access or egress, parking or loading facilities, drainage, utilities,
or signage, shall require site plan approval by the Planning Board.
A special use permit shall also be required if a change is made to
a use that also requires a special use permit as per the Tables of
Uses, Area, Frontage, and Setback Requirements,[1] regardless of whether the original use had been issued
a special use permit.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
The use of outdoor storage containers, other than a shed or
outbuilding or refuse receptacle, shall be prohibited for a period
of greater than four weeks if such storage container can be seen from
neighboring properties or frontage roads except where such containers
are present during ongoing construction activities under a valid building
permit.
Except for accessory dwelling units, the livable space footprint
of all dwelling units shall be a minimum of 720 square feet.
A.
Driveway specifications.
(1)
All driveways shall be wide enough to accommodate
emergency service vehicles and shall have a minimum width of 12 feet,
and shall not exceed an 8% slope from where it intersects the street
to the setback.
(2)
All driveways in excess of 500 feet in length
shall have a twenty-foot-by-forty-foot pull-off placed for emergency
vehicle use every 500 feet or such other length as may be required
by the New York State Fire Code.
(3)
All driveways shall be constructed to slope away
from the edge of the travel lane at the same slope as the road shoulder
where it meets.
(4)
A driveway shall not adversely affect the highway
drainage or drainage of adjacent properties.
(5)
Drainage and the stability of the road subgrade
shall not be impaired by driveway construction or roadside development.
The drainage design of a construction project shall not be compromised
by field adjustments to compensate for altered driveway location.
In no case shall the construction of a driveway cause water to flow
across the highway pavement, pond on the shoulders, or pond in the
ditch.
(6)
Where construction of a driveway necessitates
crossing a highway ditch, a culvert pipe of adequate capacity shall
be installed in the ditch. The low point of the driveway profile shall
be at or close to the centerline of the pipe to direct runoff (flowing
from the highway and adjacent property) into the ditch.
(7)
No driveway can provide for the required frontage
of a lot.
B.
Shared access specifications:
(1)
No more than four parcels of land may be accessed
by the same driveway.
(2)
All driveway specifications, at a minimum, shall
be met for a shared accessway.
(3)
No shared accessway shall provide for the required
frontage of a lot and all lots must have the appropriate road frontage
on an approved private or public road.
(4)
Whenever a shared accessway is proposed or required,
a shared maintenance agreement as per NYS Attorney General CPS-7 should
be filed with the NYS Attorney General's Office.
C.
D.
New access roads to subdivisions shall have a minimum
width of 19 feet and a maximum width of 25 feet.
A.
Applicability. Any agricultural use identified in any
Table of Uses, Area, Frontage and Setback Requirements[1] requiring a modified site plan review shall meet all requirements
of this section.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B.
The applicant shall submit the following documents
or information to the Planning Board for a modified site plan review
with a copy of the application furnished to the Building Inspector.
(1)
Sketch of the parcel on a location map (e.g.,
tax map) showing boundaries and dimensions of the parcel of land involved
and identifying contiguous properties and any known easements or rights-of-way
and roadways.
(2)
Existing features of the site, including land
and water areas, water or sewer systems and the approximate location
of all existing structures on or immediately adjacent to the site.
(3)
For agritourism operations, the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking, circulation of traffic, and signs. (See also § 138-160).
(4)
The proposed location and arrangement of specific
land uses such as livestock containment areas, or manure storage/manure
composting sites.
(5)
Sketch of any proposed building, structure or
sign, including exterior dimensions and elevations of front, side
and rear views. Include copies of any available blueprints, plans
or drawings.
(6)
Description of the farm or agri-related operation
(existing and/or proposed) and a narrative of the intended use and/or
location of proposed buildings, structures or signs, including any
anticipated changes in the existing topography and natural features
of the parcel to accommodate the changes and describe setbacks or
other methods to minimize impacts to adjacent lands, environmental
features and water bodies.
(7)
Include the name and address of the applicant
or, if the applicant is not the owner of the property, provide authorization
of the owner.
(8)
If any new structures are going to be located
adjacent to a stream or wetland, provide a copy of the floodplain
map and wetland map that corresponds with the boundaries of the property.
(9)
Application form and fee as may be established
by the Town Board.
(10)
A 100-foot buffer shall be placed between agricultural
structures and any stream, lake, wetland, or other water body.
C.
Planning Board action on a modified site plan.
(1)
The Planning Board shall, at the first regularly
scheduled meeting held after submission of the modified site plan
application, begin the review process. Incomplete applications shall
be returned to the applicant, without prejudice, with a letter stating
application deficiencies. No modified site plan application shall
be deemed complete until the application form, fee if any, and site
plan information described in this section have been accepted by the
Planning Board.
(2)
Once a complete application has been received,
the Planning Board shall conduct its modified review and render a
decision within 45 days unless an extended time frame is mutually
agreed upon with the applicant. If the application is deemed complete,
the Planning Board shall conduct its review and render a decision
on the modified site plan at the first regularly scheduled meeting
held after submission of the modified site plan application to the
Planning Board. The Planning Board may hold a public hearing if deemed
necessary. All requirements of SEQRA, Part 617 shall be met prior
to decision.
(3)
The Planning Board's action shall be in
the form of a resolution stating whether the modified site plan is
approved, disapproved or approved conditionally with modifications.
Any modification required by the Planning Board shall be considered
a condition for issuance of a building permit. If the modified site
plan is disapproved, the Planning Board's resolution will contain
the reasons for such findings. In such a case, the Planning Board
may recommend further study of the site plan and resubmission to the
Planning Board after it has been revised or redesigned.
(4)
Approval. Upon approval of the modified site
plan and payment by the applicant of all fees due to the Town, the
Planning Board shall endorse its approval on a copy of the site plan
and shall, within five business days of its decision, file with the
Town Clerk a copy of the approved resolution approving the modified
site plan with the Building Inspector. A copy of the written statement
of approval shall be mailed to the applicant. Upon approval of the
modified site plan, the applicant shall be eligible for applying for
a building permit if one is required.
(5)
Approval with modifications. The Planning Board
may approve the modified site plan and require that specific modifications
or conditions be made. A copy of the resolution of approval containing
the modifications required by the Planning Board shall be mailed to
the applicant and filed with the Town Clerk and the Building Inspector.
The Building Inspector shall not issue a building permit until the
modified abbreviated site plan has been reviewed and determined that
the plan reflects modifications as required by the Planning Board.
(6)
Disapproval. The Planning Board shall make a
resolution if its decision is to disapprove the application. The resolution
shall set forth the reasons for the Board's decision not to approve
the application. Upon disapproval of the site plan, the Planning Board
shall, within five business days, file the resolution with the Town
Clerk and Building Inspector. No building permit shall be issued when
an abbreviated site plan has been disapproved.
(7)
Extension of time. The time period in which the
Planning Board must render its decision on the modified site plan
may be extended only upon mutual consent of the applicant and the
Planning Board. Failure of the Planning Board to act within the sixty-two-day
time period specified or other time frame agreed upon between the
applicant and Board shall constitute Planning Board approval of the
site plan as submitted or last amended, and shall be deemed automatic
approval. An applicant's failure to follow through within the
specified time period on submitting application requirements shall
not be considered a failure of the Planning Board, and thus shall
not be deemed automatic approval.
A.
Purpose. As per Ballston's Comprehensive Plan,
the Town has established community goals to protect the environment,
preserve open spaces, promote farm activities, and maintain the rural
character. Residential density is established in the Table of Uses,
Area, Frontage and Setback Requirements.[1] This density shall be considered as a base density to
be adjusted to take into consideration the specific environmental
sensitivities that may be present on a parcel and to ensure that the
density allowed matches the capacity of that particular parcel.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Applicability. Net acreage shall be used to calculate
density in the Rural District and the Ballston Lake Residential district.
Average lot sizes may be used at the discretion of the applicant,
in the Rural District and Ballston Lake Residential District.
C.
Net acreage shall be calculated as follows:
(1)
Identify the total acreage (gross) of the parcel.
(2)
Subtract all acreage on the parcel constrained
with the following environmental features on the parcel:
(a)
Any 100-year flood plain as defined by the Federal
Emergency Management Agency (FEMA) Flood Hazard Boundary maps as those
maps now exist or as they may be amended from time to time;
(b)
Wetlands, including New York State designated
wetlands (excluding the 100-foot buffer), wetlands regulated by the
U.S. Army Corps of Engineers or any successor agency, and wetlands
as may be designated on any habitat or biodiversity map that may be
developed for the Town;
(c)
Lands covered by water, including streams, natural
lakes or ponds, or constructed water bodies, including retention and
detention basins; and
(d)
Lands having slopes more than 15% slope.
(3)
The total gross acreage minus the environmentally
constrained acreage equals the net acreage. To determine the number
of allowable residential units on the site, divide the net acreage
by the allowable number of units per acre required within the zoning
district. Round down fractional units of 0.5 or less and round up
fractional units greater than 0.5. The resulting number is the net
density allowed on the site.
(4)
Whenever a minor or major subdivision occurs
on parcels that are not subdivided into the maximum number of lots
allowed by this chapter at one time, the Planning Board shall require
a notation to be placed on all plat maps to clearly inform the landowner(s)
how many additional lots remain eligible to be created in a future
subdivision.
D.
Allowance for average lot size. The Planning Board
shall allow for averaging lot sizes when a subdivision takes place
in the Rural and Ballston Lake Residential Districts. Lots may vary
in size provided that all local, county and state water and septic/wastewater
requirements are met for each and every lot, and provided that the
average size of all lots equals the density requirement of that district.
E.
Monitoring lot splits. The adjusted density calculated
pursuant to this section is the total and maximum development potential
for a particular parcel, regardless of the number of times a parcel
is subdivided. Once this full development potential has been reached
through subdivisions, no further density or subdivision activity shall
be allowed. The Town of Ballston recognizes that proper administration
of the average density concept is important in meeting the intent
of this chapter. The following procedures have been established to
help ensure proper monitoring of lot splits.
(1)
An official parcel map indicating existing lots,
parcel numbers, and land ownership shall be established along with
an official register containing this information.
(2)
The Town shall maintain a record of the estimated
allotment of lots and dwelling units possible under this chapter for
each parcel under review.
(3)
The Planning Board shall calculate the number
of lots allowed as per this section of this chapter.
(4)
A property owner submitting a minor or major
subdivision plan shall be required to specify on his/her plan and
on any approved final plat, which lot or lots shall carry with them
the right to erect or place any unused allocation of dwelling units
the parcel may have. Plat notes shall be required to indicate the
total number of lots eligible to be created, the number of lots proposed
to be allocated as part of the subdivision, and the number of remaining
lots that could be created in future subdivisions pursuant to the
density requirements of this subsection.
(5)
As allotments are used up, the official parcel
map and register shall be updated to reflect these changes. All future
plat maps shall also reflect this information.
(6)
The official map and register shall be maintained
by the Planning Board Clerk upon final approval of each subdivision
and copies made available for inspection by the public.
F.
Setbacks on and use of constrained and unconstrained lands. In all districts, the buildable area and all minimum front, side and rear yard requirements must be satisfied by measurement wholly on unconstrained lands. Unconstrained land shall not include areas as per § 138-157C(2)(a) through (d):
(1)
In determining the locations of wetlands, the
Planning Board may require that the wetlands be flagged during an
on-site wetland delineation by a professional engineer, surveyor or
a wetland biologist.
(2)
All setbacks required as per Attachments 1 through
11 shall be measured from boundaries of constrained lands that may
be present on the parcel, not from the property boundary lines.
A.
General standards for all home occupations.
(1)
No home-based business shall generate significantly
greater traffic volumes or increased traffic hazards than would normally
be expected in a residential district.
(2)
The home-based business must be clearly incidental
and subordinate to the residential use and the home occupation operator
must be in residence to operate the home occupation.
(3)
The home-based business shall be allowed to be
conducted within the dwelling unit. No more than 15% of floor area
of the dwelling unit may be used in connection with a home occupation.
Inventory and supplies shall not occupy more than 50% of the area
permitted to be used as a home occupation.
(4)
The residential character of the single-family
dwelling and the lot shall not be altered to accommodate a home-based
business.
(5)
Not more than two home occupations may occur
on a single lot.
(6)
The equipment used by the home-based business
and the operation of the home-based business shall:
(a)
Not create any vibration, heat, glare, dust,
odor, or smoke discernible at the property lines;
(b)
Not generate noise exceeding 55 decibels at the
property line from 8:00 a.m. to 6:00 p.m.;
(c)
Not generate any noise discernible by the human
ear at the property lines from 6:00 p.m. to 8:00 a.m.;
(d)
Not create electrical, magnetic or other interference
off the premises;
(e)
Not consume utility quantities that negatively
impact the delivery of those utilities to surrounding properties;
or
(f)
Use or store hazardous materials in excess of
the quantities permitted in a residential structure.
C.
Major home occupations.
(1)
Major home occupations require a special use permit approved by the Planning Board and must meet all requirements of this section and any conditions placed by the Planning Board pursuant to Article XXIX.
(2)
All vehicles used in connection with the operation
of the business on the premises shall be screened or stored in an
enclosed structure.
D.
Conditions of approval for a major home occupations
established by the Planning Board may specify:
(1)
Hours of operation;
(2)
Maximum number of customer/client visits that
may occur in any one day;
(3)
The maximum number of customers/clients that
can be present at any one time;
(4)
Retail sales shall be limited to goods made and/or
prepared on site;
(5)
No other business shall be permitted to share,
let or sublet space for professional use;
(6)
All lighting, noise, sign and parking requirements
of this chapter shall be met;
(7)
There shall be no exterior storage of materials
to be used in conjunction with a home occupation. All exterior storage
used in conjunction with a major home occupation shall be within structures
and not visible from the public way or adjacent properties;
(8)
All storage of equipment, materials, goods, or
supplies shall also meet all requirements for such use. All exterior
storage, including heavy earth moving equipment, tractor trucks, or
other similar specialized vehicle used in conjunction with a home
occupation must be screened from view or stored within structures
and not visible from the public way or adjacent properties;
(9)
Adequate parking shall be provided for all home
occupants, employees and customers so as not to cause parking congestion
or a visual disturbance to the character of the neighborhood.
A.
EVSE stations shall be permitted as per Attachments
1 through 11.
B.
All EVSE station installations shall meet the National
Electrical Code Article 625.
C.
EVSE: Private uses shall be considered an accessory
structure and shall meet all requirements related to accessory uses.
D.
EVSE: Public use.
(1)
Charging station outlets and connectors shall
be no less than 36 inches high and no higher than 48 inches from the
surface where mounted.
(2)
Adequate protections, such as concrete-filled
steel bollards with signage attached, shall be installed.
(3)
Adequate site lighting shall be provided.
(4)
For all parking lots for one to 50 spaces associated
with a mixed commercial/residential structure, commercial building,
townhouse, senior citizen district, or any multiple dwelling, at least
one EVSE station shall be located in the common use parking area and
shall be available for use by all residents or users. Where parking
lots provide for more than 50 spaces, two EVSE stations shall be required.
Keeping of agricultural animals for personal use and not part
of a farm operation as defined in this chapter shall require a permit
from the Building Department, shall be allowed in any district only
where the acreage requirements pursuant to the table in this section
can be met, and shall meet the following requirements:
A.
Locate all structures, barns, manure storage areas,
ponds, equipment sheds, silos, and pastures to the rear yard of the
property.
B.
Have fencing to fully enclose the area to be used
for agricultural animals. All livestock shall be fenced.
C.
Ensure that all animals are kept away from any
wetland, stream, floodplain, vernal pool, or other water body on the
parcel. No animal shall have direct access to a wetland regulated
by the New York State Department of Environmental Conservation or
the US Army Corps of Engineers, impoundment, stream, spring, or well
on the lot on which the livestock is located.
D.
Have in place methods to remove or manage manure
waste from animals.
E.
Have adequate acreage for proper care and feeding
of animals as per the table below:
|
1.
|
Rabbits
|
No minimum acreage requirements if rabbits are kept in hutches.
Maximum 6 rabbits
|
|
2.
|
Poultry
|
2 acres for 12 birds or less, 1 acre per 13 to 20 birds (chickens,
pheasants, ducks, turkeys, geese, guinea fowl). No roosters, peacocks
or other fowl permitted
|
|
3.
|
Livestock
|
1 animal per 2 acres
|
|
4.
|
Sheep, goats
|
Maximum 1 adult animal per 2 acres
|
|
5.
|
Alpacas and llamas
|
Maximum 1 llamas and adult alpacas per 2 acres
|
|
6.
|
Pigs — finishing/market hogs
|
Maximum 1 head per 2 acres
|
|
7.
|
Cattle
|
1 adult animal per 2 acres
|
|
8.
|
Horses
|
1 adult animal per 2 acres
|
|
9.
|
Miniature equine
|
Maximum 2 adult animals per 2 acres
|
F.
Setbacks shall ensure that noise or odors impacts
on adjacent properties from the agricultural operation are minimized.
There shall be a minimum fifty-foot buffer between all buildings and
structures used to store feed or other materials or manure from adjacent
properties to minimize impacts of noise or odor. Such buffers may
consist of plant screening, woodlands, vegetated berms, fences, or
natural topographic features. A minimum of 100 feet shall be provided
between any area or structure used for the storage of animal wastes
and wetlands and waterways.
G.
No roosters, peacock or other fowl shall be allowed.
A.
All agritourism activities as defined in this chapter shall require modified site plan approval from the Planning Board per § 138-156.
B.
In cases where the farm operation offers a recreational
activity or holds a special event, including charitable events as
part of its overall marketing strategy, or where the event is open
to the general public, the farm's agricultural products/services
are sold at the event and no admission, facility rental and/or vendors
fees are involved, these activities shall be considered part of the
farm operation. The primary purpose of such events must be to market
the farm's agricultural commodities and the events must be sufficiently
related to the farm operation. The Planning Board may consult with
the New York State Department of Agriculture and Markets on a case-by-case
basis to determine whether the Department considers a specific proposal
to be eligible as part of a farm operation under AML § 305-a.
C.
Agritourism activities determined to be part of a farm
operation shall be subordinate to the farm operation.
D.
Agritourism events and activities must be: 1) directly
related to the sale and promotion of the crops (including beverages),
livestock, and livestock products produced at the farm; 2) incidental
and subordinate to the retail sale of the farm's crops, livestock,
or livestock products; 3) hosted by the farm; and 4) feature the farm's
crops, livestock, and livestock products. The primary purpose of an
agritourism event/activity is to sell the farm's agricultural
commodities and not to gain admission fees or other income.
E.
When a bed-and-breakfast is proposed as part of a farm
operation, the bed-and-breakfast shall be on the farm parcel in an
existing residential structure. There shall be a maximum of 10 guests
at any one time.
F.
No parking related to agritourism events shall take
place on any public roadway.
G.
The Planning Board may limit the number of vehicles
accessing the site per day based on the existing road conditions,
adjacent land uses, and activity in order to limit adverse impacts
of traffic and noise. All agritourism operations shall have adequate
space to meet provide for off-street parking to address parking needs.
H.
Any structure associated with an agritourism activity
shall be consistent with the existing character of the neighborhood.
I.
All signs related to the agritourism activity shall meet all requirements for signs of § 138-73. No interior illumination of any sign shall be permitted.
J.
All outdoor lighting shall use fully shielded light
fixtures. Any lighting necessary for the related structures shall
be minimized and shall be properly shielded to prevent glare onto
adjacent properties. There shall be no glare beyond the property lines.
K.
The agritourism activity shall not interfere with
any agricultural practices conducted on adjacent farms.
A.
The purpose of this section is to balance the potential
impact on the community when solar collectors may be installed while
preserving the rights of property owners to install solar collection
systems without excess regulation. The intent is to allow building-integrated
photovoltaic (BIPV) systems, flush-mounted solar systems, roof-mounted,
building-mounted and pole-mounted solar installations that have a
minimal footprint/height to be approved using the building permit
process while requiring freestanding, ground-mounted or pole-mounted
solar energy system installations over a certain footprint/height,
and based upon certain placement, to go through a site plan review
and special use permit process before the Planning Board with notification
to abutting property owners. This legislation is not intended to override
agricultural exemptions that are currently in place for agricultural
uses.
B.
Solar energy is a renewable energy resource that can
reduce fossil fuel emissions and reduce a municipality's energy
load. Energy generated from solar energy systems can be used to offset
energy demand on the grid.
C.
The use of solar energy equipment for the purpose of
providing electricity and for heating and/or cooling is a national
priority and is a necessary component of the Town of Ballston's
current and long-term sustainability agenda. The Town of Ballston
is in support of energy initiatives for NYS.
D.
Solar energy solutions may provide farms with subsidy
for under-utilized or poor performing soils, thereby financially benefitting
without adversely affecting the core farming operation.
E.
Authority. This solar energy installations section
is adopted pursuant to §§ 261 through 263 of the Town
Law and § 20 of the Municipal Home Rule Law of the State
of New York, which authorizes the Town to adopt zoning provisions
that advance and protect the health, safety and welfare of the community,
and, in accordance with the Town Law of New York State, to make provisions
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight therefor.
As used in this §§ 138-162 through 138-162.8, the following terms shall have the meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
Area of solar panels which compose a complete array. This
area includes spaces, including greenspace, between panels.
A solar energy system that consists of integrating photovoltaic
modules into the building structure such as the roof or the facade
and which does not alter relief of the roof. A combination of photovoltaic
building components integrated into any building envelope system such
as vertical facades, including glass and other facade material, semi-transparent
skylight systems, roofing materials and shading over windows for the
purpose of producing electricity for on-site usage or consumption.
Solar installation owned collectively through subdivision
homeowner association, college student groups, "adopt-a-solar-panel,"
or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof or wall and which cannot be angled or raised.
A solar energy system that is directly installed on the ground
and is not attached or affixed to an existing structure.
The effect by reflection of light with intensity sufficient
to cause annoyance, discomfort or loss in visual performance and visibility
in any material respects as determined by the zoning enforcement officer.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid, in accordance with Public Service Law § 66-j
regulations.
The Town of Ballston authority charged with granting permits
for the installation of alternative energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity when light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's or NABCEP's list of certified installers
may still be deemed to be qualified solar installers if the Town of
Ballston determines such persons to have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of the exposed parts.
A solar panel system located on the roof of any legally permitted
building or structures for the purpose of producing electricity for
on-site usage or consumption.
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted system or as modules
fixed to frames which can be tilted toward the south at an optimal
angle.
Space open to the sun and clear of overhangs or shade including
the orientation of the streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
A solar photovoltaic cell, panel or array, or any solar hot
air or solar energy collector which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored energy to heat, air or water.
An easement recorded pursuant to the NY Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy and can be stored, protected
from unnecessary dissipation and distributed. Solar systems include
solar thermal, photovoltaic, and concentrated solar.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
The area within the system's fenced perimeter.
The percentage of lot area covered by the combined area of
all solar panels, equipment, and impervious surfaces within the system
area and impervious access roads. This area does not include pervious
green space between panels.
Residential or small-scale solar with electricity generated.
Not to exceed 25 kW. Permitted in all districts and building permit
required.
Agricultural solar, ground-mounted. Electricity generated
intended to meet the demand of the proposed or existing agricultural
operations in accordance with Public Service Law § 66-j,
when applicable. Any systems over 25 kW. Permitted in the Rural District
only. Modified site plan review and building permit required.
Commercial solar, roof-mounted. Any system 25kW or greater.
Permitted in Commercial and Industrial District. Site plan review
and building permit required.
Community solar installation (CSI). Minimum of 60 acres required.
Systems must exceed 25kW. Allowed in the Rural District only. Special
use permit, site plan review and building permit required.
Any solar installation 25kW or greater
A.
The requirements of this chapter shall apply to all
solar collector system installations modified or installed after the
effective date of this chapter.
B.
Solar collector system installations for which a valid
building permit has been properly issued, or for which installation
has commenced before the effective date of this chapter, shall not
be required to meet the requirements of this chapter.
C.
All solar collector systems shall be designed, erected,
and installed in accordance with all applicable codes, regulations
and industry standards.
D.
Solar collectors, unless part of a Type III system,
shall be permitted only to provide power for use by owners, lessees,
tenants, residents, or other occupants of the premises on which they
are erected, but nothing contained in this provision shall be construed
to prohibit collective solar installations or the sale of excess power
through a net-billing or net-metering arrangement in accordance with
New York Public Service Law § 66-j or similar state or federal
statute.
E.
General regulations:
(1)
Solar energy systems and equipment shall be permitted
only if they are determined by the Town not to present any unreasonable
safety risks.
(2)
Solar collectors and related equipment shall
be surfaced, designed, and sited so as not to reflect glare onto adjacent
properties or any Town, county or state road.
(3)
All solar energy systems shall adhere to the
New York State Uniform Fire Prevention and Building Code including
but not limited to weight load, wind resistance, ingress, or egress
in the case of fire or other emergency.
(4)
All solar collector installations must be performed
by a qualified solar installer.
(5)
Prior to operation, electrical connections must
be inspected by a Town Code Enforcement Officer and by an appropriate
electrical inspection person or agency, as determined by the Town.
(6)
Any connection to the public utility grid must
be inspected by the appropriate public utility.
(7)
Solar energy systems shall be maintained in good
working order.
(8)
If solar storage batteries are included as part
of the solar collector system, they must meet the requirements of
the New York State Uniform Fire Prevention and Building Code when
in use and, when no longer used, shall be disposed of in accordance
with the laws and regulations of the Town and other applicable laws
and regulations.
F.
Planning Board site visits will be required for
all Type II and Type III solar installations. A majority of the Planning
Board members shall conduct a site visit before approval. The Planning
Board members shall be accompanied by the applicant's design
professional. These site visits are to give the Planning Board members
a personal perspective of the site, regarding topography, existing
site conditions such as farm fields, forest, hedgerows or neighboring
residences and how the site may be buffered.
A.
Type I, Residential or small-scale solar energy (not
to exceed 25kW). Small-scale solar energy installations shall be permitted
by right in all districts of the Town. They are considered accessory
structures and impervious surfaces. They must comply with all area
and bulk regulations for the district in which they are located. All
such installations require a building permit.
(1)
Rooftop and building-mounted solar collectors.
(a)
In order to ensure firefighter and other emergency
responder safety there shall be a minimum perimeter area around the
edge of the roof and structurally supported pathways to provide space
on the roof for walking around all rooftop and building-mounted solar
collectors. Additionally, installations shall provide for adequate
access and spacing in order to:
(b)
Exceptions to these requirements may be requested
where access, pathway or ventilation requirements are reduced due
to:
[1]
Unique site-specific limitations;
[2]
Alternative access opportunities
(as from adjoining roofs);
[3]
Ground-level access to the roof
area in question;
[4]
Other adequate ventilation opportunities
when approved by the Town;
[5]
Adequate ventilation opportunities
afforded by panel setback from other rooftop equipment (for example,
shading or structural constraints may leave significant areas open
for ventilation near HVAC equipment);
[6]
Automatic ventilation device;
[7]
New technology, methods, or other
innovations that ensure adequate emergency responder access, pathways
and ventilation opportunities.
(2)
Building-integrated photovoltaic (BIPV) systems.
BIPV systems are permitted outright in all zoning districts. BIPV
systems shall be shown on the plans submitted for the building permit
application for the building containing the system.
(3)
Solar-thermal systems. Solar-thermal systems
are permitted in all zoning districts subject to the following condition:
(a)
Building permits are required for installation
of all solar-thermal systems.
(4)
Solar energy systems and equipment shall be issued
building permits only if the Town of Ballston Building Inspector determines
that the proposed solar energy system does not present any unreasonable
safety risks, including, but not limited to, the following:
(5)
Ground-mounted systems shall be on parcels of
two acres or more. These systems will be considered accessory structures.
System height shall not exceed 12 feet from average grade.
B.
Type II-A, Agricultural solar systems. Only allowed
in the Rural District and must meet all area and bulk regulations
for that zoning district. Modified site plan review and building permit
required. Any solar installation in the Agricultural District must
follow NYS Department of Agriculture and Markets current guidelines
for solar energy projects. Electricity generated intended to meet
the demand of the proposed or existing agricultural operations in
accordance with Public Service Law § 66-j, when applicable.
(1)
Where the owner of the property is different
than the site host of a solar energy system, the owner of the property
shall provide an affidavit or evidence of agreement between the property
owner and the solar energy system's owner/operator verifying
that the system owner/operator has the permission of the property
owner to install and operate the solar energy system.
(2)
General provisions. All applications for Type
II-A agricultural solar installation will be in accordance with the
following:
(a)
Development and operation of a solar energy system
shall not have a significant adverse impact on agricultural activities
or on fish, wildlife, or plant species or their critical habitats,
or other significant habitats identified by the Town of Ballston or
any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance
of any solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(c)
All structures and devices used to support solar
collectors shall be nonreflective (such as galvanized steel) and/or
painted a subtle or earth tone color.
(d)
Any site containing a Type II-A agricultural
solar energy system shall contain fencing enclosing all solar energy
system components that present safety hazards. The fencing shall be
in compliance of National Electrical Code Section 110.31. Fencing
and gates shall be a minimum of seven feet in height, sufficient for
preventing entry.
(e)
Screening: Berms, landscape screen, or conifer
trees, or any combination thereof acceptable to the Town capable of
screening the site, shall be provided along any property line that
abuts an existing residence and public roadways.
(f)
There shall be 250 feet minimum separation from
neighboring residences to agricultural solar system. For residences
on the same property as the agricultural solar system, there shall
be a minimum of 100 feet separation.
(3)
All topsoil will be saved and reused upon the
site. Following construction of a large-scale or utility-scale ground-mounted
solar energy system, all disturbed areas where soil has been exposed
shall be reseeded with grass and/or planted with low-level vegetation
capable of preventing soil erosion and airborne dust.
(4)
Applications for Type II-A agricultural solar
energy systems shall meet the following additional criteria:
(a)
Documentation of access to the project site(s),
including the location of all access roads, gates, parking areas,
etc.
(b)
A plan for clearing and/or grading of the site.
If necessary, a plan for stormwater management and erosion control
of the site.
(c)
After completion of a Type II agricultural solar
energy system, the applicant shall provide a post-construction certification
from a professional engineer registered in New York State that the
project complies with applicable codes and industry practices and
has been constructed and is operating according to the design plans.
(5)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy
systems and solar energy systems for which a special use permit has
expired shall be removed by the owner. A solar energy system shall
be deemed abandoned when it fails to produce energy for at least six
months. All safety hazards created by the installation and operation
of the solar energy system shall be eliminated and the site restored
to its preexisting condition within six months of the removal of the
solar energy system.
(b)
For all utility-scale solar energy systems, the
applicant shall submit a decommissioning plan for review and approval
as part of the special use permit application. The decommissioning
plan shall identify the anticipated life of the project, method and
process for removing all components of the solar energy system and
returning the site to its preexisting condition, and estimated decommissioning
costs, including any salvage value.
(c)
The applicant for a utility-scale solar energy
system where the system is the principal use on a lot shall, as a
condition of the special use permit and upon each renewal, provide
and maintain a form of financial surety. Such financial surety shall
be provided either through a security deposit, escrow account, bond,
or in a manner otherwise acceptable to the Town. The amount shall
be based upon the estimated decommissioning costs. Salvage value shall
not be included in the estimated decommissioning costs. It is intended
to cover, in whole, the cost of decommissioning in the event the Town
must remove any utility-scale solar energy systems and associated
structures/components, as well as restore the site subsequent to such
removal in accordance with the approved decommissioning plan. Upon
successful completion of all decommissioning activities, any remaining
portion of the posted financial surety shall be returned to the applicant.
Such financial surety shall not be required for municipally or state-operated
solar energy systems.
C.
Type II-B, Commercial solar systems (over 25kW). Allowed
in all Commercial and Industrial Districts but must meet all area
and bulk regulations for that zoning district. Systems shall be roof-mounted
only. Site plan review and building permit required.
(1)
Where the owner of the property is different
than the site host of a solar energy system, the owner of the property
shall provide an affidavit or evidence of agreement between the property
owner and the solar energy system's owner/operator verifying
that the system owner/operator has the permission of the property
owner to install and operate the solar energy system.
(2)
General provisions. All applications for Type
II-B commercial solar installations will be in accordance with the
following:
(a)
Development and operation of a solar energy system
shall not have a significant adverse impact on agricultural activities
or on fish, wildlife, or plant species or their critical habitats,
or other significant habitats identified by the Town of Ballston or
any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance
of any solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(c)
All structures and devices used to support solar
collectors shall be nonreflective (such as galvanized steel) and/or
painted a subtle or earth tone color.
(d)
The applicant is required to show the locations
of all underground electric utility lines, including substations and
junction boxes and other electrical components for the project on
the site plan.
(3)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy
systems and solar energy systems for which a special use permit has
expired shall be removed by the owner. A solar energy system shall
be deemed abandoned when it fails to produce energy for at least six
months. All safety hazards created by the installation and operation
of the solar energy system shall be eliminated and the site restored
to its preexisting condition within six months of the removal of the
solar energy system.
(b)
For all utility-scale solar energy systems, the
applicant shall submit a decommissioning plan for review and approval
as part of the site plan application. The decommissioning plan shall
identify the anticipated life of the project, method, and process
for removing all components of the solar energy system and returning
the site to its preexisting condition, and estimated decommissioning
costs, including any salvage value.
(c)
The applicant for a utility-scale solar energy
system where the system is the principal use on a lot shall, as a
condition of the special use permit and upon each renewal, provide
and maintain a form of financial surety. Such financial surety shall
be provided either through a security deposit, escrow account, bond,
or in a manner otherwise acceptable to the Town. The amount shall
be based upon the estimated decommissioning. Salvage value shall not
be included in the estimated decommissioning costs. It is intended
to cover, in whole, the cost of decommissioning in the event the Town
must remove any utility-scale solar energy systems and associated
structures/components, as well as restore the site subsequent to such
removal in accordance with the approved decommissioning plan. Upon
successful completion of all decommissioning activities, any remaining
portion of the posted financial surety shall be returned to the applicant.
Such financial surety shall not be required for municipally or state-operated
solar energy systems.
D.
Type III, Community solar installation (CSI) is only
in the Rural District and requires a minimum of 60 acres total to
qualify. If the adjacent property is under the same ownership, the
total acres of the commonly owned, contiguous property count toward
the total 60 acres. System coverage shall not exceed 20% and the system
area shall not exceed 35% of parcel if the property is located within
the Watershed Overlay District. For other districts, there is no coverage
maximum. For the purpose of calculating system coverage, solar collectors
are considered both structures and impervious surfaces. Special use
permit, site plan review and building permit required. Any solar installation
in the Agricultural District must follow NYS Department of Agriculture
and Markets current guidelines for solar energy project. See below
for illustration of solar energy system siting and requirements.
 |
(1)
Where the owner of the property is different
than the site host of a solar energy system, the owner of the property
shall provide an affidavit or evidence of agreement between the property
owner and the solar energy system's owner/operator verifying
that the system owner/operator has the permission of the property
owner to install and operate the solar energy system.
(2)
General provisions. Total CSI system area shall
not exceed 150 acres Town-wide (solar already installed prior to this
chapter does not count against this allowance) and will be in accordance
with the following:
(a)
Development and operation of a solar energy system
shall not have a significant adverse impact on agricultural activities
or on fish, wildlife, or plant species or their critical habitats,
or other significant habitats identified by the Town of Ballston or
any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance
of any solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(c)
All structures and devices used to support solar
collectors shall be nonreflective (such as galvanized steel) and/or
painted a subtle or earth tone color.
(d)
Any site containing a Type III CSI shall contain
fencing enclosing all solar energy system components that present
safety hazards, including all solar panels and ground-mounted equipment.
The fencing shall be in compliance of National Electrical Code Section
110.31. Fencing and gates shall be a minimum of seven feet in height
and chain link or other barrier sufficient for preventing entry.
(e)
Screening: berms, landscape screen, or conifer
trees, or any combination thereof acceptable to the Town capable of
screening the site, shall be provided along any property line that
abuts an existing residence and public roadway.
(f)
Maximum height is 20 feet.
(g)
In no case shall solar equipment or fencing be
located within 200 feet of any public road right-of-way or closer
than 100 feet from any adjoining property, unless the adjacent property
is under the same ownership, at which time zero setback may be allowed
along the commonly shared property line. Additionally, when the adjacent
property is owned by an energy providing utility and used for the
purpose of a transmission line corridor or electrical substation,
the minimum setback distance shall be determined at the discretion
of the Planning Board.
(h)
There shall be 250 feet minimum separation from
neighboring residences to CSI. For residences on the same property
as the CSI, there shall be a minimum of 100 feet separation.
(3)
Applications for Type II-B commercial solar energy
systems shall provide a site plan of the system with elevations.
(4)
All topsoil will be saved and reused upon the
site. Following construction of a large- scale or utility-scale ground-mounted
solar energy system, all disturbed areas where soil has been exposed
shall be reseeded with grass and/or planted with low-level vegetation
capable of preventing soil erosion and airborne dust.
(5)
Applications for Type III CSI shall meet the
following additional criteria:
(a)
Photo simulations shall be included, showing
the proposed solar energy system in relation to the building/site,
along with elevation views and dimensions, and manufacturer's
specs and photos of the proposed solar energy system, solar collectors,
and all other components. If tracking panels are used, photo sims
must be segmented throughout the day, at least four separate times,
three hours apart.
(b)
Documentation of access to the project site(s),
including the location of all access roads, gates, parking areas,
etc.
(c)
After completion of a utility-scale solar energy
system, the applicant shall provide a post-construction certification
from a professional engineer registered in New York State that the
project complies with applicable codes and industry practices and
has been constructed and is operating according to the design plans.
(d)
All CSIs must provide a SWPPP (stormwater pollution
prevention plan) at time of review. All Town and state stormwater
management practices must be complied with.
(6)
All projects are subject to payment in lieu of
tax (PILOTS). Any funds received by the Town through the PILOT process
will be used for planning and support of the Purchase of Development
Rights (PDR) Program. Final PILOT agreement must be accepted by the
Town prior to issuance of building permit.
(7)
Special use permit shall expire after 35 years
or upon decommissioning of system. If technology changes and an upgrade
is proposed to an existing CSI or it is no longer operational, the
applicant/owner shall apply for a new special use permit and site
plan review.
(8)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy
systems and solar energy systems for which a special use permit has
expired shall be removed by the owner of the system.
(b)
The solar energy system shall be deemed abandoned
when it fails to produce energy for at least six months. All safety
hazards created by the installation and operation of the solar energy
system shall be eliminated and the site restored to its preexisting
condition within six months of the removal of the solar energy system.
(c)
For all utility-scale solar energy systems, the
applicant shall submit a decommissioning plan for review and approval
as part of the special use permit application. The decommissioning
plan shall identify the anticipated life of the project, method and
process for removing all components of the solar energy system and
returning the site to its preexisting condition, and estimated decommissioning
costs, including any salvage value.
(d)
The applicant for a utility-scale solar energy
system where the system is the principal use on a lot shall, as a
condition of the special use permit and upon each renewal, provide
and maintain a form of financial surety. Such financial surety shall
be provided either through a security deposit, escrow account, bond,
or in a manner otherwise acceptable to the Town. The amount shall
be based upon the estimated decommissioning costs. Salvage value shall
not be included in the estimated decommissioning costs. It is intended
to cover, in whole, the cost of decommissioning in the event the Town
must remove any utility-scale solar energy systems and associated
structures/components, as well as restore the site subsequent to such
removal in accordance with the approved decommissioning plan. Upon
successful completion of all decommissioning activities, any remaining
portion of the posted financial surety shall be returned to the applicant.
Such financial surety shall not be required for municipally or state-operated
solar energy systems.
(e)
In the event of a default or abandonment of the
system, the Town will provide written notice to the applicant, system
operator and the owner of the real property and direct decommissioning.
In the event that the applicant, system operator or owner of the real
property fail to comply, the Town may proceed as it deems appropriate,
including but not limited to implementing and enforcing all rights
associated with decommissioning.
The Town of Ballston Building Department shall be given 10 days'
written notice of any transfer of ownership of the property and/or
the system.
A.
All solar collector installations must be performed
by a qualified solar installer if the installation is by other than
the homeowner.
B.
Prior to operation, electrical connections must be
inspected by the Code Enforcement Officer and by an electrical inspection
person or agency as determined by the Building Inspector in conformance
with State Building Code.
C.
Any connection to the public utility grid must be inspected
by the appropriate public utility.
Any violation of this solar energy installations section shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of the Town of Ballston.
A.
If an individual is found to be in violation of the
provisions of this zoning chapter, appeals should be made in accordance
with established procedures of the Town of Ballston Code.
B.
If a building permit for a solar energy device is denied
because of a conflict with other Town law or the building code, the
applicant may seek relief from the Town of Ballston Zoning Board of
Appeals which shall regard solar energy as a factor to be considered,
weighed and balanced along with other factors considered by the Zoning
Board of Appeals.
A.
Only one accessory apartment, whether within an accessory
structure or within the principal residential dwelling on the parcel,
shall be allowed per parcel subject to a special use permit by the
Planning Board.
B.
Accessory residential dwellings in an accessory structure.
One accessory residential dwelling in an accessory structure is permitted
per lot, subject to the granting of a special use permit by the Planning
Board as allowed pursuant to Attachments 2 through 11. All of the
following standards shall be met for such use:
(1)
The accessory structure used for an accessory
residential dwelling must be subordinate to the nature of use and
size of the principal residence on the lot.
(2)
The accessory residential dwelling shall not
be located in a front yard of the lot and shall only be permitted
in a side or rear yard. The accessory residential dwelling shall comply
with all minimum yard setback and maximum lot coverage requirements
as provided in the district.
(3)
The maximum building footprint for accessory
residential dwelling in an accessory structure shall not exceed 1,000
square feet.
(4)
Accessory residential dwellings in an accessory
structure shall not be allowed on any existing undersized lots.
(5)
The special use permit shall be issued to the
owner of the principal dwelling and lot.
(6)
One additional space for parking vehicles shall
be required for an accessory residential dwelling in an accessory
structure.
(7)
The accessory structure shall be constructed
and installed in accordance with Chapter B of the New York State Uniform
Fire Prevention and Building Code, the New York State Energy Code
and any other applicable laws, ordinances and/or regulations of the
Town of Ballston.
(8)
Board of Health approved water supplies and sanitary
systems shall be required prior to granting of any permit for an accessory
residential dwelling. The accessory residential dwelling in an accessory
structure may share a common well and/or septic system with the primary
dwelling provided the system has adequate capacity to serve both dwellings
and if approved by the Board of Health. If a separate system is necessary,
all other standards, setbacks and requirements of this chapter and
of the Board of Health shall be met.
C.
Accessory residential dwelling within (interior)
a principal dwelling. Accessory residential dwellings located within
a principal dwelling shall be a permitted use and do not need Planning
Board approval, but shall meet all of the following criteria:
(1)
Any alterations to the principal dwelling shall
be performed in a manner that retains the existing character of the
principal dwelling. The accessory residential dwelling shall be subordinate
to the principal dwelling.
(2)
The existing foundation and footprint of the
principal dwelling may be altered or extended to accommodate the accessory
residential dwelling within the principal dwelling no more than 25%
of the total square footage of the single-family dwelling.
(3)
The accessory residential dwelling shall be self-contained
within the principal dwelling unit. The accessory residential dwelling
shall contain separate cooking, sleeping and sanitary facilities from
the principal dwelling.
(4)
The accessory residential dwelling within a single-family
primary dwelling shall not occupy more than 40% of the square footage
of that single-family dwelling.
(5)
The conversion of any existing single-family
primary dwelling to accommodate an accessory residential dwelling
is limited to one accessory residential dwelling per principal dwelling.
(6)
There shall be at a minimum two parking spaces
on the lot. At least one parking space shall be for the principal
dwelling and one parking space shall be for the accessory residential
dwelling. The parking spaces shall not encroach on any required yard
or setback area.
(7)
Board of Health approved water supplies and sanitary
systems shall be required prior to granting of any building permit
for an accessory residential dwelling.
A.
Except for agricultural structures, no accessory structure
shall exceed 20 feet in height in any residential district. In any
business district, an accessory structure shall not exceed 30 feet
in height. In all districts, accessory structures shall not exceed
the height of the primary building on the lot.
B.
See attachments for all setbacks that may be required
for accessory structures.
C.
No accessory use or structure, including garages, sheds,
swimming pools and tennis courts, may be located in the front yard
of any residential lot. However, architectural features, such as trellis,
patio, awnings, and fences, may be located in the front yard of a
lot.
D.
No accessory structure shall be placed within the area
between the shore and the high water mark.
