[1]
Editor's Note: Former § 179-5-010, Intent, was repealed
1-28-2011 by L.L. No. 1-2011.
A.
Accessory structures (up to two totaling no more than
500 square feet) shall be a permitted use in all residential zoning
districts on parcels of three acres or less. Accessory structures
over 120 square feet outside the Adirondack Park must comply with
the setback requirements applicable to the principal building; within
the Adirondack Park, principal building setbacks shall apply to accessory
structures over 100 square feet. For residential parcels larger than
three acres, up to three accessory structures totaling up to 750 square
feet shall be allowed. Accessory structures in nonresidential zones
that exceed an area of 120 square feet shall be subject to site plan
review in the zoning districts shown in the Schedule of Permitted
Uses (see Table 1).[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
B.
Minimum yard regulations.
(1)
Accessory structures, which are not attached
to a principal structure, may be erected in accordance with the following
restrictions:
(a)
Accessory structures of less than 120 square
feet may be erected at a minimum of five feet from side and rear lot
lines or buffer zones where required, provided that they may not be
located closer to the street or shoreline than the required setback
line of the principal structure; and
[Amended 1-28-2011 by L.L. No. 2-2011]
(b)
Accessory structures greater than 120 square
feet require a building permit and must comply with the setback requirements
applicable to the principal structure.
(2)
When an accessory structure is attached to the
principal building, it shall comply in all respects with the requirements
of this chapter applicable to the principal buildings.
(3)
No accessory structure may be erected without
a principal structure and/or use.
C.
Private swimming pools. Private swimming pools, permanent
and/or portable, which shall be accessory to a principal, noncommercial
dwelling use, shall be regulated as follows, except that these regulations
shall not apply to portable swimming pools which shall be not more
than three feet in height nor more than 15 feet in length or diameter.
(1)
Pools may be erected only on the same lot as
the principal structure.
(2)
Pools may be erected only in the rear yard of
such structure and shall be of a distance not less than 20 feet from
the rear lot lines or buffer zone, where appropriate, nor less than
10 feet from the side lot line or buffer zone, where appropriate.
(3)
(Reserved)
(4)
All private swimming pools shall be enclosed
by a permanent fence of durable material at least four feet in height.
(5)
In the case where a lot fronts on two or more public rights-of-way, a private swimming pool shall be erected only on that portion of said lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line. In no case shall the pool be any nearer to the lot lines abutting any public right-of-way than the required front setback for the principal building of the zoning district in which it is located. Furthermore, the pool shall be screened from the view of the public right-of-way and the neighboring property by means of landscaping. (See the definition of "landscaping" in Article 2 and the landscaping design standards set forth in Article 8 of this chapter.)
D.
Garages. Only one garage is permitted per dwelling.
On lots less than five acres, garages may not exceed 1,100 square
feet. On lots larger than or equal to five acres, garages may be up
to 2,200 square feet. In no case shall the garage size exceed the
size of the principal structure on the lot.
A detailed site plan, prepared by a licensed
surveyor, with preconstruction grade lines (elevations) marked at
two-foot increments, may be required with building plans so natural
grades can be determined. When the natural grade prior to any disturbance
of the building site cannot be determined, an estimation of natural
grade shall be made by extrapolating straight lines connecting equal
elevations on nondisturbed portions of the lot or neighboring lots.
A.
Within any ESC, CI, CM, CLI, HI, MDR, MS, NR, NC,
O, RC, or WR District, the keeping of livestock, poultry, or fowl,
including but not limited to emus, llamas, alpacas, ostriches or any
large or small farm animals, shall be prohibited. This prohibition
shall also apply to established PUDs unless specifically noted in
the adopted PUD agreement.
[Amended 1-28-2011 by L.L. No. 2-2011]
B.
Within any district other than those cited in Subsection A above, poultry, fowl or small farm animals such as sheep or goats may be kept, however, not including swine or cows, provided that:
C.
Within any district other than those cited above,
large farm animals (such as horses, ponies, cows or swine) may be
kept for private, noncommercial use, provided that there is a minimum
of five acres for the first animal and a minimum of two additional
acres for each additional animal. The animals must be kept a minimum
of 100 feet from any property line.
D.
Within the RR, PR and LC Districts, large farm animals
such as cows, horses and swine may be kept, provided that there is
a minimum of 10 acres.
[Amended 6-6-2011 by L.L. No. 4-2011]
[Amended 1-28-2011 by L.L. No. 2-2011]
The conversion to year-round occupancy of any seasonal-use dwelling shall be permitted only after site plan review and approval. Construction shall be in accordance with current Building Code requirements. Certification of the suitability of the existing sanitary septic system or a new system, by a New York State licensed engineer, to accommodate year-round use shall be a requirement of site plan review. For such conversions in the Waterfront Residential (WR) District, the requirements set forth in §§ 179-4-010D and 179-5-100 of this chapter shall apply.
A.
Docks. In all residential and recreation commercial
zones, docks may be constructed on any legal size building lot, subject
to number, size, configuration and setback restrictions and for which
a building permit has been issued.
(1)
No dock shall be constructed in any configuration
other than straight, pier, T, L, U, E or F shape.
(2)
No dock shall extend more than 40 feet offshore
from the mean low-water mark, except that in streams or brooks, no
dock shall extend offshore more than 20% of the width of the stream
or brook at the point of construction.
(3)
No mooring shall be constructed or placed so
as to extend offshore more than 100 feet from the mean high-water
mark.
(4)
No dock shall exceed eight feet in width, and
the total width of any dock or, including all lateral projections,
shall be 40 feet.
(5)
The maximum surface area of any dock or wharf
shall be 700 square feet, including any walkway. For the purpose of
computing the maximum surface area, no portion of the structure shall
be included within the computation which extends upland of the mean
high-water mark, and the minimum allowable width of any dock, pier,
lateral projection or finger shall be two feet.
(6)
The maximum surface area of any flat superstructure built upon
and/or above any dock shall be 700 square feet. The measurement for
this area is to include all areas bounded by the sundeck railing.
For a peaked roof, the maximum surface area is limited to 1,000 square
feet and is measured from eave-to-eave.
[Amended 7-21-2014 by L.L. No. 2-2014]
(7)
Every dock or wharf constructed shall have a
minimum setback of 20 feet from the adjacent property line extended
into the lake on the same axis as the property line runs onshore where
it meets the lake or at a right angle to the mean high-water mark,
whichever results in the greater setback. Further, for docks constructed
on the same parcel, a minimum forty-foot separation between docks
is necessary with the exception of Class A marinas with a valid special
use permit.
[Amended 1-28-2011 by L.L. No. 2-2011]
(8)
No dock shall be constructed so as to interfere
with normal navigation or reasonable access to adjacent docks.
(9)
The number of docks permitted to be constructed
per lakefront lot is limited as follows:
|
Number of Feet of Lake Frontage
|
Docks
| |
|---|---|---|
|
45 to 65
|
1 straight pier, a minimum of 45 feet, is required
for the construction of a dock
| |
|
66 to 150
|
1 straight T, L, or U-shaped dock
| |
|
151 to 250
|
2 straight T, F, L or U-shaped docks or 1 E-shaped
dock
| |
|
251 to 500
|
3 straight T, F, L or U-shaped docks or 2 E-shaped
docks
| |
|
501 or more
|
4 straight T, F, L, E or U-shaped docks plus,
for each 150 feet over 501, 1 additional dock
|
(10)
No dock shall be constructed unless designed
to withstand forces of flowing water and wave washes.
(11)
Boathouses and covered docks shall not exceed
16 feet in height measured from the mean high-water mark to the highest
point of the structure.
(12)
Boathouses shall be designed and constructed
solely for the storage of boats and related equipment and shall not
include provisions for sleeping, cooking or sanitary facilities.
(13)
No dock shall be constructed within 50 feet
of a wetland, except on Lake George, which is located adjacent to
or along the shoreline.
(14)
Treated lumber, when used for the construction
of docks, shall be the sealed, nonleaching type.
(15)
All crib docks shall be of the open crib type.
(16)
In all Waterfront Residential zones, boathouses may be constructed,
subject to site plan review, on all water bodies that may be regulated
by the Town of Queensbury.
[Added 7-21-2014 by L.L. No. 2-2014]
B.
Moorings.
(1)
The number of moorings allowed per lakefront
lot is limited as follows:
|
Feet of Lake Frontage
|
Number of Moorings
| |
|---|---|---|
|
45 to 65
|
0
| |
|
66 to 150
|
1
| |
|
151 to 250
|
2
| |
|
251 to 500
|
3
| |
|
501 or more
|
1 additional mooring for each 150 feet over
500
|
(2)
Moorings shall be placed so that vessels moored
to them, at the full swing of their mooring or anchor line, will be
no closer than 20 feet to the projection of the property lines extended
into the lake along the axis of the property lines as they intersect
the lake or a line extended at a right angle to the mean high-water
mark, whichever results in the greater setback. Moorings shall not
be placed so that the full swing of the vessel extends more than 100
feet offshore from the mean high-water mark.
C.
Miscellaneous provisions.
(1)
No owners of the upland property shall fail
to completely remove any pilings, floats and/or any other related
components which are abandoned or fall into disuse.
(2)
No person shall fail to comply with any special
conditions attached to any permit issued for the construction of a
dock.
(3)
A permit is not required for repairs above the
mean high-water mark to an existing dock if such repairs do not alter
its size, shape, or location.
A.
General provisions.
(1)
In no case shall barbed wire, electric or similar
materials or devices be used in conjunction with or as part of any
fence. The provisions of this subsection shall not apply to fences
on premises used for farm, industrial and utility purposes.
(2)
No fence shall be permitted which is expressly
designed with the intent to injure or maim anyone who attempts to
climb such a fence.
(3)
On any corner lot, no fence or other visually
obstructing structure or vegetation higher than three feet shall be
located within the clear vision zone. The clear vision zone includes
the triangular area formed by the edges of the pavement and a straight
line joining the edges of the pavement at points which are 35 feet
distant from the intersection of the edges of the pavement and measured
along such edges of pavement.
 |
(4)
Height. Fence height shall be measured from
the lowest point of the natural grade of the property.
B.
Nonconforming fences. Fences lawfully existing at
the time of the passage of this chapter shall be deemed nonconforming
appurtenances and shall be treated as nonconforming uses under this
chapter.
C.
Residential zones.
(1)
All fences in a residential district shall have
the most pleasant or decorative side facing the adjacent properties.
(2)
No fence over four feet in height shall be erected
or maintained in the architectural front yard. The "architectural
front yard" shall be defined as the yard facing the side of the building
containing the architectural main entrance to the house. For a waterfront
lot, the "architectural front yard" shall be defined as the yard facing
the street.
(3)
No fence over six feet in height shall be erected
or maintained in any rear yard or side yard except for corner lots
where no fence over four feet in height shall be erected or maintained
along yards adjacent to public streets.
(4)
No privacy-type fence, as defined in this chapter,
shall encroach into the front yard setback requirement or shoreline
setback requirement. Privacy fences shall be limited to side property
lines only when being installed in front yards.
[Amended 1-28-2011 by L.L. No. 2-2011]
D.
Industrial or commercial zones. Fencing for all commercial
and industrial districts and utility facilities shall be approved
by the Planning Board under site plan review with the following criteria:
(1)
Fencing should be integrated into site design
to the maximum extent practicable so it does not detract from the
aesthetics of the site design.
(2)
Generally, fences should be no more than six
feet high unless the fences are necessary for security purposes, in
which case a fence may be erected that is eight feet high, together
with such other features that will enhance security.
(3)
Fences with dangerous features, such as electric
fences or barbed wire, are not allow in commercial districts.
(4)
In any case where a fence is proposed with features
that may be dangerous, such as electric fences or the use of barbed
wire, such fence shall only be allowed where one or more of the following
requirements are met:
(a)
The fence is needed to prevent entry to an area
which could be hazardous to the health, safety or welfare of a person
or persons;
(b)
The fence is needed to secure an area where
materials and/or equipment are stored;
(c)
The fence is needed to keep animals other than
common household pets, except in a kennel situation, from leaving
the site;
(d)
Where the general community interest or interests
of national safety justify the need for such a fence; and
(e)
Where a fence is electrified, signs at intervals
of not more than 50 feet shall be erected on the fence to clearly
indicate the fence is electrified.
E.
Shorelines.
(1)
No fence greater than four feet in height, as
measured from the level grade at a point along said fence, shall be
erected within 50 feet of the mean high-water mark of the shoreline.
(2)
No fence greater than 200 square feet in area, measured by the vertical surface area of one side as circumscribed by its perimeter, shall be located within the shoreline setback. See § 179-5-070C(4).
[Amended 1-28-2011 by L.L. No. 2-2011]
A.
In general.
(1)
Home occupations can provide numerous benefits
for both home workers and the community; they can encourage business
growth; startup or small businesses, single parents, the elderly,
and the disabled can eliminate many otherwise prohibitive costs. Allowing
a variety of home occupations can promote economic vitality and diversity
in our community.
(2)
Allowing people to work in their homes can cut
down on traffic congestion and the need for parking in commercial
areas.
(3)
It is the intent of this chapter to identify
and control any negative impacts of home occupations, and not arbitrarily
prohibit certain types of occupations. The home occupation should
not have a negative impact on the neighborhood and property values,
or affect the health, safety and welfare of adjoining residents.
(4)
Home occupations are a good thing as long as
they do not create any disturbances, such as noise, odors, or parking
problems, in their neighborhoods.
(5)
Hobby or club/group meetings are not occupations
and are not subject to this home occupation regulation.
(6)
This chapter shall not prevent individuals,
owners, lessees or purchasers under contract from conducting a business,
trade, or profession in their homes or residences, provided that they
meet the standards set forth by these regulations.
B.
Home occupations shall be permitted as an accessory
use for any residential use, provided that the following standards
are maintained by all persons engaged in such activities:
(1)
The activity shall not alter the primary use
of the premises as a residence and shall be subordinate and limited
to its utilization for other than residential uses to 30% of the total
floor area of the residence or 500 square feet, whichever is less.
(2)
Only the occupants of the residence and one
nonoccupant of the residence may conduct the activity.
(3)
In no way shall the appearance of the structure
be altered nor shall the activity within the residence be conducted
in a manner which would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of noises, odors, vibration or electromagnetic
interference.
(4)
There shall be no exterior storage, displaying
or selling of materials, stock or equipment to be used in conjunction
with a home occupation.
(5)
There will be no storage on the premises of
explosives or highly flammable or extremely hazardous materials, as
defined by the United States Environmental Protection Agency, used
in conjunction with a home occupation.
(6)
There shall be no customer traffic unless noted
otherwise.
(7)
There shall be no wholesale or retail sale of
goods on the premises.
(8)
No signs are allowed.
(9)
There shall be no overnight parking of commercial
vehicles.
(10)
The use of an accessory structure for a home
occupation is prohibited.
(11)
The home occupation should not generate customer-related
vehicular traffic in excess of three vehicles per day.
(12)
In no case shall a home occupation be open to
the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.
(13)
Any interior structural alterations to accommodate
the home occupation will require the issuance of a building permit.
C.
Permitted home occupations. Subject to the requirements
herein, and notwithstanding anything to the contrary set forth above,
customary home occupations include, but are not limited to, the following:
(1)
Consultation or emergency treatment by a doctor
or a dentist, but not the general practice of such profession.
(2)
Home office facility of a salesperson, sales
representative or manufacturer's representative, provided that no
retail or wholesale transactions are made on the premises.
(3)
Office facilities for clergy.
(4)
Child-care/home care/day-care operations.
(5)
Home crafts such as model making, rug weaving,
and lapidary work.
(6)
Workshop or studio for an artist, photographer,
craftsman, writer, composer, dressmaker, tailor or computer repair,
programming or design.
(7)
Facilities for instruction to not more than
three pupils at any given time such as in music, dance or special
education.
(8)
Homebound employment of a physically or mentally
handicapped person who is unable to work away from home by reason
of disability.
(9)
Accessory, not primary, office facilities for
accountants, authors, editors, architects, brokers, consultants, engineers,
website and graphic design, land surveyors, lawyers, planners, insurance
agents, realtors, and financial planners.
D.
(Reserved)
E.
Prohibited home occupations. Notwithstanding anything
contained herein to the contrary, permitted home occupations shall
not, in any event, be deemed to include:
(1)
Nursing homes, medical offices, clinics, or
hospitals.
(2)
Antique or furniture shops.
(3)
Barbershops, hair stylists or beauty salons.
(4)
Funeral homes, mortuaries or embalming establishments.
(5)
Restaurants.
(6)
Private clubs or lodges.
(7)
Stables, kennels or animal hospitals.
(8)
Auto repair.
(9)
Auto sales.
(10)
Welding.
(11)
Metal working.
(12)
Heating, ventilation, air conditioning or similar
businesses.
(13)
Boarding houses, tourist homes or bed-and-breakfast
establishments.
The minimum floor area per dwelling unit shall
be:
|
Dwelling Type
|
Floor area
(square feet)
|
|---|---|
|
Single-family
|
800
|
|
Two-family, each unit
|
750
|
|
Multiple-family, each unit
|
600
|
A.
Density. Each unit in a duplex or multifamily structure
shall be required to have the minimum lot area for the district in
which it is located.
B.
Access.
(1)
Road design. All nonpublic roads used for vehicular
circulation in all multifamily projects shall be designed in width,
curvature, etc., to accommodate service and emergency vehicles and
shall meet all Town standards for public roads.
(2)
Ingress and egress. Where project roads intersect
public roads, the subdivision site distances and grades shall apply.
Generally, all road systems should be looped, minimizing dead-ends
and culs-de-sac.
(3)
Pedestrian walkways. Pedestrian walkways shall
be provided connecting the housing units to vehicular storage areas,
to recreation areas, to other buildings and to any adjacent multifamily
developments. Pedestrian walkways shall be separated from project
roads with adequate visual indications or crosswalks to ensure pedestrian
safety.
C.
Water and sewer facilities.
(1)
Water facilities. Approval of water supply by
the Queensbury Water Department, when within the Queensbury Water
District, or the Department of Health or other appropriate regulating
agency shall be mandatory. All necessary permits must be secured prior
to construction.
(2)
Sewage disposal facilities. Approval of the
sewage disposal system by the New York State Department of Environmental
Conservation or other appropriate regulating agency shall be mandatory.
All necessary permits must be secured prior to construction.
D.
Recreation facilities. For multifamily projects with
50 or more units, a recreation plan depicting what measures are being
planned to meet anticipated recreation needs of project residents
shall be approved by the Planning Board.
Any increase in floor area of structures serviced by sanitary sewage facilities of any kind that are located in a Waterfront Residential (WR) District and which require a building permit shall conform with the requirements of Chapter 136 of the Code of the Town of Queensbury.
A.
Not more than two satellite dish antennas shall be
allowed on any residential lot for residential purposes.
B.
The construction and installation of satellite dish
antennas shall conform to all applicable building codes and other
regulations and requirements.
C.
Satellite dish antennas shall be adequately grounded.
D.
Subject to the provisions contained herein, satellite
dish antennas shall be located only in the rear yard of any lot. If
a usable satellite signal cannot be obtained from such rear yard,
the antenna may be located on the side yard of the property, subject
to the requirements contained in this chapter. In the event that a
usable satellite signal cannot be obtained by locating the antenna
on the rear or side yard of the property, such antenna may be placed
on the roof of the dwelling structure or on a pole or similar structure
of sufficient size and strength to adequately support the antenna
adjacent to or connected to the dwelling structure or front yard of
the property.
E.
"Usable satellite signal" shall mean satellite signals
from the major communications satellite that, when viewed on a conventional
television set, are at least equal in picture quality to those received
from local commercial television stations or by way of cable television.
F.
All ground-mounted satellite television antennas shall
be effectively screened on all sides so as not to create an adverse
picture reception by a solid fence, compact evergreen hedge, planting
screen or principal structure. All satellite television antennas shall
be located and designed to reduce or eliminate visibility from surrounding
properties at street level and from public streets.
G.
A satellite dish antenna greater than three feet in
diameter shall comply with the setback requirements of a principal
use or structure in the zone in which it is located. A satellite dish
less than three feet in diameter shall comply with the setback requirements
of an accessory use or structure in the zone in which it is located,
except that it shall not be located less than 10 feet from any property
line or easement.
H.
A ground-mounted satellite dish antenna shall not
exceed a grade height of 12 feet, except that this provision shall
not apply to antennas mounted on a pole or similar device adjacent
to or connected to the side of a principal building structure when
these regulations allow such application.
I.
Wiring between a ground-mounted satellite dish antenna
and a receiver shall be placed beneath the surface of the ground.
J.
Roof-mounted satellite dish antennas shall not be
mounted on chimneys, towers, spires or trees, except that the same
may be mounted on a pole or similar device adjacent to or attached
to the side of the principal structure, provided that said pole or
similar structure is of sufficient strength to adequately support
the antenna. The antenna shall be placed below the ridgeline of the
roof unless a usable signal is not received, in which case the antenna
may be raised to the minimal height that will allow reception of a
usable signal.
[Amended 1-28-2011 by L.L. No. 2-2011; 4-8-2019 by L.L. No. 2-2019]
A.
Enabling authority.
(1)
The Planning Board is hereby authorized to review and approve,
approve with modifications or disapprove site plans consistent with
Town Law § 274-a which concern the placement and operation
of wireless telecommunications facilities.
(2)
Wireless telecommunication facilities includes, among others
things: antennas, towers, macrocells and small cells or small wireless
facilities (also known as: 5G, next-generation wireless, nodes, femtocells,
picocells and microcells and distributed antenna systems (DAS) and
related infrastructures).
B.
Purpose.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
telecommunication facilities and infrastructure in the Town of Queensbury.
While the Town recognizes·the importance of wireless communication
facilities in providing high-quality communication service to its
residents and business, the Town also recognizes that it has an obligation
to protect and promote the health, safety and general welfare of its
residents and to minimize the adverse effects of such facilities.
(2)
These regulations are to provide for the managed development
of wireless telecommunication facilities and are not intended to prohibit
or have the effect of prohibiting the provision of personal wireless
services nor shall they be used to unreasonably discriminate among
providers of functionally equivalent services consistent with current
federal regulations.
(3)
By enacting these regulations, the Town intends to:
(a)
Provide for the managed development of wireless telecommunication
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Town residents and wireless carriers
in accordance with federal, state and local laws and regulations;
(b)
Establish fair and efficient processes for review and approval
of applications;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless telecommunication facilities in
the Town;
(d)
Address and provide for new wireless technologies, including
but not limited to micro cell and distributed antenna systems ("DAS")
technologies;
(e)
Encourage the collocation of wireless communication facilities,
on existing structures rather than the construction of a new support
structures;
(f)
Protect Town residents and businesses from potential adverse
impacts of wireless communication facilities, to the extent permitted
under law, and to attempt to preserve the visual character of established
communities and the natural beauty of the landscape;
(g)
Minimize safety hazards and avoid potential damage to adjacent
properties through proper locational, engineering and operational
requirements;
(h)
Minimize adverse visual and aesthetic impacts of wireless telecommunication
facilities to the maximum extent practicable through careful design,
siting, landscaping, screening and innovative camouflaging techniques;
(i)
Protect the physical appearance of the Town and preserve its
scenic and natural beauty;
(j)
Protect the public health, safety and welfare;
(k)
Protect property values of the community;
(l)
Minimize the impact of such facilities on residential properties;
(m)
Encourage the siting of wireless telecommunication services
facilities on properties and areas which are not used exclusively
for residential purposes; and
(n)
Protect, to the maximum extent practicable, aesthetic qualities,
the open space character of the Town of Queensbury, the property values
of the community, the health and safety of citizens and a citizen's
ability to receive communication signals without interference from
other communication providers, while not unreasonably limiting competition
among communication providers.
C.
Placement of telecommunications facilities.
(1)
Tower facilities are restricted to certain areas within the
Town of Queensbury. There areas are as follows: in any Commercial
Light Industrial (CLI) and Heavy Industrial (HI) Zoning District or
co-located on any property where a telecommunications tower or other
tall structure (structures over 50 feet in height) exists.
(2)
Small cell facilities in areas where underground utilities are
required or where existing utility infrastructure is already buried
are restricted in the following ways:
(a)
Adding poles or using streetlights or existing poles is prohibited.
(b)
Must be located in a public right-of-way.
(c)
Must locate in the immediate common area of the current utility
cluster location (i.e. electric, cable, telephone).
(d)
May not exceed five feet in height.
(e)
All wiring and accessory equipment shall be installed underground.
(f)
Prohibited in town parks and recreational areas.
(3)
Small cell facilities restrictions in other areas:
(a)
Up to three small cells will be allowed per utility pole if
technically feasible and if in the determination of the Planning Board
there are no safety or aesthetic concerns.
(b)
Not allowed on ornamental street lighting poles.
(c)
New poles may not exceed 50 feet and a pole may be required
to be of a smaller height if the initial proposal is deemed out of
character with the neighborhood as determined by the Planning Board.
(d)
In commercial zones only, may be permitted on buildings, signs
or other existing structures once the Planning Board has reviewed
for visual impacts and approved.
(e)
Placement on Town-owned streetlights, other than ornamental,
is allowed after receiving review and approval for a special use permit.
(f)
All lighting on small cell facilities is not allowed unless
required by law.
(g)
Not permitted within 200 feet of a residence.
(h)
No part of the facility may project into areas that pedestrians
use and may inhibit their use or jeopardize their safety, like sidewalks
and other designated pedestrian designated areas.
(i)
The Planning Board is empowered to condition the issuance of
a special use permit, such as the use of stealth technologies or other
measure which mitigate visual effect.
D.
Special use permit. Special use permits for any and all telecommunication
facilities must be applied for and issued only after receiving permission
from the Town Planning Board and paying of applicable fees, and prior
to installation.
E.
Fees.
(1)
Single up-front/nonrecurring application fee for up to five
small wireless facilities: $500 and $100 for each additional wireless
facility in a single application.
(2)
Co-location on a permitted wireless facility: $200.
(3)
New pole, not a co-location: $1,000.
(4)
Small wireless facility: $270 per year.
(5)
ROW access fee: $270 per year.
(6)
Attachment to municipally owned structure (not streetlights)
in the ROW: $270 per year.
(7)
Placement on town-owned streetlights, other than ornamental.
The maximum contract is 10 years and the annual fee is $500 per small
cell per pole.
F.
Applicability of regulations.
(1)
No telecommunications facility shall hereafter be used, erected,
moved, reconstructed, changed or altered, and no existing structure
shall be modified to serve as a telecommunications facility, except
after demonstration of conformity with these regulations and issuance
of a zoning permit and/or site plan approval pursuant to this chapter.
(2)
Where these regulations conflict with other laws and regulations
of the Town of Queensbury, the more restrictive shall apply, except
for telecommunication facility height restrictions, which are governed
by these standards.
G.
Administrative review of applications for shared use of existing towers. At all times, co-location or use of existing towers shall be preferred to shared use of other existing tall structures or construction of new towers. Applications involving only erection of additional antennas and related equipment on an existing telecommunications tower shall not be subject to site plan review or a public hearing, provided that the application complies with the terms and conditions described below. For purposes of this Subsection E, "existing telecommunications tower" or "existing tower" shall mean a telecommunications tower in existence at the time an application for co-location is submitted to the Zoning Administrator.
(1)
Application. An applicant proposing to share
use of an existing telecommunications tower shall submit the following
to the Zoning Administrator:
(a)
A complete site plan review application.
(b)
A completed visual environmental assessment
form addendum (6 NYCRR 617.20, Appendix B).
(c)
Documentation of intent from the owner of the
existing tower to allow shared use.
(d)
An engineer's report certifying that the proposed
collocation will not diminish the structural integrity and safety
of the existing tower or explaining what modifications, if any, would
be required in order to certify to the above.
(e)
A copy of the Federal Communications Commission
(FCC) license for operation of the new equipment.
(f)
Propagation mapping.
(g)
Photosimulation figures.
(h)
An application fee in the amount of $500.
(2)
Review. Upon receipt of a complete application,
the Zoning Administrator shall promptly forward a copy of the engineer's
report to the Town consulting engineer and shall review the application
to determine if the proposal complies with the following terms and
conditions:
(a)
The existing tower shall be in compliance with
any and all approvals previously granted.
(b)
The proposed collocation shall not increase
the height of the existing tower.
(c)
The proposed collocation shall not cause any
portion of the resulting structure to extend into a required setback.
(d)
If the engineer's report submitted as part of
the application found that the proposed collocation could diminish
the structural safety of the existing tower, the applicant shall submit
a revised proposal which includes the modifications described in the
engineer's report.
(e)
The proposed collocation shall not involve construction
of any additional roads or parking, widening of existing roads or
expansion of existing parking.
(3)
If the Zoning Administrator finds that the application demonstrates compliance with the standards listed above and the Town consulting engineer either agrees with the finding of the engineer's report that the proposed collocation will not diminish the safety of the existing tower or determines that the revised proposal includes the required modifications described by the engineer's report, then the Zoning Administrator shall approve the proposal and issue a zoning permit. If the Zoning Administrator finds that the application does not demonstrate compliance or if the Town consulting engineer disagrees with the finding of the engineer's report or determines that the modifications described in the engineer's report are not included in the revised proposal, then the Zoning Administrator shall notify the applicant of the deficiency. The applicant may then submit a revised proposal or submit the proposal to the Planning Board for site plan review as described in Subsections F and G below for shared use of an existing tall structure.
H.
Site plan review. Site plan review pursuant to Article 9, Site Plan Review, of this chapter shall be required for placement of any antenna in or on an existing tall structure other than an existing telecommunications tower and for any construction of a new tower.
(1)
Site plan. In addition to the requirements of Article 9, Site Plan Review, the following shall apply:
(a)
General requirements. All site plan applications
shall show all existing and proposed structures and improvements,
including roads, and shall include grading plans for new facilities
and roads. The site plan shall also include documentation of the proposed
intent and capacity of use as well as a justification for the height
of any tower or antenna and justification for any land or vegetation
clearing required.
(b)
Visual impact assessment. All site plan applications,
whether involving location on an existing tall structure or construction
of a new tower, shall include a visual impact assessment. This assessment
shall include:
[1]
Pictorial representations of "before"
and "after" views from key viewpoints both inside and outside of the
Town, including but not limited to state highways and other major
roads and state and local parks.
[2]
Assessment of visual impact of
the facility/structure designs and color schemes.
[3]
Assessment of visual impact of
the facility/structure, accessory buildings and overhead utility lines
from abutting properties and streets.
[4]
A completed visual environmental
assessment form addendum (6 NYCRR 617.20, Appendix B).
(c)
Landscaping plan.
[1]
All site plan applications shall
include a plan illustrating the size, type, placement and quantity
of existing vegetation to remain as well as vegetation to be added.
The final landscaping plan will become part of the approved site plan.
All new plantings shall be planted by a date specified by the Planning
Board.
[2]
Existing on-site vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place prior to site plan approval. Clear-cutting
of all trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
[3]
The landscaping plan shall include
deciduous or evergreen tree plantings which may be required to screen
portions of the tower from nearby residential property as well as
from public sites known to include important views or vistas. Where
the site abuts residential or public property, including streets,
at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of
planting shall be provided to effectively screen the tower base and
accessory facilities. In the case of poor soil conditions, planting
may be required on soil berms to assure plant survival. Plant height
in these cases shall include the height of any berm.
I.
Standards for placement. New or modified antennas or telecommunications towers shall be placed according to the following priority: first, collocation on an existing tower; second, placement of antennas or other telecommunications equipment in or on an existing tall structure located on a lot within the areas listed in Subsection C above; third, placement in or on an existing tall structure not located within the areas listed in Subsection C above; fourth, placement of a new tower on a lot where a telecommunications tower already exists; and fifth, placement of a new tower on a lot within the areas listed in Subsection C above. Where shared use of existing towers or structures is not proposed, the applicant must provide documentation of the inability to utilize an existing tower or structure.
(1)
Co-location on existing telecommunications towers. Co-location of telecommunications equipment on existing telecommunications towers shall be the preferred placement mode and may be reviewed pursuant to the administrative review procedure set forth in Subsection F above. At the option of the applicant, an application for co-location on an existing telecommunications tower may be reviewed as a shared use of an existing tall structure as provided in Subsection G(2) below.
(2)
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings) shall be preferred to the construction of new towers. In addition to the requirements of Subsection G above, an applicant proposing to share use of an existing tall structure shall be required to submit:
(a)
A complete site plan review application.
(b)
Documentation of intent from the owner of the
existing facility to allow shared use.
(c)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure or explaining what modifications, if any,
would be required in order to certify to the above.
(d)
A copy of the Federal Communications Commission
(FCC) license for operation of the new equipment.
(3)
New telecommunications towers on lots already
containing a tower. Construction of a new telecommunications tower
on a lot already containing a telecommunications tower shall be given
third priority after co-location on an existing tower and shared use
of an existing tall structure. The Planning Board may consider a new
telecommunications tower on a lot already containing a telecommunications
tower when:
(a)
The applicant documents that co-location on
an existing telecommunications tower or shared use of an existing
tall structure is not practical.
[1]
The applicant shall submit a report
locating and inventorying all existing tall structures and existing
or approved telecommunications towers within a reasonable distance
of the proposed site. This distance shall be determined by the Planning
Board in consultation with the applicant.
[2]
The applicant shall document good
faith efforts to secure shared use from the owner of each existing
tall structure and existing or approved telecommunications tower.
Such documentation shall include written requests for shared use,
expenses for shared use and an explanation of the physical, technical
and/or financial reasons why shared usage is not practical in each
case.
(b)
The applicant submits a copy of the Federal
Communications Commission (FCC) license for operation of the new equipment.
(4)
New telecommunications towers on lots not already
containing a tower. Construction of a new telecommunications tower
on a lot not already containing a telecommunications tower shall be
given fourth priority after co-location on existing towers, shared
use of existing tall structures and construction of a tower on a lot
already containing a tower. The Planning Board may consider a new
telecommunications tower on a lot not already containing a telecommunications
tower when:
(a)
The applicant documents that co-location on
an existing telecommunications tower, shared use of an existing tall
structure and locating the tower on a lot already having a telecommunications
tower are not practical.
[1]
The applicant shall submit a report
locating and inventorying all existing tall structures and existing
or approved telecommunications towers within a reasonable distance
of the proposed site. This distance shall be determined by the Planning
Board in consultation with the applicant.
[2]
The applicant shall document good
faith efforts to secure shared use from the owner of each existing
tall structure, existing or approved telecommunications tower and
lot already containing a telecommunications tower. Such documentation
shall include written requests to each owner, estimated expenses and
an explanation of the physical, technical and/or financial reasons
why co-location on an existing telecommunications tower, shared use
of an existing tall structure or location on a lot already containing
a tower is not practical in each case.
(b)
The applicant submits a copy of the Federal
Communications Commission (FCC) license for operation of the new equipment.
J.
Setbacks. Telecommunications towers and antennas shall
comply with all existing setbacks within the affected zone. Additional
setbacks may be required by the Planning Board to contain on-site
substantially all ice-fall or debris from tower failure and/or to
preserve the privacy of adjoining residential and public property.
Setbacks shall apply to all tower parts, including guy wire anchors,
and to any accessory facilities.
K.
Access and parking. A road and parking shall be provided
to assure adequate emergency and services access. Maximum use of existing
roads, public or private, shall be made. Road construction shall at
all times minimize ground disturbance and vegetation cutting to within
the toe of fill, the top of cuts or no more than 10 feet beyond the
edge of any pavement. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
L.
New telecommunications tower design. Alternative designs
shall be considered for all new telecommunications towers, including
lattice and single-pole structures. The design of all proposed new
telecommunications towers shall comply with the following:
(1)
Any new tower shall be designed to accommodate
future shared use by other telecommunications providers.
(2)
The maximum height of any new tower shall not
exceed that which is necessary to provide service.
(3)
The Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower.
(4)
Accessory structures shall maximize the use
of building materials, colors and textures designed to blend with
the natural surroundings.
(5)
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners and streamers.
(6)
Towers shall not be artificially lighted except
to assure human safety as required by the Federal Aviation Administration
(FAA). Towers shall be a galvanized finish or painted gray above the
surrounding treeline and painted gray, green, black or similar colors
designed to blend into the natural surroundings below the surrounding
treeline unless other standards are required by the FAA. Towers should
be designed and sited so as to avoid application of FAA lighting and
painting requirements whenever possible.
M.
All towers and accessory facilities shall be sited
to have the least practical adverse visual effect on the environment.
N.
Authority to impose conditions. The Planning Board
shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
telecommunications tower site plan.
O.
Removal upon abandonment. The applicant shall submit to the Planning Board a letter of intent committing the owner of a telecommunications tower or antenna and his/her successors in interest to notify the Zoning Administrator within 30 days of the discontinuance of use of the tower or any antenna affixed to a tower or other tall structure. This letter shall be filed with the Zoning Administrator prior to issuance of a building permit (assuming the application is approved according to this section). Obsolete or unused towers, antennas and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower, antenna or accessory structure in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article 17, Enforcement.
P.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed and to facilitate the
possibility of directing that an existing telecommunications tower
or existing tall structure or lot containing an existing telecommunications
tower in a neighboring municipality be considered for shared use and
to assist in the continued development of County 911 services, the
Board shall require that:
(1)
An applicant who proposes a new telecommunications
tower shall notify in writing the legislative body of each municipality
that borders the Town of Queensbury and the Director of Warren County
Emergency Services. Notification shall include the exact location
of the proposed tower and a general description of the project, including
but not limited to the height of the tower and its capacity for future
shared use.
(2)
An applicant who proposes a new telecommunications
tower within the Adirondack Park shall notify in writing the Adirondack
Park Agency. Notification shall include the exact location of the
proposed tower and a general description of the project, including
but not limited to the height of the tower and its capacity for future
shared use.
(3)
Documentation of this notification shall be
submitted to the Planning Board at the time of application.
Q.
Public hearing and notification of nearby landowners. Except for applications for co-location on an existing telecommunications tower reviewed pursuant to Subsection F above, a public hearing shall be held for all applications for location of a telecommunications tower or antenna. The Town shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a tower or antenna is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower or antenna would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.
R.
Maintenance and/or escrow account. Prior to approval
of any application, the Planning Board, at its sole discretion, may
require the applicant and/or the owner to establish a maintenance
and/or escrow account or bond in an amount sufficient to cover the
technical review, installation, maintenance, construction and removal
of the proposed telecommunications tower or antenna during its lifetime.
The amount required shall be determined at the sole discretion of
the Board, based upon the unique characteristics of the tower (or
antenna) and the site. The applicant and/or owner shall cooperate
with the Board in supplying all necessary construction and maintenance
data to the Board prior to approval of any application. Cost estimates
may be reviewed by the Town consulting engineer at the Planning Board's
discretion.
[Added 9-28-2020 by L.L. No. 9-2020]
A.
Purpose. Because it is in the public interest to provide for and
encourage renewable energy systems and a sustainable quality of life,
the purpose of this section is to facilitate the development and operation
of renewable energy systems while minimizing adverse impacts on neighboring
properties so as to protect the public health, safety and welfare.
B.
ALTERNATIVE ENERGY SYSTEMS
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
COLLECTIVE SOLAR
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
GLARE
NET METERING
PERMIT-GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEM
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM
SETBACK
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM BUILDING PERMIT
SOLAR FARM
SOLAR PANEL
SOLAR POWER PLANT
SOLAR STORAGE BATTERY
SOLAR THERMAL SYSTEMS
Definitions. As used in this section, the following terms shall have
the meanings indicated, unless the context or subject matter requires
others. The definitions set forth in § 179-2 of this Code
shall also apply where appropriate.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on-site and which may be attached to or be separate
from the principal structure.
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 the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, condominium associations, adopt-a-solar-panel
programs, or other similar collective arrangements.
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted,
shed-mounted or freestanding, canopy-mounted solar energy systems
shall be considered freestanding or ground-mounted solar energy systems
for purposes of this section.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the public utility grid so that they only pay for their net electricity
usage at the end of the month or year.
The Town's Building Inspector and Zoning Administrator are
together charged with granting permits for the installation and operation
of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever 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. Only 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.
A solar energy 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.
The required minimum distance from the property line to the
nearest part of the structure measured at right angles to the property
line within which a freestanding or ground-mounted solar energy system
is installed.
Space open to the sun and clear of overhangs or shade, including
the orientation of 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 solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
An easement recorded pursuant to New York 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, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar energy systems include solar thermal, photovoltaic,
and any future solar technology. For the purposes of this section,
a solar energy system does not include any solar energy system of
four square feet in size or less.
A permit allowing the installation of a solar energy system
pursuant to this section.
A solar energy system with a minimum rating of 1 MW consisting
of an energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
A device for the direct conversion of solar energy into electricity.
See "solar farm."
A device that stores energy from the sun and makes it available
in an electrical form.
Solar energy systems that 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.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and equipment installations modified or installed after the
effective date of this section.
(2)
Solar energy system installations for which a valid building
permit has been issued or for which installation has commenced before
the effective date of this section shall not be required to meet the
requirements of this section.
(3)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Building Code and the
Town Code.
(4)
Solar collectors, unless part of a solar farm, 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.
D.
Permitting and approvals.
(1)
A solar energy system building permit shall be required for
all solar energy systems as more specifically provided below. Applications
for solar energy system building permits shall be pursuant to Town
Code Chapter 88, Fire Prevention and Building Construction.
(2)
Rooftop or building-mounted solar energy systems shall be permitted
in all zoning districts pursuant to a solar energy system building
permit granted by the Town's Building Inspector and Zoning Administrator
and subject to the requirements of this section, pursuant to Chapter
88, Fire Prevention and Building Construction.
(3)
Freestanding or ground-mounted solar energy systems shall be
permitted in all zoning districts, subject to the issuance of a solar
energy system building permit and site plan approval by the Planning
Board.
(4)
Solar farms shall be permitted in the HI, CLI and LC districts
subject to a solar energy system building permit and a special use
permit, thereby also requiring site plan approval by the Planning
Board.
(5)
Building-integrated photovoltaic (BIPV) systems are permitted
in all zoning districts, provided that they are shown on the plans
submitted for the building permit application for the building containing
the system approved by the Town's Building Inspector and Zoning Administrator.
(6)
Solar thermal systems are permitted in all zoning districts,
subject to the conditions set forth hereinafter.
(7)
Disposal of solar panels must follow all applicable New York
State and local regulations.
E.
Requirements for rooftop and building-mounted solar collectors.
(1)
Rooftop and building-mounted solar collectors must comply with
the maximum height restriction in the associated zoning district.
(2)
Fire safety and emergency access. All such installations shall
comply with the New York State Uniform Fire Prevention and Building
Code (the "State Code") to insure firefighter and other emergency
responder safety and access.
F.
Requirements for freestanding and ground-mounted solar collectors.
Freestanding and ground-mounted solar collections shall be subject
to the following conditions:
(1)
In all districts, a lot must have a minimum size of one acre
in order for a freestanding or ground-mounted solar collector to be
permitted.
(2)
The location of a ground-mounted or freestanding solar collector
shall comply with a seventy-five-foot setback requirement. Solar farms
are exempt from this setback requirement.
(3)
No ground-mounted or freestanding solar collectors shall be
permitted in the front yard.
(4)
The height of the solar collector and any mount shall not exceed
12 feet when oriented at a maximum tilt to the horizontal.
(5)
Ground-mounted and freestanding solar collectors shall be screened
as much as practicable from adjoining lots and street rights-of-way
through the use of architectural features, earth berms, landscaping,
fencing or other screening which will harmonize with the character
of the property and surrounding area. The proposed screening shall
not, however, interfere with the normal operation of the solar collectors.
(6)
Solar energy equipment shall be located in a manner to reasonably
minimize blockage of sunlight for surrounding properties and shading
of property to the north while still providing adequate solar access
for collectors.
(7)
Solar energy equipment shall not be sited within any required
buffer areas.
(8)
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages. Installations on nonresidential properties exceeding the size may be approved by the Planning Board subject to site plan review pursuant to § 179-9-020.
(9)
The area beneath ground-mounted and freestanding solar collectors
shall be included as 100% plan form in the maximum horizontal tilt
configuration in calculating whether the lot meets maximum permitted
lot building coverage and lot surface coverage requirements for the
applicable district, notwithstanding that the collectors are not buildings.
(10)
The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of Chapter 147, Stormwater Management.
(11)
Solar thermal systems shall comply with the following conditions:
(12)
All solar energy systems and equipment shall be permitted only
if they are determined by the Town Building Inspector and Zoning Administrator
not to present any unreasonable safely risks. Refer to New York's
Uniform Fire Prevention and Building Code standards.
(13)
Prevention of glare. All solar collectors and related equipment
shall be surfaced, designed and sited so as not to reflect glare onto
adjacent properties.
G.
Solar farms. Solar farms shall be permitted in the HI, CLI and LC subject to special use permit and thereby triggering the need for site plan review and approval by the Planning Board, subject to the requirements of this chapter and the design standards found in Article 10, Special Use Permits.
H.
Building-mounted, ground and freestanding installation safety.
(1)
All solar collector installations must be performed by a qualified
solar installer.
(2)
Prior to operation, electrical connections must be inspected
by the Town's Building Inspector and by an appropriate electrical
inspection person or agency, as determined by the Town's Director
of Building and Codes.
(3)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(4)
Solar energy systems shall be maintained in good working order.
(5)
Rooftop and building-mounted solar collectors shall meet New
York's Uniform Fire Prevention and Building Code standards.
(6)
If solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State 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.
(7)
If a solar collector ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collector mount and associated equipment by no later than
90 days after the end of the twelve-month period.
(8)
Marking of equipment.
(a)
Solar energy systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather-resistant. For residential applications,
the marking may be placed within the main service disconnect. If the
main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover.
(b)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
I.
Enforcement and penalties for offenses. All solar energy systems requiring solar energy system building permits shall be subject to the provisions of Article 17, Enforcement, of this chapter.
J.
Appeals. If a solar energy system building permit is denied based upon a failure to meet the requirements of this section, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of Article 14 of the Zoning Code and New York State Town Law.
K.
Building permit fees for solar installations. The fees for all solar
energy system building permits required pursuant to this section shall
be paid at the time of each building permit application pursuant to
the Fee Schedule of the Town of Queensbury.[2]
[2]
Editor's Note: The current fee schedule is on file in the
Town offices.
[1]
Editor's Note: Former § 179-5-140, Tourist accommodations,
was repealed 1-28-2011 by L.L. No. 1-2011.
A.
Trash/Garbage receptacles, containers and other devices
intended for temporary holding, for removal from site, of waste material
shall be placed in such manner that said receptacle is not visible
from public rights-of-way, which may be accomplished by means of one
or more of the following:
B.
Trash/Garbage receptacles shall be secured at all
times to prevent any waste material deposited or intended to be deposited
in such receptacles from being spread about by natural or other causes.
[1]
Editor's Note: Former §§ 179-5-160, Bed-and-breakfasts,
and 179-5-170, Mineral extraction, were repealed 1-28-2011 by L.L.
No. 1-2011.
[Amended 1-28-2011 by L.L. No. 2-2011]
A site plan application may be required by the
Planning Board to submit a Good Neighbor Plan. Such a plan may contain
some or all of the following elements, as determined appropriate by
the Planning Board:
A.
Good Neighbor Plan. A written implementation program,
referred to as a "Good Neighbor Plan," must be submitted, containing
those items from the list below determined appropriate by the Planning
Board.
(1)
Crime prevention and awareness training program.
A crime prevention and crime awareness training program which is developed
in conjunction with and approved in writing by the Warren County Sheriff's
Department. The Warren County Sheriff's Department, as part of this
approval, will review the site plan and the location of all lighting.
(2)
Alcohol awareness and employee training program.
At a minimum, the program must be directed at identifying and handling
situations involving minors or intoxicated customers, and identify
which displays and marketing techniques will be used to discourage
drunk driving.
(3)
Litter control program. A litter control program
must include at least two trash receptacles on site for customer use,
located next to walkways. At a minimum, the program must also address
daily on-site litter pickup, customer awareness activities, and off-site
litter pick-ups.
(4)
Loitering control program. A loitering control
program is required, and must, as a minimum, address such things as
limiting the hours of operation of electronic video games, and locating
telephone booths, benches, tables, and other activity areas where
they can be viewed and controlled by the store employees.
(5)
Landscape maintenance awareness. The applicant acknowledge in writing that they understand the provisions of Article 8, Landscaping and Buffering Standards.
(6)
Communication agreement. The applicant must
agree in writing to correspond on a long-term informal basis with
the local recognized organizations and other concerned individuals
regarding any problems they may have with current business practices
or impacts on the neighborhood. All responses should be written within
30 days of receiving the initial letter, and be from the owner, operator,
manager, or a representative of the parent company. A file of all
letters received and written is to be maintained by the correspondent
for the convenience store and be available to the public upon request.
B.
Record of good faith. The application must be accompanied
by written verification that the owner, operator, manager, or a representative
of the parent company met with or attempted in good faith to meet
with the local recognized organization(s), adjacent property owners,
and Town Planning Department staff. The written verification must
include all of the following:
(1)
A copy of the notice and the names and addresses
of those notified of the applicant's desire to meet;
(2)
A copy of the time, date and location of the
meeting(s), and the names, addresses, and phone numbers of those who
participated in the meeting(s);
(3)
A copy of the draft Good Neighbor Plan and site
plan sent to the neighborhood association and as presented at the
meeting(s), if different; and
(4)
Identification of those components of the Good
Neighbor Plan which were agreed upon and those which were unresolved,
plus any additional items discussed during the meeting(s).
