A.
Purpose and intent. It is the purpose of this section
to prevent the clear-cutting and grading of lots except in association
with an approved site plan.
B.
Application. Within a ten-year time period, all extensive clearing of vegetation and/or grading over an area of land greater than one acre that is not associated with site development for an approved subdivision or site plan development is prohibited without first obtaining site plan approval. Clearing and grading activity of smaller land areas may be subject to the requirements of Chapter 147 of the Town Code. For the purpose of this section, “extensive clearing of vegetation” shall mean the removal of more than 50% of trees over six inches in diameter at the height of 4 1/2 feet or the removal of more than 75% of all vegetation.
[Amended 1-28-2011 by L.L. No. 2-2011]
C.
Any person proposing to undertake extensive clearing of vegetation or grading over an area of land greater than one acre must follow the procedures for and obtain site plan approval in accordance with Article 9, Site Plan Review, of this chapter. This requirement applies to timber harvesting involving tree removal from land areas greater than specified above. Clearing and grading activity of smaller land areas may be subject to the requirements of Chapter 147 of the Town Code. These activities may be subject to additional requirements of other regulating agencies. Forest roads and/or skid trails up to but not exceeding 15 feet in width shall be excluded from the above calculations.
[Amended 1-28-2011 by L.L. No. 2-2011]
D.
This regulation does not apply to bona fide forest
management activities conducted on the City of Glens Falls Watershed
properties.
E.
Stormwater management and erosion and sediment controls as required by Chapter 147 of the Town Code shall be followed.
F.
This regulation is not meant to apply to normal mowing
operations of already developed areas.
A.
Purpose. It is the intent of these regulations to
provide for appropriate lighting that balances the promotion of safety,
security and the Town's nighttime character while reducing glare,
unsightly or unnecessary brightness, light trespass, and helping to
reduce the consumption of energy.
B.
Application. These regulations shall apply to all
uses in all zoning districts in the Town of Queensbury. As such, all
outdoor lighting, public or private, installed in the Town of Queensbury
shall be in conformance with the requirements established by this
section within a seven-year period from the adoption of this Zoning
Code.
C.
Standards. All exterior lights and illuminated signs
shall be designed and located in such a manner as to prevent objectionable
light and glare from spilling across property lines. The following
horizontal lumination levels shall be observed. For uses not listed
here, the Planning Board may determine the appropriate horizontal
lumination level, referencing the values found in the reference titled
"The IESNA Lighting Handbook," published by the Illumination Engineering
Society of North America. The Planning Board may vary these standards,
making them more or less restrictive, where it finds it to be in the
interests of this chapter and the Town to do so. In particular, the
Planning Board may vary the standards with reference to the brightness
and uses of the surrounding environment.
|
Use
|
Horizontal Illuminance
(footcandles)
|
|---|---|
|
Commercial parking lot
|
2.5
|
|
Industrial parking lot
|
1.0
|
|
Small office parking lot
|
1.0
|
|
Large office parking lot
|
2.5
|
|
Recreation parking lot
|
2.5
|
|
Multifamily parking lot
|
2.5
|
|
Churches/Education lots
|
1.0
|
|
Building entrances
|
5.0
|
|
Building exteriors
|
1.0
|
|
Loading/Unloading areas
|
20.0
|
|
Gas station approach/driveway
|
2.0
|
|
Gas station pump island
|
10.0
|
|
Gas station service areas
|
3.0
|
|
Seasonal stands
|
25.0
|
|
Automobile lots
|
20
|
|
Driveways and road approaches
|
2.0
|
|
Sidewalks and bikeways
|
1.0
|
D.
Fixtures. All lighting fixtures shall be architecturally
compatible with the primary building. Fixtures shall be shielded and
have cut-offs to direct light to the ground. This must be accomplished
so that light dispersion or glare does not shine above a ninety-degree
horizontal plane from the base of the fixture. Cut-off fixtures must
be installed in a horizontal position as designed. Flat lens cut-offs
are required. Fixtures shall generally be of dark colors. Pole-mounted
fixtures shall not exceed a ten-foot height limit for small offices.
For large offices and all other uses, pole-mounted fixtures shall
not exceed 20 feet in height. High-pressure sodium lights are preferred.
Lexan lenses or similar low-glare materials are preferred.
E.
Lighting shall not interfere with or impair pedestrian
or motorist vision.
F.
Procedure. Any use subject to site plan review shall
submit a lighting plan describing the lighting component specifications
such as lamps, poles, reflectors and bulbs. The lighting plan shall
show the illumination levels for the entire site and shall be at a
scale consistent with the site plan. The Planning Board may require
specific lighting plans to address portions of the site, such as parking
lots, or pedestrian walkways, for evaluation purposes.
No use shall regularly emit offensive odors
perceptible at the property line of an adjoining use. This section
shall not apply to the exhaust from restaurants, bakeries, taverns
and other uses where food is cooked or prepared.
No use shall emit any form of radiation that
is in excess of any adopted state or federal standard.
A.
Purpose.
(1)
The purpose of these shoreline regulations is to promote and protect
the public health, welfare and safety and to protect economic property
values, aesthetic and recreational values and other natural resource
values associated with all lakes, ponds, streams, or wetlands. It
is the further purpose of these regulations to:
(a)
Provide for the protection, preservation, proper
maintenance and use of township watercourses and wetlands in order
to minimize disturbance to them and to prevent damage from erosion,
turbidity or siltation, a loss of wildlife and vegetation and/or from
the destruction of the natural habitat thereof.
(b)
Provide for the protection of the township's
potable fresh water supplies from the dangers of drought, overdraft,
pollution or mismanagement.
(2)
For the purpose of this section and this chapter,
the term "wetlands" means any wetland located in the Town of Queensbury
that is regulated by, or falls within the jurisdiction of, the DEC,
APA or Army Corps of Engineers.
B.
Regulations. In the case of the shorelines of all
lakes, ponds, streams, or wetlands and the shoreline of the Hudson
River, the following restrictions shall apply:
(1)
Cutting restrictions. The removal of vegetation,
including trees, shall be permitted on shorefront lots, provided that
the following standards are met:
(a)
Within 35 feet extending inland from all points
along the mean high-water mark of all lakes and ponds and within 75
feet of all regulated streams, wetlands and rivers, no vegetation
may be removed within the first six feet from the shoreline and no
woody vegetation greater than one inch in dbh may be removed between
the six-foot mark and the thirty-five-foot or 75 foot mark respectively.
This area shall be maintained as an undisturbed natural buffer strip.
[Amended 5-6-2019 by L.L.
No. 4-2019]
(b)
The general exception to this standard shall be an allowance for water access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30% of the shoreline frontage on any individual lot or a maximum of 75 linear feet, whichever is less. The clearcut shall be sited on the lot (such as angled across the lot) so as to allow for a view and access, but also to reduce runoff. The pathway created shall be constructed or surfaced at a width of no more than 10 feet and in a manner to be effective in controlling erosion. The ground cover planting requirements of § 179-8-040B shall still be applicable in this area.
[Amended 5-6-2019 by L.L.
No. 4-2019]
(c)
The above cutting standard shall not be deemed
to prevent the removal of diseased vegetation or dead or damaged trees
or other vegetation that presents safety or health hazards or pruning
of shrubs, cutting of grass or similar yard maintenance procedures.
The purpose of the tree cutting and land clearing regulation is to
protect scenic beauty, control erosion and reduce effluent and nutrient
flow from the shoreland. These provisions shall not apply to the removal
of dead, diseased or dying trees or to other vegetation that, in the
opinion of the Zoning Administrator, presents safety or health hazards.
(d)
Cutting plan. As an alternative to the above
subsections, a special cutting plan allowing greater cutting may be
permitted by the Planning Board. An application shall include a sketch
of the lot and provide information on the topography of the land,
existing vegetation, a proposed cutting plan and a proposed revegetation
plan. The Planning Board may request the Soil Conservation Service
to review the plan and make recommendations. The Planning Board may
approve such plan only if it finds that such special cutting plans:
[1]
Will not cause undue erosion or
destruction of scenic beauty.
[2]
Provide that natural vegetation
is preserved as far as practicable and, where removed, it is replaced
with other vegetation that is equally effective in retarding runoff,
preventing erosion and preserving natural beauty.
[3]
Provide substantial visual screening
from the water of dwellings, accessory structures and parking areas.
Where the plan calls for replacement plantings, the Zoning Administrator
shall require the submission of a bond which will guarantee the performance
of the tree or shrubbery replacement by the lot owner.
[4]
Will not violate the land clearing
standards of this section or the shoreline restrictions of other governmental
agencies with jurisdiction, such as the Adirondack Park Agency or
Department of Environmental Conservation. The following general standard
shall be utilized by the Planning Board in reviewing a proposed cutting
plan: Within 35 feet of the mean high-water mark, no vegetation may
be removed, except that up to a maximum of 30% of the trees in excess
of six inches in diameter at breast height existing at any time may
be cut over any ten-year period; and within six feet of the mean high-water
mark, no vegetation may be removed, except that up to a maximum of
30% of the shorefront may be cleared of vegetation on any individual
lot.
(e)
Revegetation. Where a shoreline lot owner violates
the shoreline cutting restrictions, the Zoning Administrator shall
require total revegetation so as to create a buffer strip area, which
is in compliance with this section. A vegetative recommendation can
be made by the Warren County Soil and Water Conservation District,
if requested by the Zoning Administrator. This provision shall be
in addition to any and all penalties contained in this chapter.
C.
Provisions for shared or contractual access. The following
requirements and minimum shoreline frontages shall be required for
deeded, easement, right-of-way or any other contractual access to
all such lakes, ponds, rivers, streams or wetlands for two or more
lots, parcels or sites or multiple-family dwelling units not having
separate and distinct ownership of shore frontage:
(1)
Site plan review and approval by the Planning
Board pursuant to the standards set forth herein.
(a)
A plan shall be submitted showing areas for
swimming, recreation, docking, building placement, parking, landscaping
and provision for long-term management of shared areas.
(b)
Compliance with the provisions of this section
and this chapter.
(c)
Such use shall not significantly impair the
natural appearance of said parcel; would not overcrowd the parcel
or the adjacent water surface; would not produce unreasonable noise
or glare to the surrounding properties; and does not pose any substantial
hazards.
(d)
Waterfront parcels may be developed for contractual
access for five or more lots or units only if those lots or units
are part of an overall development plan for land that is located adjacent
to the waterfront parcels.
(e)
Each parcel used for contractual access shall
measure at least the minimum lot area for the zoning district where
the access is proposed and shall measure an average depth of 100 feet
from the mean high-water mark.
(f)
No structures other than toilet, changing facilities,
or picnic shelters shall be constructed on the waterfront parcel.
The total combined square footage of all structures shall not exceed
1,000 square feet.
(g)
Commercial activities of any kind are prohibited.
D.
Miscellaneous provisions.
(2)
Alteration to the shoreline or stream bed. No
filling, grading, lagooning, dredging, ditching and excavating of
the shoreline or the addition or replacement of retaining walls along
the shoreline shall be undertaken without site plan review. The following
general standards shall apply for construction along the shoreline:
[Amended 1-28-2011 by L.L. No. 2-2011; 5-1-2023 by L.L. No. 6-2023]
(a)
The activity shall not alter the natural contours
of the shoreline.
(b)
The activity shall not disturb shoreline vegetation except in a manner consistent with Subsection B(1)(a). Where vegetation is destroyed or removed it shall be restored or replaced with indigenous vegetation. Stabilization shall be in accordance with the United States Soil Conservation Service engineering standards and specifications.
(c)
The activity shall be carried out in a manner
designed to minimize erosion, sedimentation and impairment of fish
and wildlife habitats.
(d)
All applicable federal, state and other agency
permits shall be obtained.
(e)
In addition, the following specific conditions
shall apply:
[1]
Filling. There shall be no fill
placed in waters of any lake, stream, pond, river or wetland, except
as associated with shoreline protective structures or beach replenishment
or as otherwise found to be beneficial to existing shoreline conditions
or water quality or clarity. Any fill placed adjacent to any lake,
stream, pond, river or wetland shall be protected against erosion.
[2]
Dredging. There shall be no removal
or rearrangement of materials in the water, except at those locations
where such removal or rearrangement is found to be beneficial to existing
shoreline conditions, uses, water quality and clarity. Where dredging
is permitted, soil materials shall not be deposited within 100 feet
of the waterfront unless properly stabilized.
[3]
Retaining walls. In addition, expansion
or replacement of any type of retaining wall shall be discouraged,
except in the case where the alternative of shoreline restoration
to a natural state is impossible due to excessive slope or severe
erosion problems, a condition to be determined by the Zoning Administrator.
Retaining walls shall not be permitted to be constructed for only
aesthetic reasons. When permitted, retaining walls shall not exceed
16 inches in height, as measured from the stationary mean high-water
mark, and shall be constructed of native stone or wood. When treated
lumber is used for the construction of a retaining wall, it shall
be the sealed, nonleaching type.
[4]
Shoreline fill or hard surfacing.
No fill or hard surfacing shall be permitted within 50 feet of any
lake, pond, river, stream or wetland except by site plan approval
of the Planning Board, except that no review/approval shall be required
for preventative maintenance or repair caused by erosion or other
acts of nature. A maximum of 100 square feet of new impervious area
or 400 square feet of porous pavement (i.e., porous pavers) may be
created within 75 linear feet of all regulated streams, wetlands and
rivers. The above exceptions shall not be construed to be relief from
any other governmental agency having jurisdiction. Wetlands will be
determined by New York State Department of Environmental Conservation
Wetlands Maps, the Queensbury Planning Board and/or any governmental
agency having jurisdiction.
(f)
Standards for stream crossings and stream bed disturbances. The following
criteria shall apply to all stream crossings and stream bed disturbances.
[Added 5-1-2023 by L.L. No. 6-2023]
[1]
Stream crossing, channelization, or piping is allowed
only for utility crossings, logging roads, public roads (including
subdivision roads to be accepted), approved private roads, and driveways
to access private real property.
[2]
Separate road and utility crossings shall not be
approved when the consolidation of the proposed crossings is feasible.
[3]
When separate road and utility crossings are necessary,
the preferred methodology for utility establishment shall be by directional
boring under the stream bed.
[4]
The number of crossings shall be limited to one
per site per stream.
[5]
When culverts or arches are used, they shall be
used so as to maintain the natural course and bed of the stream.
[6]
Culverts and arches must be sized and designed
in accordance with standard design practices, including allowing for
safe passage for wildlife and floodplain flows.
[7]
All stream crossings shall be designed to safely
pass the fifty-year, peak storm event. The Town may require additional
design features it determines necessary to prevent a hazard to downstream
property and natural resources.
[8]
Stream crossings shall not impound water during
the ten-year storm event.
[9]
Stream crossing structures shall be designed to
span 1 1/4 times the stream bed width.
[10]
Culverts shall be embedded 20% along their entire
linear length.
[11]
Any stream bed disturbance shall promote the natural
shape, slope, and substrate of a stream.
[12]
Any stream bed disturbance shall be limited to
the minimum disturbance necessary.
[13]
Creation of land disturbance and impervious areas
for driveways shall be limited to a maximum width of 20 feet. Land
disturbance and impervious areas for roads shall be limited to 30
feet within the Lake George Park. Where fill is necessary to create
such a driveway, the basal area of the filling within wetland areas
with side slopes is not to exceed three on one. If this standard conflicts
with standards at § 179-6-05D(2), this provision shall control.
[14]
Crossings that convey wastewater shall be depicted
on a survey map prepared and stamped by a professional surveyor licensed
to operate in New York State. The survey map shall be filed with the
Office of the Warren County Clerk.
[15]
No permit shall be issued pursuant to this subsection
unless the Town first determines that the activity is reasonable and
necessary, will not endanger the health, safety or welfare of the
public, and will not cause damage to downstream properties or natural
resources.
A.
Site plan review required.
(1)
In any zoning district, site plan review shall
be required for the following:
(a)
Any detached structure proposed to be constructed
on any lot, parcel or site having a slope of 15% or more within a
fifty-foot radius of the proposed location of said structure; or removal
or excavation of 100 cubic yards or more of rock, soil or vegetation
from such site.
(b)
Proposed construction of a privately owned driveway,
road or right-of-way on a slope of 10% or more.
(2)
The Zoning Administrator, at his/her discretion,
may require site plan review for residential construction projects
where cut or fill activities are six feet or more from existing grade
to finish grade.
B.
Stormwater, soil and erosion standards. Site plan review for any construction on slopes under this section shall include measures for stormwater drainage and soil and erosion control pursuant to §§ 179-6-070 and 179-6-080. In addition, the Planning Board may require more protective measures than what is provided in the aforesaid sections, if the Planning Board deems such measures are warranted given the nature and location of the site.
[Added 5-6-2019 by L.L.
No. 4-2019]
B.
Standards.
(1)
When land is exposed during development, the
exposure should be kept to the shortest practicable period of time
and the smallest amount of land possible.
(2)
Grading and development shall preserve salient
natural features, such as trees, groves, natural terrain, waterways
and other similar resources, and shall conform substantially with
the natural boundaries and alignment of watercourses.
(3)
Provision shall be made prior to, during and
after construction to dispose of increased runoff caused by changed
surface conditions, in a manner which minimizes danger of flooding,
erosion and pollutants from urban runoff entering lakes, streams or
rivers.
(4)
Temporary vegetation and mulching may be used
to protect critical areas during development.
(5)
Permanent vegetation shall be successfully established
and erosion control structures shall be installed as soon as practical
on development. Wherever feasible; natural vegetation shall be retained
and protected.
(6)
Topsoil removed from areas for structures shall
be redistributed within the boundaries of the lands in question so
as to provide a suitable base for seeding and planting.
(7)
The development shall be fitted to the topography
and soils to create the least erosion potential. Cut-and-fill operations
shall be kept to a minimum and shall transition smoothly into existing
topography so as to create the least erosion potential and adequately
accommodate the volume and rate of velocity of surface runoff.
(8)
Cuts and fills shall not endanger adjoining
property nor divert water onto the property of others.
(9)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development.
(10)
Disturbed soils shall be stabilized as soon
as possible. Temporary vegetation and/or mulching may be used to protect
exposed land areas during construction.
(11)
Sediment basins (debris basins, desilting basins
or silt traps) shall be installed and maintained to remove sediment
runoff waters from land undergoing development. Provisions shall be
made to prevent surface water from damaging the cut face of excavations,
fills or sloping surfaces.
(12)
The control of erosion and sediment shall be
a continuous process, undertaken as necessary prior to, during and
after site preparations and construction. Sedimentation control measures
shall be installed as part of site preparation prior to beginning
any construction.
(13)
Permanent vegetation shall be successfully established
and erosion control structures shall be installed within a time specified
on the building permit or approved site plan. Wherever feasible, natural
vegetation shall be retained and protected.
(14)
All fill material shall be of a composition
suitable for the ultimate use of the fill, free of rubbish and carefully
restricted in its content of brush, stumps, tree debris, rocks, frozen
material and soft or easily compressible material. Fill material shall
be compacted sufficiently to prevent problems of erosion.
(15)
Grades of at least 1/2% and drainage facilities
shall be provided to prevent the ponding of water, unless such ponding
is proposed within site plans, in which event there shall be sufficient
water flow to maintain proposed water levels and avoid stagnation.
(16)
Provisions shall be made that there will be
no detrimental effect on the water quality of the watercourses. There
will be no discharge of sediment or other material into the watercourses.
(17)
Fills shall not encroach on natural watercourses,
constructed channels or floodway areas. Fills placed adjacent to or
having impact on natural watercourses, constructed channels or floodplains
shall have suitable protection against erosion during periods of flooding.
(18)
No development shall be permitted in a floodway
if such development shall raise the water surface elevation of the
base flood at any point in the community.
(19)
The rate of surface runoff shall not be increased
by new construction. Whenever possible, drainage shall be sheet-drained
into earthen swales and collected in a detention or retention basin.
Where soils permit, the water shall be allowed to percolate into soils.
Where clayey soils occur, water shall be collected during storm periods
and released slowly into existing streams and drainage channels.
(20)
During grading operations, appropriate measures
shall be taken for dust control.
(21)
Grading equipment shall not be allowed to enter
into or cross any watercourse, except in accordance with the best
management practices as defined in the building permit.
(22)
Whenever lawns are established, areas of natural
vegetation shall be maintained to filter fertilizers, pesticides or
other chemicals before the runoff enters natural streams or drainage
channels, lakes, or other bodies of water. Property owners shall be
encouraged to leave natural vegetation rather than develop lawns.
(23)
Boat ramps shall be limited to public boat launch
sites and commercially operated boat launches.
(24)
Boat ramps shall be designed to accommodate
most runoff before it enters the lake or river.
A.
A stormwater pollution prevention plan consistent with the requirements of Town Code Chapter 147, Stormwater Management, shall be required as part of the site plan approval process.
B.
The stormwater drainage plan shall analyze the impacts
of the project using at least a twenty-five-year return interval storm
for residential projects and a fifty-year return interval storm for
commercial or industrial projects, and using the analysis procedures
in the Town of Queensbury Subdivision Regulations.[1]
C.
All stormwater management plans shall be designed
so that post-development run-off rates and volumes are equal to or
less than pre-development run-off. Post-development direction of flow
and type of discharge shall be the same as pre-development conditions.
D.
Stormwater design criteria shall follow the criteria in the Town of Queensbury Subdivision Regulations or, if located within the Lake George Park, shall follow Chapter 147, Stormwater Management, for the Town of Queensbury, whichever is more restrictive.
E.
The Planning Board may refer stormwater drainage plans
to the Town Engineer, the Town Highway Superintendent, or such other
persons or agencies it deems appropriate.
No use shall regularly emit vibration that is
perceptible at the property line of an adjoining use. This section
shall not apply to temporary construction activities.
