The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplementary
regulations:
A. Subdivision of a lot.
(1) Any person undertaking a subdivision shall comply with Chapter
150, Subdivision of Land, and any lot, parcel or site resulting from a subdivision shall be able to comply with the requirements contained in this chapter.
(2) Where a lot is formed hereafter from the part of a lot already occupied
by a building, such separations shall be effected in such manner as
not to impair conformity with any of the requirements of this chapter
with respect to the existing building, all yards and other required
spaces in connection therewith, and no permit shall be issued for
the erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter.
B. Existing undersized lots. Any lot lawfully held in single and separate
ownership prior to the date this chapter was first adopted, whose
area and/or width and/or depth are less than the specified minimum
lot requirements of the chapter for that district, may be considered
as complying with such minimum lot requirements, and no variance shall
be required, provided that:
(1) Such lot does not adjoin another vacant lot or lots held by the same
owner, whose aggregate area is equal to or greater than the minimum
lot area required for the district.
(2) Such lot or lots are lawfully in existence prior to October 16, 1978,
and have obtained all the necessary approvals.
(3) The following minimum yard dimensions are maintained: at least 3/4
of the required footage for side, front and rear yards.
(4) Such lot or lots comply with all other requirements for that district.
C. Access to lots. A lot to be used for building purposes shall have
direct frontage on a street, public or private, or legal deeded right-of-way,
except in the RR Residential Rural District and LC Land Conservation
District, pursuant to § 280-a of the Town Law.
D. Lots under water or subject to flooding. No more than 10% of the
minimum area requirement of a lot may be land which is under water
or subject to periodic flooding. Land which is under water that is
open to use by persons other than the owner of the lot shall be excluded
entirely from the computation of the minimum area of that lot. For
the purposes of this section, land in the bed of a stream not exceeding
five feet in width at mean water level and land in any pond not exceeding
150 square feet in area shall not be considered as under water. This
does not include land used for a swimming pool. This section does
not apply to lots fronting Lake George, where in computing the lot
area the lake shall not be counted.
E. Multiple uses on lots. In certain cases, multiple uses may be considered
on one lot, at the discretion of the Planning Board through site plan
review, provided that all dimensional requirements set forth in Schedule
II are met, including minimum area per each use. Multiple uses on
a single lot must consist of only residential and commercial uses,
and shall only be allowed in the RCH-LS, TC-A, RCH, RSH, and RCM districts.
Excavations on the same lot in connection with the construction
of a building for which the land use and development permit has been
issued shall be permitted in any district. In the event that building
construction operation is arrested prior to completion of the building,
the premises shall be cleared of rubbish, building materials or other
unsightly accumulations; any excavation for a building basement, foundation,
utility or otherwise for a depth greater than two feet below grade
shall be filled and the topsoil replaced or all such excavations shall
be entirely surrounded by a substantial fence at least six feet high
that will effectively block access to the area. Where necessary, suitable
gates shall be installed and provided with locks. Such clearing, filling
and/or a fence shall be completed not later than the expiration date
of the land use and development permit.
If a lot cannot be serviced by an existing public sewer, then
the installation of any on-site sewage disposal system shall conform
to the Lake George Onsite Wastewater Treatment System Regulations.
All regulated activities within the Town of Lake George shall conform to the regulations set forth in Chapter
148, Stormwater Management and Erosion and Sediment Control, which has replaced this section. Any deviation from the stated chapter shall be reviewed and approved by either the Town Planning Board or Town Zoning Officer, where and as applicable as defined by Chapter
148.
Any clearing, excavation or development of land in violation
of this chapter shall be corrected forthwith after written notice
by the Zoning Officer. In the event that corrective action is not
taken as directed within a reasonable time, in the opinion of the
Zoning Officer, the Town of Lake George may, at its own expense, take
corrective action to restore the property. The cost thereof shall
become a lien upon the property upon which such illegal activity occurred.
7-11-2022 by L.L. No.
2-2022]
A. The purpose of this section is to establish permit requirements and
standards for the protection of stream corridors within the Town of
Lake George; to help preserve the water quality of Lake George and
its tributaries; to protect the riparian and aquatic ecosystems of
streams within the Town of Lake George; and to provide for the environmentally
sound use of the Town of Lake George land resources.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
EXISTING DEVELOPMENT
Buildings, structures, impervious areas, landscaped areas,
utilities, and accessory structures present on the effective date
of this section.
HIGH-WATER MARK (HWM) OF A STREAM
A line along the banks of a stream that is the approximate
seasonal peak water level as indicated by the cut of the bank and
the demarcation between terrestrial and aquatic vegetation. For the
purpose of determining the high-water mark, ponds of one acre or less
within the stream shall be included.
LANDSCAPED AREA
An area of vegetation which has been actively maintained
as a lawn, garden, hedge, or planting bed.
STREAM
A AA-special perennial stream designated or mapped by the
NYS Department of Environmental Conservation.
STREAM BED
The flow area of a stream at and below the high-water mark
of a stream.
C. Prohibitions.
(1) No person shall undertake development, land disturbance, or land
clearing in a designated stream corridor without first receiving a
permit pursuant to this section.
(2) No person shall disturb the stream bed of any stream without first
receiving a permit pursuant to this section.
(3) No person shall discharge, throw, or abandon any foul, noxious or
deleterious substance into a stream or designated stream corridor.
(4) No person shall fail to conform to any permit issued pursuant to
this section.
(5) No person or owner of real property located within the Town of Lake
George shall create or maintain a condition on such property which,
due to a human disturbance of land or vegetative cover, or soil, results
in the erosion of soil into any water body or designated stream corridor.
Such condition shall be a violation of this section, with an additional
violation for each day the condition continues.
D. Exemptions. The permit requirements in Chapters
148 and
175 shall not apply to any of the following:
(1) Emergency actions necessary to protect the public health, safety
or welfare or to prevent damage to private property for which notice
is provided to the municipality within 72 hours after the emergency
action.
(2) Any project that received required approvals prior to the effective
date of this section.
(3) Maintenance of structures, utility rights-of-way, impervious areas
and landscaped areas existing on the effective date of this section,
which do not increase the footprint of existing development, do not
involve stream crossings, and do not require disturbance to the stream
bed.
(4) Removal of storm-damaged trees that are a hazard to people or buildings.
(5) Agricultural and silviculture activities exempted by Chapter
148 or
175. Note, though permit requirements are waived, any activity in a stream corridor must comply with all requirements of Subsections
G and
H below, as well as any requirements stipulated by the Planning Board or Planning and Zoning Office regarding harvesting buffers adjacent to streams.
(6) Any activities that conform with the standards of Subsection
H below to the maximum extent practicable, and for which a permit or authorization has been issued by the NYS Department of Environmental Conservation pursuant to the processes, procedures, and standards set forth in 6 NYCRR 608 shall be exempt from Subsection
C(2) above.
E. Class AA-Special streams. All streams and rivers classified as Class
AA-Special (AA-S) pursuant to 6 NYCRR 701.3 shall be subject to the
following regulations:
(1) Setback. All buildings, structures, and accessory structures shall
be set back at least 30 feet from the mean high-water mark; except
that if the building setback restriction for the zoning district is
greater, such greater setback will be observed.
(2) Site plan review. All land use and development within 100 feet of
a classified stream mean high-water mark shall be subject to site
plan review. The only exceptions to this rule would be structures
less than 100 square feet in size, or fencing past 30 feet from the
stream bed, which would only require a land use and development permit.
As part of this review, the Planning Board may require that an undisturbed
natural stream buffer be preserved or installed.
F. Navigable streams. All land use and development of any lot containing or having frontage on a navigable stream and/or river shall be subject to the following regulations contained herein: Chapter
148, Stormwater Management and Erosion and Sediment Control; Article
V, §
175-23, Shoreland Overlay District; Article
VI, §
175-37, Applicability. When a stream is classified as both AA-Special and navigable, the provisions of this regulation, §
175-34F, shall take precedence.
G. Additional standards for the protection of designated stream corridors.
(1) The following standards shall apply to all development, land disturbance,
and land clearing within a designated stream corridor:
(a)
Within six feet of the high-water mark of a stream, no vegetation
may be removed, except that a contiguous clear-cut opening may be
created. The opening shall not exceed 30% of the stream length on
a site or a maximum of 75 linear feet, whichever is less.
(b)
Between six feet and 35 feet from the high-water mark of a stream,
no woody vegetation greater than one inch in diameter at 4.5 feet
above ground elevation may be removed, except that a contiguous clear-cut
opening may be created. The opening shall not exceed 30% of the stream
length on a site or a maximum of 75 linear feet, whichever is less.
(c)
A maximum of 100 square feet of new impervious area or 400 square
feet of porous pavement (i.e., porous pavers) may be created on a
site.
(d)
Where development exists within a designated stream corridor
prior to the effective date of this section, these areas are to be
considered in aggregate with any proposed development, land disturbance,
and land clearing such that the total development within a designated
stream corridor complies with the standards above. If development
within a designated stream corridor exists prior to the effective
date of this section and exceeds the standards above, it may be maintained
in perpetuity.
(2) Prior to the issuance of a permit pursuant to this section, the Town
shall ascertain the probable effect of the project on the water quality
of the stream and the Lake and on the natural resources of the Town,
including the flora and fauna. When it is determined that the proposed
activity will endanger the health, safety or welfare of the public
or lead to unnecessary, uncontrolled or undue impacts to water quality,
to the natural resources of the Town of Lake George or to the physical
or ecological integrity of a designated stream corridor, the permit
shall be denied.
H. Standards for stream crossings and stream bed disturbances. The following
criteria shall apply to all stream crossings and stream bed disturbances:
(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,
except for silviculture activities.
(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 municipality 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 1.25 times the
stream bed width.
(10)
Stream setbacks identified in Subsection
E apply to all AA-S and navigable streams in the Town for any permanent structure over 100 square feet in size. Temporary stream crossings, such as for silviculture activity, do not require area variance relief from the stream setbacks but require a stream crossing permit from the NYS Department of Environmental Conservation.
(11)
Culverts shall be embedded 20% along their entire linear length.
(12)
Any stream bed disturbance shall promote the natural shape,
slope, and substrate of a stream.
(13)
Any stream bed disturbance shall be limited to the minimum disturbance
necessary.
(14)
Creation of land disturbance and impervious areas for driveways
and roads shall be limited to a maximum width of 20 feet and 30 feet,
respectively.
(15)
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 County Clerk in the county where the property is located.
(16)
No permit shall be issued pursuant to this section unless the
municipality 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 the
natural resources of the Lake George Park.
I. Plan requirements. Project plans shall be required to include information
the Town determines is reasonably necessary to complete its review
and generally shall include: plan views of proposed and existing buildings
and impervious areas, grading plans, temporary erosion and sedimentation
controls, limits of clearing, areas of selective cutting, location
of trees to be removed, soil tests, slopes, landscape and plantings
and buffer areas to be protected. Designated stream corridors shall
be depicted on subdivision plats submitted for approval. Plans may
include proposed restoration, plantings, and conservation areas to
demonstrate compliance with the standards herein
J. Additional provisions relating to silviculture activity.
(1) In addition to commercial timber harvest requirements found in this
chapter, the following additional provisions shall apply:
(a)
Requirement for any stream crossings to be authorized by the
Department of Environmental Conservation's General Permit for
Temporary Bridges/Culverts for Logging Activities. The conditions
of the Department's General Permit for Temporary Bridges/Culverts
for Logging Activities shall control over standards for stream crossings
and stream bed disturbances at 6 NYCRR 646-5.5,
(b)
Except as necessary for stream crossings, there shall be no
wood roads, skid trails, or log landings within designated stream
corridors.
(c)
The project is in accordance with the New York State Forestry
Voluntary Best Management Practices for Water Quality: BMP Field Guide
2018 Edition (nysbmpguidelines.com).
(2) The LGPC notice of intent to harvest timber checklist shall be submitted
on forms made available by the municipality. A notice of intent to
harvest timber checklist may cover a period of up to three years.
(3) If the municipality determines that the scope of vegetation removal,
road construction, excavation, land clearing or land disturbance proposed
or undertaken under a permit exemption for silvicultural activity
constitutes development or otherwise poses a threat to the natural
resources of the Town of Lake George, it shall give written notice
to the property owner that a permit is required pursuant to this section.
After such notice, failure by any person to obtain a permit or conform
to the permit requirements shall constitute a violation of this section.
(4) No person shall undertake silviculture activity or vegetative removal
in a designated stream corridor except in accordance with New York
State Forestry Best Management Practices for Water Quality. Whenever
the municipality determines that timber harvesting or vegetative removal
is occurring or has occurred in a manner not in accordance with the
New York State Forestry Best Management Practices for Water Quality,
it shall give notice to the property owner setting forth a reasonable
period of time to undertake specific corrective action. Failure to
undertake the specific corrective action prescribed in the notice
within the period of time shall constitute a violation of this section.
Each day the property owner fails to undertake the specific corrective
action after the period of time shall be a separate violation.
K. Administration.
(1) A variance to any standard in this section shall be processed in accordance with the requirements of Chapter
175 as an area variance.
(2) Whenever the permit requirements of this section apply in conjunction with the requirements of the stormwater management regulations in Chapter
148, a single application form, fee, and permit processing shall be required.
(3) Minor and major project classifications established in Chapter
148 shall apply to any project that requires a permit pursuant to this section.
(4) The fee for permits required pursuant to the section shall be those established for major and minor stormwater projects pursuant to Chapters
148 and
175.
(5) In addition to or as an alternative to any penalty provided herein
or by law, any person that violates this regulation may be required
to restore land to its undisturbed condition.
(6) The Lake George Park Commission shall not be limited from taking
enforcement action if it determines that a violation of this section
or of any permit issued pursuant to this section endangers the health,
safety and welfare of the public or results in damage to the natural
resources of the Lake George Park.