The purpose of this article is to allow the proper integration
into the community of the uses listed in these articles and which
may be suitable within a zoning district only on certain conditions
and only at appropriate locations. Because of their characteristics
or the special character of the area in which they are to be located,
their uses require special consideration so that they may be properly
located and planned with respect to:
The following land uses and developments shall not be undertaken until the Planning Board has approved or approved with conditions such land use or development in accordance with this article and the Zoning Officer has issued a permit for it in accordance with the terms of Article XI hereof:
A.
Any land use or development listed in Article IV and Schedule I[1] of this chapter as a use permitted by site plan review.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Any land use or development listed in Appendix B[2] as a Class B regional project.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
Stripping, excavating and filling.
(1)
Any site preparation involving the stripping, excavating, filling
or grading of land in the following areas will also require site plan
review:
(a)
Within 100 feet of a wetland or within a wetland.
(b)
Within 25 feet of a 15% slope or greater, when measured in any
direction over a distance of 100 feet from the center of the proposed
building site.
(c)
Within 100 feet of all streams and waterbodies as mapped and/or
classified by the New York State Department of Environmental Conservation.
(d)
Within the 100-year floodplain of any watercourse as delineated
on Flood Hazard Boundary Maps or Flood Insurance Rate Maps prepared
by the United States Department of Housing and Urban Development,
incorporating local law(s) pertaining to floodplain management adopted
by the Town Board of the Town of Lake George.[3]
(e)
Which involves land clearing of forested or brush land of greater than 15,000 square feet area in all zoning districts. Any land clearing of forested of brush land greater than 5,000 square feet but less than 15,000 square feet does not require site plan review, but will still be required to adhere to the provisions identified in Chapter 148, Stormwater Management and Erosion and Sediment Control.
(f)
Use of a temporary, portable sawmill, for a period greater than
four consecutive months.
E.
Provisions for contractual access of five or more lots, parcels or
sites or multiple-family dwelling units.
F.
The conversion of tourist accommodations, resorts and housekeeping
cottages to individual single-family or multiple-family dwelling units,
and vice versa.
G.
All applications for transient business licenses pursuant to Chapter 99 of this Code. Garage sales registered and conducted in accordance with § 99-4H of Chapter 99 of this Code and sales of agricultural products registered and conducted in accordance with § 99-4F(2) of Chapter 99 of this Code shall not require site plan review.
H.
Home occupations, Type II.
J.
Any residential or commercial use proposed to be constructed within
500 feet of an historic site either owned by or located in the Town
of Lake George.
K.
All new buildings, structures, and accessory structures within 100
feet of the mean high-water mark of a Class AA-Special (AA-S) stream
or river, pursuant to 6 NYCRR § 701.3.
In accordance with § 274-a of the Town Law, the Planning Board is authorized to review and approve, approve with conditions or disapprove site plans pursuant to and in accordance with the standards and procedures set forth in this chapter. The Planning Board is also hereby authorized to review and approve waivers/variance relief of the provisions identified in Chapter 148, Stormwater Management and Erosion and Sediment Control.
A.
Preliminary sketch plan review.
(1)
Prior to submission of an application for site plan review, an applicant
may meet in person with the Planning Board to discuss the proposed
project. Such discussion shall consider the primary aspects of the
project and application requirements, in order to assist the developer
in preparing his formal site plan.
(2)
The informal sketch plan shall show the various elements of the development
proposal in such a manner as to clearly illustrate the intention of
the developer. If necessary, the site may also be visited. The Planning
Board may, if appropriate, in the case of small developments with
little impact on adjoining lands, accept the informal sketch plan
as the formal site plan, provided that all other requirements are
met.
B.
Application requirements. Applications shall consist of the following,
unless specifically waived by the Planning Board or Zoning Officer.
The sketch plan may be deemed to be the final plan at the Planning
Board's discretion.
(1)
Twelve copies of a site plan, drawn to scale, to include the following:
(a)
A location map showing the boundaries and dimensions of the
parcel or tract of land involved, identification of contiguous properties,
zoning districts, any easements or public rights-of-ways and all features
within 500 feet of the site.
(b)
Existing features of the site, including existing land and water
areas, existing buildings and any existing accessory structures, existing
water supply systems and sewage systems located either on the parcel
or on an immediate adjacent parcel and existing surface drainage characteristics.
Streams should be labeled as either intermittent or permanent and
navigable or nonnavigable.
(c)
Delineation of the proposed building location and arrangement
of buildings or installations on the site, including parking areas
and means of ingress and egress.
(d)
A sketch of the proposed building or structure, including exterior
dimensions and elevations of front, side and rear view.
(e)
A map indicating existing and proposed topography at a contour
interval of not more than two feet, where the slope is 10% or greater,
and not more than five feet where the slope is less than 10%, and
of the existing and proposed elevations.
(f)
A landscape plan and tree schedule in accordance with the landscaping
and buffering provisions of the commercial design guidelines.
(g)
A lighting plan in accordance with the lighting provisions of
the commercial design guidelines.
(h)
A stormwater management plan.
(2)
Accompanying data, to include the following:
(a)
Application form and fee must be presented to the Planning and
Zoning Office no later than the 15th day of the month preceding the
month of a regular meeting of the Planning Board at which the applicant
wants the application to be first considered by the Board. If the
15th of the month falls on a Saturday, then the submittal date is
the Friday before. If the 15th of the month falls on a Sunday, then
the submittal date is the Monday after.
(b)
The name and address of the applicant and any licensed professional
consultants.
(c)
Authorization of the owner if the applicant is not the owner
of the property in question.
(d)
A description of materials and methods of installation for any
equipment or installation for which the permit is being sought.
(e)
The results of any required on-site investigations, including
soils test, borings and percolation tests if applicable.
(3)
The site plan map shall include a North arrow, scale, date and such
additional information as the Planning Board or Zoning Officer may
reasonably require to assess the proposed project.
C.
Special consulting fees.
(1)
The Planning Board, in its review of site plan applications, may
employ consultants, legal counsel, professional engineers and/or inspection
services to provide assistance and advice in the review of any application,
including on-site investigation, evaluation and inspection; verification
of the accuracy of the information submitted; evaluation of the adequacy
of plans and the sufficiency of submitted reports; study of the impact
of proposals upon the resources and environment of the Town; preparation
and/or review of environmental impact statements; review of the design
and layout of improvements; inspection of installed improvements;
and such other services or technical assistance as the Board of Appeals
deems necessary for its review of the application.
(2)
All costs incurred for these special consulting services shall be
borne by the applicant. Fees for the preparation or review of environmental
impact statements shall be as determined by 6 NYCRR Part 617, adopted
pursuant to Article 8 of the Environmental Conservation Law.
(3)
After the Planning Board has rendered its decision on an application,
the balance of the special services shall be paid to the Town within
30 days of receipt of invoice.
(4)
Payment to cover incurred costs in full shall be a condition to final
approval of any application by the Planning Board, if special consulting
services are required. No permit approval shall be signed, stamped,
sent or otherwise valid until and unless such amount is paid.
A.
Additional requirements for shopping center applications.
(1)
In addition to the requirements described above, the site plan for
a shopping center shall include parking areas, circulation patterns,
landscaping plans, lighting plans, signage plans, stormwater control
plans and pedestrian amenities.
(2)
A sketch shall be provided with dimensions of all signs, light fixtures
and other amenities.
B.
Additional requirements for Class A marina applications.
(1)
In addition to the requirements described above, the site plan should
indicate all docking areas, boat launch areas, boat storage areas,
any accessory commercial uses, pumpout facilities, gasoline facilities,
parking areas, safety structures, both boating and vehicular traffic
patterns, landscaping plans and waste disposal facilities.
(2)
Construction plans shall be provided for all gasoline storage and
dispensing facilities.
(3)
The lake bottom shall be described in the vicinity of all proposed
dock areas, mooring areas and launch areas, including depth, sediment
composition, vegetation and fish-spawning areas. Any disturbance to
the lakeshore or lake bottom shall be described.
C.
Additional application requirements for site preparations listed in Article VI, § 175-37, Applicability; § 175-39B, Application requirements, and this section. In addition to the requirements described above, the site plan shall indicate:
(1)
Any excavation, filling and grading proposed to be undertaken, including
the depth, volume and nature of materials involved in such preparations.
(2)
The type, size and location of vegetation to be removed.
(3)
The location of areas where topsoil will be removed, where it is
to be stockpiled and where it will ultimately be spread and to what
depth.
(4)
All temporary and permanent drainage, erosion and sediment facilities,
including ponds and sediment basins.
(5)
All temporary and permanent vegetation to be placed on the site,
including plant type, size and extent.
(6)
The anticipated pattern of surface drainage during periods of peak
runoff upon completion of site preparation and construction activities,
including the rate and direction of flow at all major points within
the drainage system.
(7)
A completion schedule for the project, indicating staging, estimated
starting and completion dates and anticipated duration (in days) of
exposure of all major areas of site preparation prior to the installation
of erosion and sediment control measures.
A.
Within 62 days of receipt of a completed final site plan application,
the Planning Board shall approve the application, approve it with
conditions or hold a public hearing on the application. The Planning
Board shall hold a public hearing if an application, including any
application to modify any previous approval, includes land within
300 feet of the mean high water mark of Lake George.
B.
Using its discretion in determining whether or not to hold a public hearing on a given application, the Planning Board shall consider the size and complexity of the proposed activity, the level of public interest in the application and the possibility of disapproval. In no case shall an application be disapproved without a public hearing's first having been held. Public hearings shall be advertised in accordance with Article VI, § 175-38, Authorization for Planning Board to review site plans, and § 274-a(8) of the Town Law.
C.
If a public hearing is held, the Planning Board shall, within 62
days of the completion of the hearing, approve, approve with conditions
or disapprove the application.
D.
In reviewing site plan applications, the Planning Board shall apply the review considerations and standards set forth in § 175-45, Applicability, of this article and Appendix D of this chapter.[1] In no case shall an application be approved or approved
with conditions unless it reasonably complies with such considerations
and standards.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Where required by § 239-k or § 239-m of the General
Municipal Law, the Planning Board shall refer site plan review applications
to the Warren County Planning Board or County Highway Superintendent
prior to decisions in accordance with such laws.
F.
Planning Board decisions shall be in writing and may include reasonable
conditions to further the ends of this chapter. Reasons for any disapproval
shall be clearly stated.
G.
The decision of the Planning Board shall immediately be filed in
the office of the Town Clerk and a copy thereof mailed to the applicant.
H.
Any approval by the Planning Board should be posted in a conspicuous
location, at the project site within public view prior to undertaking
the proposed use, for a period of 30 days beginning with the approval
date.
I.
Unless otherwise specified or extended by the Planning Board, all
site plan approvals issued by the Planning Board shall expire two
years from the date of approval, if the approved action has not commenced.
The standards and considerations set forth in Articles IV, V and VI and Appendix D[1] shall be used by the Planning Board, where reasonably
applicable, for the review of a site plan. General standards shall
be as follows:
A.
The location, size and intensity of the proposed activity shall be
in harmony with the appropriate and orderly development of the district
in which it is to be located.
B.
The location, nature and height of buildings, walls, signs and fences
and the nature and extent of the landscaping on the site shall be
such that the use will not hinder or discourage the appropriate development
and use of adjacent land buildings and/or will not impair the value
thereof. Further, the location, nature and height of buildings, walls,
signs and fences and the nature and extent of landscaping on the site
shall be compatible with the physical characteristics of the area
in which it is located.
C.
Any noise, odor, vibration, dust, gas or emission of any type that
is likely to be coincident to the nature of the operation shall not
be hazardous or offensive.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Traffic access and road construction.
(1)
All proposed traffic access and roads shall be adequate in width,
grade alignment and visibility and not located too near street corners
or other places of public assembly; necessary traffic signalization
and other safety controls, devices and facilities shall be given proper
consideration and be duly provided wherever appropriate or warranted.
(2)
Access shall be restricted to discrete points of entry and exit and
shall not be along the entire road frontage of the project.
(3)
Snow removal, if applicable, shall be provided on the site so as
to avoid obstructing drivers' vision, protect landscape elements and
avoid posing problems for adjoining or contiguous properties.
(4)
Access causing entry to a state or county highway shall first obtain
authorizations of the proper authority having jurisdiction.
(5)
Existing public road drainage shall be protected so that surface
drainage flow is not impeded. Where required by the Planning Board,
a corrugated metal or reinforced concrete conduit of a length and
diameter as may be necessary, but at least a minimum of 12 inches
in diameter and 20 feet in length, to accommodate surface runoff along
such public highway shall be property installed at the applicant's
expense.
(6)
All roads shall be planned and installed to logically relate to the
existing soils, topography and vegetation. For these purposes, areas
with steep slopes, shallow soils, soils with a water table at or near
the surface and soils that are highly susceptible to erosion or slippage
should generally be avoided.
(7)
Clearing and grading of roads in wooded areas shall be limited to
that which is necessary to construct safe roads, provide needed roadside
and embankment drainage, construct stable cuts and fills and provide
for utility installation.
(8)
All cleared banks, exposed borrow areas and cut and fill slopes,
including ditch banks, shall be successfully vegetated generally to
grasses or legumes that are suited to site conditions.
(9)
Ditch bottoms shall be constructed and maintained to minimize soil
erosion during periods of design flow by means of revegetation, sodding,
mulching, netting, stone paving, riprap and other materials or combinations
of these, depending on hydraulics and soil properties.
(10)
Road and private drive grade shall not exceed a 12% average
grade over any 150-foot length and shall not exceed 15% over any length.
(11)
Road maintenance procedures shall minimize the use of salt and
other de-icing compounds for keeping surfaces free of ice and snow.
Lightly salted sand is a desired alternative. Under no circumstances
shall any de-icing compound be used to keep culverts free of ice or
snow.
B.
Construction activities.
(1)
All earthmoving activities shall be planned in such a manner as to
minimize the land area disturbed.
(2)
Natural features such as topography, waterways and other similar
resources shall be preserved and conform substantially to the natural
boundaries and alignment of watercourses.
(3)
Permanent vegetation shall be successfully established and erosion
control structures shall be installed as soon as practical. Wherever
feasible, natural vegetation shall be retained and protected.
(4)
Where it is not possible to permanently stabilize a disturbed area
immediately after the final earthmoving has been completed or where
the activity ceases for more than seven days, interim stabilization
measures shall be completed within 10 days following the last substantial
construction activity, including mulching and planting of vegetation.
(5)
Runoff from any slope exposed greater than 15 days shall be controlled
through utilization of mulching, check dam, temporary sediment basins
and other generally approved engineering methods.
(6)
Topsoil shall be removed from all areas to be excavated and stored.
Upon completion of the earth movement the topsoil shall be respread
to provide a suitable base for seeding and planting.
(7)
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.
C.
Shorelines.
(1)
All construction involving any shoreline shall be carried out in
such manner as to minimize interference with the natural course of
such waterway, to avoid erosion of the shoreline, to minimize increased
runoff of ground- and surface water into the waterway and to remove
only that vegetation which is necessary to the accomplishment of the
project.
(3)
No on-site sewage tile field or seepage pit shall be located within
100 feet of any shoreline, and no septic or other holding tank, including
fuel storage tanks, shall be located within 100 feet of any shoreline,
as measured from the normal high-water mark of the waterbody.
(4)
Any boat pumpout or other connection to provide for the accommodation
of sanitary wastes shall be connected to an adequate and approved
sewage disposal system, whether a public system or an individual on-site
system.
(5)
Any storage of petroleum products or petroleum products using facilities,
whether a marina, boat service facility or other use, within 300 feet,
or other reasonable setback as determined to be necessary by the Planning
Board, of the shoreline shall include adequate provisions for ensuring
that leaks shall be prevented and that any leak, rupture or spill
will be contained and not be introduced into or affect the adjacent
waterway, including but not limited to:
(a)
All fuel storage tanks should adhere to New York State Department
of Environmental Conservation regulations for storage tanks, whether
above ground or underground.
(b)
All underground tanks shall be set on firm foundations and surrounded
with at least six inches of noncorrosive inert materials such as clean
sand, earth or gravel well-tamped into place.
(c)
Tanks shall be covered with a minimum of two feet of earth,
or if the underground tanks are or likely to be subjected to vehicular
traffic, they shall be protected against damage from vehicles passing
over them by at least three feet of earth cover or 18 inches of well-tamped
earth, plus six inches asphalt or reinforced concrete. When asphalt
or reinforced concrete paving is used as part of the protection, it
shall extend at least two feet horizontally beyond the outline of
the tank in all directions. Corrosion protection for the tanks and
its piping shall be provided.
(d)
All tanks shall be strength tested as evidenced by the ASME
Code Stamp, API monogram or the label of the Underwriters' Laboratories,
Inc. Tanks not so marked shall be strength tested before they are
placed in service in accordance with good engineering principles.
Corrosion protection for the tank and its piping shall be provided
by one or more of the following methods:
(6)
No boat docks or dockage area shall extend closer than 20 feet to
any adjoining property line. The property line shall be measured by
the extension of an imaginary line drawn perpendicular to a tangent
of the shoreline at a place where the property line and the shoreline
intersect.
(7)
Adequate safety and traffic control devices shall be provided to
ensure controlled safe ingress and egress of boats, for a distance
of 200 feet or a distance to be determined by the Planning Board.
(8)
Adequate separation from both public and private beach areas shall
be provided as determined by the Planning Board.
D.
Mountainsides.
(1)
In highly visible areas, such as mountainsides, existing and introduced
native vegetation should be used to blend the structure with the surrounding
landscape. Selective cutting of vegetation should be utilized to provide
a view from within the structure while minimizing the structural intrusions
upon the visual landscape.
(2)
Buildings should not be silhouetted against the skyline. Buildings
should be sited below the crest or ridgeline or hills to preserve
a natural topographic and vegetative profile.
(3)
Hillside cuts for roads or other site development areas of high visibility
should be stabilized and vegetated with native species to avoid highly
contrasting unnatural landforms.
(4)
The use of exterior materials, textures and colors, preferably earth
tones, shall be consistent with the surrounding mountainside. The
use of reflective materials shall be minimized.
(5)
The location, height, design, arrangement and intensity of exterior
lighting shall minimize glare and shall be directed and shaded to
prevent objectionable light from adversely impacting the visual landscape.
Buildings shall be lit to the minimum extent that is necessary to
provide safe ingress and egress to the structure.
E.
Fire protection. All proposed structures shall be readily accessible
for fire protection. Driveways and access roads shall have sufficient
overhead clearance and shall have sufficient width and grade to permit
fire truck access.
F.
Aesthetics.
(1)
Existing vegetation, topography and careful siting methods shall
be utilized to minimize the visual impact of the proposed development.
(2)
Outdoor public areas, walks, parking areas or similar site improvements
shall be landscaped.
(3)
The size and shape of the structures and other site improvements
shall be consistent with the character of neighboring buildings and
shall be in harmony with the landscape character.
(4)
The use of exterior materials, textures and colors shall be consistent
with the character of the neighborhood and shall be in harmony with
the landscape character.
G.
Development guidelines.
(1)
The Planning Board should determine if proposed development will
be visible from the travel route(s) and, if so, the distance from
proposed development to such route(s).
(2)
Development proposed within travel corridors should be constructed
in a manner which maintains the open space character of the Adirondack
Park, especially within rural use and resource management areas. Buildings
should be placed back from roads to harmoniously reflect the rural
character of the region.
(3)
Existing vegetation should be retained along roads in sparsely developed
areas.
(4)
The siting of buildings placed within high-quality views or in the
foreground view of travel corridors should utilize vegetation and
topographic screening and landscaping techniques to minimize their
intrusion on the character of the area.
(5)
Sand, gravel and other borrow pits and stockpiling areas should be
located away from the scenic vistas unless they are effectively screened
from view from the corridor.
(6)
Potential views should be developed and used in plan development.
(7)
Scenic vistas created by the presence of open fields, especially
in the vicinity of heavily wooded areas, should be protected. Development
should be placed within wooded areas adjacent to open fields.
(8)
Site development should be planned so that it harmonizes with the
existing landscape character type by using existing landforms and
vegetation. Development in natural areas should blend into the landscape;
development in hamlet areas should reflect their Adirondack character.
(9)
For highly visible wooded areas, structures should be sited in wooded
areas rather than in open fields. Light-colored or highly reflective
materials should be avoided. In previously developed or in agricultural
areas, natural building materials should be used.
(10)
Roads, utility rights-of-way and other linear alterations should
follow topographic patterns, diagonally traversing slopes to avoid
forms which tend to stand out against the rolling mountainous terrain
of the Adirondacks.
(11)
The siting of sand and gravel extractions in highly visible
locations should be avoided, and, where this is impractical, vegetative
screening should be used to minimize visual impacts.
(12)
The adequacy, type and arrangement of trees, shrubs and other
suitable plantings, landscaping and screening shall create a visual
and/or noise buffer between the applicants and adjoining lands, including
the maximum retention of existing vegetation and maintenance, and
the removal and replacement of dead or deceased plants.
H.
Historic considerations. In approving or disapproving applications
that may involve an historic site, the Planning Board shall consider
the following principles:
(1)
Every reasonable effort shall be made to provide a compatible use
for an historic site that requires minimal alteration of the building,
structure or site and its environment, or to use the historic site
for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall be retained. The removal
or alteration of any historic material or distinctive architectural
feature should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that are incompatible shall be discouraged.
(4)
Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical, or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials or historic landscape features
shall be not undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
The Planning Board shall take into account the ability of the
responsible unit of government to provide the services and facilities
that will be required by the use or project under consideration and
to guide development in a manner that reflects the physical capacity
of the service system or facility and the financial capacity of the
responsible unit of government to respond to additional requirements
generated by such use or project.
