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:
A. 
The objectives of this chapter.
B. 
Impact on surrounding properties.
C. 
Impact on the natural, historic and scenic resources of the Town.
D. 
Protection of the health, safety and welfare of the community.
E. 
Substantial conformance with the Town of Lake George Comprehensive Plan.
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]
[3]
Editor's Note: See Ch. 83, Flood Damage Prevention.
(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.
(2) 
However, the following activities shall be exempt from provisions of this Subsection C:
(a) 
Agricultural operations which have an approved soil conservation plan or are less than 25 acres in size and are not within 100 feet of a watercourse.
(b) 
Municipal activities.
D. 
Any commercial land use or development within 300 feet of the following designated travel corridors:
11-16-2020 by L.L. No. 6-2020]
(1) 
New York Route 9 in the RCM-1 Zone.
(2) 
New York Route 9N in the RCM-S2 Zone.
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.
I. 
Any land use and/or development within the Shoreland Overlay District as defined in Article V.
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.
(2) 
All provisions for tree cutting, filling, grading, etc., under Article V, § 175-23, Shoreland Overlay District, shall be applicable.
(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:
[1] 
Use of protective coatings or wrappings.
[2] 
Cathodic protection.
[3] 
Corrosion-resistant materials of construction.
(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.