Except as hereinafter provided:
A.
No building or land nor any other facility such as
a septic system shall hereinafter be changed in use and no building,
part thereof, or such facility shall be erected, moved or altered
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
No building shall hereinafter be erected, moved or
altered:
C.
No part of a yard or other open space required about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
No lot shall be reduced in area so that any
required area or open space will be less than prescribed in the regulations
for the district in which said lot is located. This provision shall
not apply when a portion of a lot is transferred to a public use.
[Amended 8-16-1983 by L.L. No. 2-1983]
Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot of less than the required area and/or width for a private dwelling unit in any district, provided that at the time of the passage or amendment of this chapter the lot was owned by or under contract of sale to persons other than those owning any adjoining lot unless such lot cannot meet the requirements of § 400-8.4B and C below. All other requirements of this chapter shall be met where possible. If questions arise as to which requirements must be met, the zoning administrative officer shall refer the matter to the Zoning Board of Appeals for disposition.
Other provisions of this chapter notwithstanding,
nothing shall prohibit the owner of record, at the time this chapter
is adopted, of a lot of 10 acres or larger in the Rural or Rural Residential
District, from subdividing the lot into a maximum of four lots of
a minimum of 40,000 square feet each.
A.
Except where sewage disposal lines are connected to
a public sewer system, an adequate sanitary disposal system, including
an adequate septic tank and drainage field, shall be installed and
maintained on each lot where the use of any building on the lot involves
the disposal of sewage or other waste material. No subdivision or
portion thereof shall be sold, offered for sale, leased or rented
by any corporation, partnership or individual, and no permanent building
shall be erected thereon until a map of such subdivision in accordance
with the applicable provisions of the New York State Sanitary Code
shall be filed with and approved by the State Health Department, and
such subdivision has been approved by the Town of Saratoga Planning
Board in accordance with requirements for the approval of subdivision
plans in the Town of Saratoga, New York.
B.
Requirements applicable to individual lots. Notwithstanding
any other provision of this chapter, no building permit for the erection
of any building the use of which requires the disposal of sewage or
other waste material shall be issued by the Zoning Officer until such
time as a percolation test, witnessed by said Zoning Officer, is conducted.
If, in the discretion of the Zoning Officer, seasonal conditions prohibit
the conduct of a valid percolation test, the test may be deferred.
No certificate of occupancy, however, shall be issued until such test
is successfully conducted.
[Amended 7-14-1986 by L.L. No. 2-1986]
(1)
All percolation tests required by this chapter
shall be conducted in accordance with the New York State Waste Treatment
Handbook, Individual Household Systems.
(2)
Should percolation tests result in a standard
percolation test rate greater than 30 minutes, or in a finding of
bedrock at a depth less than five feet, or groundwater at a depth
of less than two feet below the designated bottom of a proposed tile
field, a conventional in-ground septic system is not acceptable. In
such instances, the owner of said lot shall submit to the Zoning Officer
a plan for an alternative system. Such alternative system plan shall
conform with an alternative system outlined in the New York State
Waste Treatment Handbook, Individual Household Systems.
(3)
In the event an alternative system plan is required,
no building permit shall be issued by the Zoning Officer until the
alternative plan is approved by the Zoning Officer. If deemed appropriate,
the Zoning Officer and/or the applicant should consult with the New
York State Health Department on the best alternative system to be
utilized.
C.
Separation requirements. The effluent from an optimally
designed and operated sewage disposal system contains large amounts
of dissolved nutrients which eventually may reach the groundwater.
Also, some chemical contaminants and viruses are capable of traveling
great distances if they reach the groundwater aquifer. To minimize
the possible health hazard and pollution potential of this treatment,
sewage subsurface disposal systems should be located as far as possible
from drinking water supplies. All sewage disposal systems shall be
installed in accordance with the separation distances outlined in
the following table:
|
Separation Distances from Sewage Disposal
Systems
| |||||
|---|---|---|---|---|---|
|
Distance to
(feet)
| |||||
|
Sewage Disposal System
|
Well
|
Stream, Lake or Watercourse
|
Dwelling
|
Lot Line
| |
|
Septic tank
|
50
|
50
|
10
|
10
| |
|
Effluent line to distribution box
|
50
|
50
|
10
|
10
| |
|
Distribution box
|
100
|
100
|
20
|
10
| |
|
Absorption field
|
100
|
100
|
20
|
10
| |
|
Seepage pit
|
150
|
100
|
20
|
10
| |
|
Fill or built-up system
|
100
|
100
|
20
|
10
| |
|
Evapotranspiration - absorption system
|
100
|
50
|
20
|
10
| |
|
Sanitary privy pit
|
100
|
50
|
20
|
10
| |
|
Privy, watertight vault
|
50
|
50
|
20
|
10
| |
Nothing in this chapter shall restrict the construction
or use of underground or overhead distribution facilities of public
utilities operating under the laws of the State of New York.
No automobile junkyard shall be hereinafter established in the Town of Saratoga. Existing junkyards shall be operated in full compliance with Chapter 272, Junkyards.
[Amended 3-8-1989 by L.L. No. 1-1989]
No dump, dumping ground or sanitary landfill
shall hereinafter be established in the Town of Saratoga.
A.
The minimum distance between accessory buildings shall
be 15 feet.
B.
Roadside stands are allowed only as an accessory agricultural
use to sell produce. Such stands shall be at least 25 feet from the
street or highway right-of-way line and shall be provided with adequate
off-street parking area.
C.
Swimming pools may be located in rear or side yards
only. Inground pools must be adequately fenced for safety.
D.
External storage or continued parking of unoccupied
mobile home(s) or more than one unregistered vehicle is prohibited.
[Added 7-13-1992 by L.L. No. 3-1992]
E.
Mining shall not be a permitted use nor a special
permitted use in the Rural Residential District.
[Added 11-4-2004 by L.L. No. 9-2004]
[Amended 5-22-2003 by L.L. No. 1-2003]
A.
The minimum distance between accessory buildings shall
be 10 feet.
B.
External storage or continued parking of industrial
equipment, unoccupied mobile home(s) or more than one unregistered
motor vehicle is prohibited.
C.
Swimming pools may be located in rear or side yards
only. Inground pools must be adequately fenced for safety.
D.
Building height (as defined in this chapter) shall
not exceed 34 feet.
[Added 7-19-2004 by L.L. No. 6-2004;
amended 5-12-2014 by L.L. No. 1-2014]
Those uses not specifically permitted by this
chapter are prohibited.
[Amended 8-16-1983 by L.L. No. 2-1983; 5-13-2019 by L.L. No. 1-2019]
A.
The mixed use of property in the Town, as defined in this chapter,
is allowed as a use requiring a special permit in the following zoning
districts: Rural, Rural Residential, Hamlet, Conservancy and Lake
Commercial. The minimum lot area, lot width, frontage, yard dimensions
and building coverage for a mixed use shall be the minimum dimensions
specified in the respective zoning districts for the permitted use
having the higher requirements.
B.
Unless otherwise allowed by this chapter, in all other zoning districts
of the Town, no more than one principal building or use shall be established
on any lot.
[Added 5-22-2003 by L.L. No. 1-2003]
A.
Applicability; intent. This regulation applies to
all land use ordinances. It strives to prevent major impacts of development
on the hydrological environment. The primary approaches used will
be to limit clear cutting of forests and to provide natural buffer
zones within reasonable distances of the shores of Saratoga Lake,
major streams and the Hudson River.
B.
Purpose.
(1)
The purpose of these control measures is to
limit erosion, reduce sediment transport, and prevent the introduction
of man-made pollutants in the Town's water drainage and reservoir
systems. Specific geologic concerns addressed are aquifers, unstable
soils, floodplains, wetlands, lakes, wells, and storm drainage. Biological
concerns include natural aquatic plants, plus preservation of life
cycle environments for nondomesticated animals.
(2)
The Planning Board must consider the impact
of the action with special concern that the proposed activity is properly
managed and that the long-term adverse impact to the aquifer, slopes,
waterways and reservoirs is minimal. It should not be the objective
to further restrict farming operations.
C.
Submittal requirements. When a disturbance is proposed
for slopes or near streams and reservoirs, the following regulations
must be followed and an explanation of how they are being addressed
must accompany applications to the Zoning Officer or to the Planning
Board. Documents to be provided should include a land survey with
applicable topographical and hydrological features.
D.
Development standards.
(1)
No development will be permitted in a fifty-foot
buffer zone at the sides of a designated wetland, of significant flowing
streams (designated by the DEC and normally flowing more than six
months per year) or active reservoir (greater than 1/10 acre with
a six month-per-year discharge). When average slopes next to the stream
exceed 10%, a special review and consultation will be required by
the Town Planning Board prior to establishing a development buffer.
(2)
Development includes any activity that temporarily
disturbs 10% of the buffer zone between the plot and the water. Permanent
development is not allowed in the buffer zone unless reviewed by the
Town Planning Board. Possible permitted uses would be walking path
access or slope stabilization. During development of the remaining
plot, silt fences will be required for existing or proposed slopes
of greater than 10% in the construction zone.
(3)
No activity will be permitted within the buffer
zone that contributes to stream pollution, such as septic systems
and pesticides. Storm drainage through the buffer zone must be designed
to prevent erosion and sediment transport and must not exceed the
flow rate that existed prior to the proposed development.
(4)
Land clearing proposals of greater than 20%
of wooded slopes that exceed 10% must provide plans to the Town Planning
Board that address erosion control, bank stabilization, sediment transport
and visual impact.
(5)
No disturbance shall be created on areas of
steep slopes greater than 25% (greater than 6.25 vertical feet in
25 horizontal feet) unless the Zoning Officer or Planning Board determines
that:
(6)
No disturbance shall be created on areas of
steep slopes greater than 35% (greater than 8.75 feet of vertical
rise in 25 horizontal feet) unless the Zoning Officer or Planning
Board determines that:
(a)
Land disturbance has been restricted to the
maximum extent practicable;
(b)
Disturbance is clearly needed for foot paths
and essential utility corridors; and
(c)
There is no practical alternative available
to enable access to or within a tract or upon an existing lot and
without such access substantially all reasonable use of the tract
or lot would be precluded.
(7)
All requests to Town Planning Board must be
reviewed and approved by Town Engineer.
(8)
When considering an application which includes
the disturbance of steep slopes, the Zoning Officer or Planning Board
shall seek to minimize, to the greatest extent practicable, the negative
impacts of such development. In so doing, the Zoning Officer or Planning
Board shall ensure that:
(a)
Excavation, filling, grading and stripping shall
be permitted to be undertaken only in such locations and in such a
manner as to minimize the potential of erosion and sediment and the
threat to the health, safety and welfare of neighboring property owners
and the general public.
(b)
Steep slopes are protected to the extent feasible
by assuring that:
[1]
Disturbance is limited to ground
areas clearly needed for development by using cluster or open space
design principles whereby lots, structures, utilities and other improvements
are located in areas most suitable for development.
[2]
The padding or terracing of a building
site, including mounding of septic tile fields, shall be minimized.
[3]
Roads and driveways follow natural
topography, and minimize grading.
[4]
Natural elevations and vegetative
cover of ridgelines shall be disturbed only if the crest of the ridge
and the tree line at the ridge remains uninterrupted either by positioning
buildings and areas of disturbance below the ridgeline or by positioning
buildings and areas of disturbance at the ridgeline so that the roof
line of the building is seen as a continuation of the natural tree
line.
[5]
Sewage disposal systems and wells
are sited to minimize fill requirements, and the potential for disturbance,
erosion, sinking, and slope failure.
[6]
Grading, cuts and fills are minimized
and, to the greatest extent possible, a natural appearance is retained
upon completion of the activity.
[7]
The angle of slope created by a
cut or fill does not exceed the natural angle of repose of the soil
or rock materials in the cut or fill, except where retaining walls
or other structural stabilization is used. Generally, for soils, angles
of a cut or fill shall be no steeper than 33 vertical to 100 horizontal
feet (33% slope), except up to 50 vertical to 100 horizontal (50%
slope) may be permissible for certain soils designated by a qualified
professional engineer, architect or landscape architect.
[8]
Tops and bottoms of cuts and fills
are set back from structures and property lines a distance that will
ensure the safety of the structure and neighboring property in the
event of the collapse of the cut or fill.
[9]
Removal of rock or rock outcrop
is accomplished by labor or machines. Blasting is minimized, and any
blasting that is required is done in accordance with federal and state
regulations by a person holding a current Class A or Class B certificate
of competence from the New York State Department of Labor.
[10]
Disturbance on steep slopes within
50 feet of a water body, watercourse or wetlands is avoided to the
maximum extent feasible.
[11]
Disturbance of steep slopes is
undertaken in workable units in which the disturbance can be completed
within one construction season. Areas shall be seeded and planted
immediately after completion of disturbance to prevent erosion and
slope failure.
(9)
This regulation does not alter or reduce any
constraints imposed by the NYSDEC or the US Army Corps of Engineers.
E.
Exempted from regulations. The following uses are
exempted from the previously mentioned regulations. Nonetheless, every
effort should be made to abide by the above development standards:
[Added 5-22-2003 by L.L. No. 1-2003]
B.
Purpose and intent.
(1)
The use of flag lots is generally discouraged.
The primary objective is to prevent incremental development that unnecessarily
uses valuable farmland and degrades the open space perspective of
the Town. Allowing limited flag lots allows the Planning Board the
flexibility to negotiate the set-aside of roadside views and agriculturally
used lands to get a better land use pattern than would be achieved
by the straight road frontage rule.
(2)
The second objective is to plan for the proper
use of our roadway system by limiting public road access points.
C.
Submittal requirements. At a preliminary hearing,
the requester must provide graphical representation of the total contiguous
property involved as well as a narrative outlining how the project
would proceed. An eight-inch-by-ten-inch photo shall be provided to
show potential open space views that would be preserved.
D.
Development standards.
(1)
A single flag lot of one acre may be approved
by the Planning Board if an equivalent sized lot or larger is legally
set aside that forfeits future development rights and which provides
an unobstructed (by structures) open space view from the road or public
waterways. The driveway to the proposed lot must be a minimum of 30
feet in width. The driveway must be legally attached to the flag lot
owner or to an association of lot owners under legal agreement. Property
cannot be landlocked by the implementation of this regulation. Therefore,
access rights-of-way and setbacks for backland development or usage
must be presented at time of request for approval.
(2)
The lot shall be large enough to contain the
minimum lot area for the zone, as required by the this chapter, without
including the area within the driveway access strip. The lot width
and setbacks shall comply with the zoning requirements for the zone
in which the lot is located.
(3)
Flag lots will not be approved if they will
cause an additional public road access for a minimum of 600 feet to
existing driveways on the property of the seller. This rule would
prevent the request for flag lots every 240 feet. Requests for closer
flag lots require going through subdivision review.
(4)
All driveways to flag lots must be accessible
to and be able to hold a fifty-thousand-pound thirty-foot long vehicle,
as determined by a licensed engineer. All lots with driveways longer
than 200 feet shall have facilities for a turnaround with sufficient
stabilized surface for fire trucks within 100 feet of any structure.
(5)
In situations where the above requirements cannot
be met or where environmental and scenic considerations are paramount,
the Planning Board can permit access to a final one-residence flag
lot if deed restrictions are imposed. This standard prevents future
incremental land development of difficult properties.
[Added 5-22-2003 by L.L. No. 1-2003]
Notwithstanding the land uses permitted by this
chapter, the following regulations shall apply to the keeping, including
the temporary keeping such as boarding, of animals in any zoning district
for purposes other than agricultural pursuits
A.
In the absence of a special use permit and site plan
approval as specified in this chapter, the keeping of large animals,
including but not limited to horses, ponies, cattle, goats, pigs,
or sheep, shall meet the following minimum area requirements:
B.
The Planning Board may issue a special use permit
for the keeping of animals upon lots containing less than the minimum
area set forth above, subject to site plan approval, provided that
the applicant shall meet all conditions and satisfy the criteria applicable,
and provided, further, that the Planning Board shall find that adequate
open space and facilities for the proper care of such animals are
available and will be established, and that the keeping of such animals
will not interfere with the reasonable use and enjoyment of the property
of others.
C.
Manure storage shall be located a minimum of 100 feet
from any property line or a minimum of 200 feet from a property line
up gradient from an existing well.
[Added 1-11-2016 by L.L.
No. 1-2016]
The inside or outside parking, cleaning, maintenance or storage
of commercial vehicles or of construction-related equipment, other
than a commercial pickup truck or a compact tractor, and the outside
storage of construction materials on premises in the Rural District
2 and Lake Residential Zoning Districts is prohibited, except during
the active loading or unloading of merchandise, the active performance
of a commercial service for the premises, or in conjunction with a
permitted construction project.
A.
Notwithstanding any other section of this chapter,
no use requiring review in accordance with the New York State Environmental
Quality Review Act regulations shall be established nor shall a building
permit be issued for the establishment of such use until all requirements
of the regulations have been met.
B.
Notwithstanding any other section of this chapter,
no regulated use may be established nor shall a building permit be
issued for the establishment of such a use in a wetland as defined
by the New York State Freshwater Wetlands Act until any and all necessary
permits are issued by the New York State Department of Environmental
Conservation.
[Amended 7-14-1986 by L.L. No. 2-1986]
A.
In addition to any other requirement of this chapter,
no mobile home shall be placed in the Town of Saratoga unless it is
in compliance with the State Code for Construction and Installation
of Mobile Homes.
B.
All mobile homes placed in the Town of Saratoga following
adoption of this chapter shall be placed on a permanent foundation
or floating slab and be appropriately skirted. Mobile homes not anchored
to a foundation or slab shall be held in place by tie-downs.
C.
Upon application to the Zoning Officer, a temporary
certificate of occupancy may be authorized to allow a mobile home,
as herein defined, to be occupied while a permitted dwelling unit
is being constructed on the same lot. Such temporary certificate of
occupancy shall be valid for a period not to exceed one year from
the date of issue and is not transferable. No certificate of occupancy
shall be issued upon the permitted dwelling unit until such time as
the mobile home is removed from the site.
D.
Such mobile homes placed pursuant to a temporary certificate
of occupancy shall be exempt from the requirement of a permanent foundation
or floating slab.
[Amended 7-19-2004 by L.L. No. 6-2004]
Notwithstanding any other section of this chapter,
all mining as herein defined shall be conducted in compliance with
the New York State Mined Land Reclamation Law, Article 23 of the Environmental
Conservation Law. There shall be a minimum 75 foot setback from all
property boundaries within which no mining activity may be conducted.
Except as otherwise provided herein, the lawful
use of any building, structure or use of land existing at the time
of the adoption of this chapter or amendment thereof may be continued,
although such use does not conform with the provisions for the district
in which it is situated.
A.
Unsafe buildings. Any nonconforming building or portion
thereof declared unsafe by the Town Board may be restored to a safe
condition.
B.
Repair and restoration. Any nonconforming building
or portion thereof may be repaired or restored if partially or totally
destroyed other than by deliberate act of the owner. Any such repair
or restoration, however, shall be to reestablish the same nonconforming
use. Additionally, the dimensions of the repaired or restored building
shall not exceed, unless approved by the Planning Board, those of
the original building. In no case shall the front, side and rear yard
dimensions of the repaired or restored building be less than those
of the destroyed building.
[Amended 7-19-2004 by L.L. No. 6-2004]
C.
Abandonment.
(1)
Once abandoned, a nonconforming building, structure
or use of land shall not be reestablished unless such reestablishment
is approved by the Zoning Board of Appeals. When reviewing an application
for the reestablishment of an abandoned nonconforming use, the Zoning
Board of Appeals shall employ the criteria necessary for the granting
of a use variance.
(2)
Abandonment shall be deemed to occur when a nonconforming
building, structure or use of land has been continuously vacated for
two years or longer.
D.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
E.
Alteration and extension. A nonconforming use of any
building, structure or land shall not be enlarged or extended, unless
as set forth in this section, and no nonconforming building or part
thereof shall be altered, unless the altered or enlarged portion shall
be changed to a condition and use permitted by this chapter.
(1)
Any nonconforming use may be extended throughout any
part of a building which was arranged or designed for such use at
the time of the adoption of this chapter or amendment thereof, and
the natural production use of any lot being made on the date of this
chapter or amendment thereof may be extended throughout said lot.
(2)
A nonconforming building, structure or use of land
may be changed to another nonconforming use which, in the opinion
of the Planning Board, is of the same or less intensive classification.
(3)
In considering requests for changing one nonconforming
use to another, the Planning Board shall consider the need for the
requested change, its impact on adjacent properties and the ability
of the lot to accommodate the proposed change. The Planning Board
may require reasonable conditions to be made part of the approval
of the requested change.
[Added 8-10-1998 by L.L. No. 1-1998]
A.
Purpose. The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Saratoga; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunication towers
in the community by encouraging shared use of existing and future
towers, and the use of existing tall buildings and other high structures;
and to minimize adverse visual effects from telecommunication towers
by requiring careful siting, visual impact assessment, and appropriate
landscaping.
B.
Application of special permit regulations.
(1)
No telecommunication tower, except those approved
prior to the effective date of this section, shall be used unless
in conformity with these regulations. No telecommunication tower shall
hereafter be erected, moved, reconstructed, changed or altered unless
in conformity with these regulations. No existing structure shall
be modified to serve as a telecommunication tower unless in conformity
with these regulations.
(2)
Applicants proposing to collocate on a previously approved telecommunication tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection C of this section. The Planning Board may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
The regulations shall apply to all property within the Rural Zoning District. Telecommunication towers shall be specifically excluded from all other zones. However, shared use of existing tall structures, as defined in, and regulated by, Subsection C will be permitted in all zoning districts.
(4)
Applicants for construction of new telecommunication
towers shall comply with the Code of Federal Regulations pertaining
to objects affecting navigable airspace as delineated within Federal
Aviation Regulations (FAR) Part 77. Additionally, no application for
construction of a new telecommunication tower will be approved if
the proposed tower violates the criteria for obstructions to air navigation
as established by FAR Part 77 Subpart C, Obstruction Standards.
C.
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example municipal water towers, multistory buildings, church steeples, farm silos, etc.), and existing or approved towers [see Subsection B(2) above], shall be preferred to the construction of new towers.
(1)
An applicant proposing to share use of an existing
tall structure shall be required to submit:
(a)
A completed application for a special permit,
together with an application fee in the amount of $5,000.
[Amended 5-14-2007 by L.L. No. 1-2007]
(b)
Documentation of intent from the owner of the
existing facility to allow shared use.
(c)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(d)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure, and explaining what modifications, if
any, will be required in order to certify to the above.
(e)
A completed short EAF and a completed visual
EAF addendum.
(f)
A copy of its Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits completed and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through T below.
D.
New telecommunication tower. The Board may consider
a new telecommunication tower when the applicant demonstrates that
shared use of existing or approved towers is impractical. An applicant
shall be required to present an adequate report inventorying all existing
tall structures and existing or approved towers within a reasonable
distance of the proposed site. This distance shall be determined by
the Board in consultation with the applicant. The report shall outline
opportunities for shared use of these existing facilities as an alternative
to a proposed new tower. The report shall demonstrate good faith efforts
to secure shared use from the owner of each existing tall structure
and existing or approved tower as well as documentation of the physical,
technical and/or financial reasons why shared usage is not practical
in each case. Written request and responses for shared use shall be
provided.
E.
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures, and existing or approved towers, is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of Subsections G through T below.
F.
New tower at a new location. The Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in Subsection D above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunication tower shall be subject to the requirements of Subsections G through T below.
G.
New towers: future shared use. The applicant shall
design a proposed new telecommunication tower to accommodate future
demand for reception and transmitting facilities. The applicant shall
submit to the Board a letter of intent committing the owner of the
proposed new tower, and his/her successors in interest, to negotiate
in good faith for shared use of the proposed tower by other telecommunications
providers in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. The letter shall
commit the new tower owner and his/her successors in interest to:
(1)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity, and depreciation,
and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
H.
Site plan review: submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with § 400-32B and this section. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit
a complete short EAF, a complete visual environmental assessment form
(visual EAF addendum), and documentation on the proposed intent and
capacity of use as well as a justification for the height of any tower
and justification for any clearing required. The applicant shall also
submit a copy of its Federal Communications Commission (FCC) license.
I.
Lot size and setbacks. All proposed telecommunication
towers and accessory structures shall be located on a single parcel
and shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on-site all ice-fall or debris
from tower failure and preserve the privacy and safety of any adjoining
residential properties.
(1)
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If
the land is to be leased, the entire area required shall be leased
from a single parcel unless the Board determines that this provision
may be waived.
(2)
Telecommunication towers shall comply with all existing
setback requirements of the underlying zoning district, or shall be
located with a minimum setback from any property line equal to the
height of the tower, whichever is greater. Accessory structures shall
comply with the minimum setback requirements in the underlying zoning
district.
J.
Visual impact statement. The Board may require the
applicant to undertake a visual impact assessment which may include:
(1)
A "Zone of Visibility Map" shall be provided in order
to determine locations where the tower may be seen.
(2)
Pictorial representation of "before and after" views
from key viewpoints both inside and outside the Town, including, but
not limited to: state highways and other major roads, state and local
parks, other public lands, preserves and historic sites normally open
to the public, and from any other location where the site is visible
to a large number of visitors or travelers. The Board shall determine
the appropriate sites at a presubmission conference with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
K.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(3)
The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature, in accordance with municipal, state, and/or federal
law and/or regulation. The Board, at its discretion, may modify this
requirement if the applicant can justify the need to exceed this height
limitation.
(4)
The Board may require a review of the application
by a qualified engineer in order to evaluate the need for, and the
design of, any new tower. The cost of this review shall be borne by
the applicant.
(5)
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
(6)
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including, but not
limited to, company name, phone numbers, banners and streamers.
L.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to the approval of the special permit.
M.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
N.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the top of fill, the top of cuts,
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
O.
Parking. Parking shall be provided to assure adequate
emergency and service access. The Board shall determine the number
of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard.
P.
Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the Board. This requirement may be waived by the Board if the applicant
demonstrates that such measures are unnecessary to ensure the security
of the facility.
Q.
Lighting. There shall be no lights placed on the tower,
either steady or flashing, unless such lighting is required by Federal
Aviation Administration regulations. Lighting, if required, shall
be at a minimum and according to the least intrusive design.
R.
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIV.
S.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed, and to facilitate the
possibility of directing that an existing tall structure or existing
telecommunication tower in a neighboring municipality is considered
for shared use, and to assist in the continued development of County
911 services, the Board shall require that:
(1)
An applicant who proposes a new telecommunication
tower shall notify in writing the legislative body of each municipality
that borders the Town of Saratoga, the Saratoga County Planning Board,
and the Director of the Saratoga County Emergency Services. Notification
shall include the exact location of the proposed tower, and a general
description of the project, including, but not limited to, the height
of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted
to the Board at the time of the application.
T.
Notification of nearby landowners. The applicant shall
be required to mail notice of the public hearing directly to all landowners
whose property is located within 500 feet of the property line of
the parcel on which a new tower is proposed. Notice shall also be
mailed to the administrator of any state or federal parklands from
which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this
notification shall be submitted to the Board prior to the public hearing.
[Added 5-22-2003 by L.L. No. 1-2003[1]]
A.
Purpose and intent.
(1)
The purpose of this regulation is to implement the
recommendations in the Town of Saratoga 2002 Comprehensive Land Use
Plan. This regulation is a guideline to the eligibility, design, review
and approval process for developments that preserve open land, reduce
sprawl, enhance visual character, and practice environmental conservation.
It is intended to permit flexibility and creativity for continued
residential growth. Proper implementation should also enhance property
values. Conservation subdivision development is the preferred technique
when requesting approval of a subdivision.
(2)
It is the intent of this regulation to provide residential
developments that respect, conserve and enhance current topography,
natural habitats, forests, hydrological, archeological, historical
and visual features of the Town. In the implementation of this regulation,
primary consideration will be focused on the preservation of forest
lands, open space and viable farmland. This approach, conservation
subdivision design, is also intended to provide a means for diversity
of housing that includes low-, middle- and upper-income residential
communities.
B.
BASE DENSITY
BUILDABLE LAND
CONSERVATION SUBDIVISION DESIGN
COMMUNITY OPEN SPACE
GREEN SPACE
IMPERVIOUS COVER
NATURAL CONDITION
OPEN SPACE
OPEN SPACE DEVELOPMENT
UNBUILDABLE LAND
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The original density permitted under the property's zoning
district.
The total land area minus lands identified as unbuildable
(see definition).
Lot clustering that provides a flexible density-neutral approach
for a fair and equitable way to balance conservation and development
objectives.
The area of open space remaining after natural open space
has been designated. The area may be used for passive or active recreation
for stormwater management.
Open space maintained in a natural, undisturbed or revegetated
condition.
Any surface in the urban/suburban landscape that cannot effectively
absorb or infiltrate rainfall.
The topography and vegetation of an area that is unaltered
by clearing and grading during construction and protected in perpetuity.
A portion of a development site that is permanently set aside
for public or private use and will not be developed. Open space may
be used as community open space or preserved as green space.
A development pattern that arranges the layout of buildings
in a compact area of the site so as to reserve a portion of the site
for community open space or green space and is protected in perpetuity.
The area of a site that includes wetlands and submerged area,
slopes of 25% or more, and the one-hundred-year floodplain.
C.
Requirements for eligibility. Conservation subdivision development (CSD) will be permitted wherever practical in the zoning districts listed in Subsection C(3) below. As such, review and permit authority is through the Planning Board.
(1)
Number of lots. CSD is the preferred method of subdivision
for all projects that propose more than four residential lots on 10
acres or more.
(2)
Minimum parcel size. The minimum parcel size for CSD
shall be 10 acres or greater of buildable lands.
(3)
Zoning districts. CSD is the preferred method of subdivision
in the Rural District, Rural District 2, and Rural Residential Zoning
Districts.
D.
Procedural elements.
(1)
Each step of the design process must be discussed
and approved by the Planning Board with fees paid prior to the presentation
of the preliminary design. Additional costs for experts needed by
the Planning Board may also be levied if the developer is made knowledgeable
of the action.
(2)
Submittal requirements. A preapplication review meeting is strongly encouraged. The primary purpose of this meeting is to introduce the potential applicant to the intent of the standards and procedures of this section. Subsections E, F, G and H describe the specific dimensional requirements, design process, design standards, and ownership, use and maintenance of open space.
(a)
Conceptual and preliminary subdivision plans.
[1]
Conceptual subdivision plan. The developer must
meet with the Planning Board to discuss the proposed development and
should do so before expending significant engineering funds. Materials
needed for the discussion must include:
[a]
Site context map, which illustrates
the parcel in relation to its surrounding neighborhood. This map should
be to scale and show various kinds of major natural resource areas
or features, particularly if they cross parcel lines or adjoining
lands.
[b]
Site analysis map, which locates
and describes noteworthy resources that should be protected. This
map identifies topography, boundaries, intended density and the location
of special resources and features. Special resources and features
include unbuildable areas such as wetlands, one-hundred-year floodplains
and steep slopes greater than 25%, mature woodlands, hedgerows, farmland,
unique or special wildlife habitats, historic, archeological or cultural
features, vistas, unusual geologic formations, and scenic views onto
and off of the parcel. Water bodies, significant or endangered plant
life (where readily definable), and probable soil composition should
also be identified on the site analysis map.
[c]
Alternative layouts for the proposed
development, which consider that a minimum of 50% of the buildable
property will be set aside as open space.
[2]
Preliminary subdivision design plan. The preliminary
design is a formalization of the conceptual design and must be done
by a certified landscape architect or professional engineer. It should
have been developed in the following manner:
[a]
Verify the extent of conservation
areas regulated by law, such as floodplains and wetlands. Graphically
represent the secondary limitations imposed by this regulation identified
in the site analysis map.
[b]
Identify common recreational space,
including proposed improvements such as trails.
[c]
Locate the housing sites in a fashion
that respects the intent of this section, plus delineates the private
yards and shared amenities so as to provide a rational integrated
community.
[d]
Align the streets and community
pathways to properly connect the previously established residential
sites.
[e]
Draw property lines so that no
property is less than one-half an acre, unless both municipal sewer
and water are available.
[f]
Identify the projected price range
for individual properties and residences.
[3]
This approach is recommended and is understood to be somewhat iterative. Development of septic systems, roads, sidewalks and stormwater control must meet the Town standards. When planning for stormwater control and on-site septic systems, the community may use access to certain areas of the restricted lands if these lands are restored to the predevelopment condition. Specific design standards for the conservation subdivision development are described in Subsections E through H.
(b)
The final subdivision design plan represents
the projects' final submittal and should contain the final, detailed
engineering drawings of the agreed-upon subdivision design. The plan
must include standard notations, plot plan, buildable areas for residences,
restricted conservation lands, circulation roadway/pathway designs,
stormwater control measures, landscaping, septic system designs, soil
examination test results, water quality reports, and water quantity
estimates.
(c)
Residential cluster subdivisions (including
CSDs) shall be approved by the Planning Board simultaneous with their
approval of the subdivision plat pursuant to the Town of Saratoga
Subdivision Regulations or its replacement or update. A public hearing
shall be held prior to rendering a decision.
E.
Dimensional requirements.
(2)
The Planning Board encourages applicants to modify
lot size, shape, and other dimensional requirements for lots within
a CSD, subject to the following limitation:
(a)
At least 50% of the required setbacks for the
district shall be maintained in the CSD unless the Planning Board
otherwise authorizes a reduction.
F.
Design process. At the time of the application for a special permit for CSD in conformance with Subsection D(1), applicants are required to demonstrate to the Planning Board that the following design process was performed by a certified landscape architect and considered in determining the layout of proposed streets, house lots, and open space.
(1)
Step One: Identifying Conservation Areas. Identify
preservation land by two steps. First, primary conservation areas
(such as wetlands, riverfront areas, and floodplains regulated by
state or federal law) and secondary conservation areas (including
unprotected elements of the natural landscape such as steep slopes,
mature woodlands, prime farmland, meadows, wildlife habitats and cultural
features such as historic and archeological sites and scenic views)
shall be identified and delineated. Second, the potentially developable
area will be identified and delineated. To the maximum extent feasible,
the potentially developable area shall consist of land outside identified
primary and secondary conservation areas. Because the design process
intends to maximize the intrinsic value of a parcel of land, the house
sites are located before the roads are laid out, ensuring that the
former will dictate the latter and not vice versa. Therefore, emphasis
is placed on principles of good landscape design and not solely engineering.
(2)
Step Two: Locating House Sites. Locate the approximate
sites of individual houses within the potentially developable area
and include the delineation of private yards and shared amenities,
so as to reflect an integrated community, with emphasis on consistency
with the Town's historical development patterns. The number of homes
enjoying the amenities of the development should be maximized.
(3)
Step Three: Aligning the Streets and Trails. Align
streets in order to access the house lots. Additionally, new trails
should be laid out to create internal and external connections to
existing and/or potential future streets, sidewalks, and trails.
(4)
Step Four: Lot Lines. Draw in the lot lines.
G.
Design standards. The following design standards shall
apply to all CSDs and shall govern the development and design process:
(1)
Open space. A minimum of 50% of the tract shown on
the development plan shall be open space. Any proposed open space,
unless conveyed to the Town, shall be subject to a recorded restriction
enforceable by the Town.
(2)
All open space shall be designed to add to the visual
amenities of the area by maximizing its visibility for persons passing
the site or overlooking it from nearby properties, providing that
such land shall be perpetually kept in an open state, that it shall
be preserved exclusively for the purposes set forth herein, and that
it shall be maintained in a manner which will ensure its suitability
for its intended purposes.
(3)
Lands that are not usable for the purposes of calculating
density are not usable for the purposes of calculating open space.
(4)
The open space shall be contiguous. "Contiguous" shall
be defined as being connected. Open space will still be considered
connected if it is separated by a roadway or an accessory amenity.
The Planning Board may waive this requirement for all or part of the
required open space where it is determined that allowing noncontiguous
open space will promote the goals of this section and/or protect identified
primary and secondary conservation areas.
(5)
The landscape shall be preserved in its natural state,
insofar as practicable, by minimizing tree and soil removal. Any grade
changes shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, and natural drainageways shall be treated as fixed determinants
of road and lot configuration rather than as malleable elements that
can be changed to follow a preferred development scheme.
(6)
Streets shall be designed and located in such a manner
as to maintain and preserve natural topography, significant landmarks,
and trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel.
(7)
The removal or disruption of historic, traditional
or significant uses, structures, or architectural elements shall be
minimized insofar as practicable, whether these exist on the site
or on adjacent properties.
(8)
Clustered lots should be separated from active farmland
by vegetated buffer strips of 75 feet to 100 feet wide.
(9)
Walkways and bicycle paths shall be provided to link
residences with parking areas, recreation facilities (including parkland
and open space) and adjacent land uses where appropriate.
|
ILLUSTRATION OF CONSERVATION VS CONVENTIONAL
SUBDIVISION DESIGN
Source: Arendt
| |
 |
H.
Ownership, use, and maintenance of open space.
(2)
The open space shall be used for wildlife habitat
and conservation, historic preservation, education, outdoor education,
recreation, park purposes, agriculture, horticulture, forestry, or
a combination of these uses, and shall be served by suitable access
for such purposes. Wastewater and stormwater management systems serving
the CSD may also be located within the open space.
|
ILLUSTRATION OF A CONSERVATION SUBDIVISION DESIGN
Source: Forth & Van Dyke
| |
 |
[1]
Editor's Note: This local law also repealed
former Art. IV, Sec. 8, Cluster development, added 8-10-1998 by L.L.
No. 3-1998.
[Added 3-13-2006 by L.L. No. 1-2006]
A.
Requirements for building permit. The applicant for
a building permit for new construction must either be within an established
New York State Department of Environmental Conservation approved water
service area and have a water main extension agreement or have evidence
of a valid water contract with a water company or evidence of the
potability and availability of water from a well. The well, therefore,
must be drilled, driven, or dug, and proven and tested prior to issuance
of a building permit for any structure.
B.
Regulations for residential water wells.
(1)
General. A private water supply well to serve an individual
lot shall be developed and tested in accordance with Appendix 5-B
of the Regulations of the New York State Department of Health (as
approved November 23, 2005, or as thereafter amended), and all New
York State Department of Environmental Conservation and New York State
Department of Health standards.
(2)
Types of water supply. Studies show that drilled wells
are less likely to become contaminated, so drilled wells are the most
preferred. Driven wells may also be acceptable if prevalent soil conditions
make their use feasible. Dug wells will be allowed if it is an adequate
supply and the well design and installation are certified by a qualified
licensed professional.
(3)
Quantity requirements. All wells shall be tested for
yield and drawdown for at least a four-hour stabilized duration by
a certified National Groundwater Association well driller, qualified
hydrogeologist or qualified licensed professional, and a minimum sustaining
well yield of five gallons per minute shall be obtained. The testing
shall also document minimal well interference with existing wells
within 200 feet of the proposed well. Wherever five gallons per minute
cannot be obtained, well interference is evident, or the area is known
or suspected of having low-yielding wells, all proposed water supply
systems shall be designed by a certified National Groundwater Association
well driller or qualified licensed professional, and the required
testing shall follow the guidelines below.
(a)
For a one-family home on an individual lot or
any residential subdivision, a four-hour stabilized water drawdown
pump test shall be run by a certified National Groundwater Association
well driller or supervised by a qualified licensed professional or
qualified hydrogeologist. Said test shall yield a minimum of two gallons
per minute to demonstrate a minimally adequate yield and have sufficient
storage as designed by a certified National Groundwater Association
well driller or a qualified licensed professional. The well casing
may not be considered part of storage. The well pump shall be sized
or restricted to pump no more than the stabilized well flow rate.
(4)
Quality requirements. Compliance with drinking water
standards shall be established by examination of samples submitted
to a laboratory approved for such purpose by the State Commissioner
of Health. The sample must test negative for any amount of coliform
bacteria.
[Added 10-11-2006 by L.L. No. 7-2006]
A.
Definitions.
(1)
For the purposes of this section, an "adult use business"
shall be defined as any business which:
(a)
Is the use of land, structures or location for
an adult entertainment business or as an adult physical contact establishment
as herein defined; and .
(b)
Is any use of land, structure or location which,
by the provisions of the New York Penal Law or other New York law,
is required to restrict the access thereto by minors; and
(c)
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; and
(d)
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
cable television or any other such visual media, or used for presenting,
lending or selling books, magazines, publications, photographs or
any other written materials distinguished or characterized by an emphasis
on matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below.
(2)
Adult use businesses. Adult use businesses, including
adult bookstores, adult video stores, adult motion-picture theaters,
adult mini-motion-picture theaters, adult cabarets, and adult drive-in
theaters, shall be defined as follows:
(a)
An "adult bookstore" is defined as an establishment
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or
relating to specific sexual activities or specific anatomical areas
as defined below.
(b)
An adult video store is defined as an establishment
having as a substantial or significant portion of its stock-in-trade
video films, videocassettes or other films for sale or rental which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas as defined below.
(c)
An adult motion-picture theater is defined as
a building with a capacity of 50 persons or more used for presenting
material distinguished or characterized by its emphasis on matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined below for the observation of
patrons therein.
(d)
An adult mini-motion picture theater is defined
as an enclosed building with a capacity of less than 50 persons used
for presenting material distinguished or characterized by its emphasis
on matter depicting, describing or relating to specific sexual activities
or specific anatomical areas as defined below for the observation
of patrons therein.
(e)
An adult cabaret is defined as an establishment
which features live go-go dancers, exotic dancers, strippers, male
or female, male or female impersonators or similar entertainers whose
performances are characterized by partial or full nudity.
(f)
An adult drive-in theater is a drive-in theater
utilized for the presentation of materials distinguished or characterized
by their emphasis on matter depicting, describing or relating to specific
sexual activities or specific anatomical areas as defined below for
the observation of patrons therein.
(g)
An adult physical contact establishment is defined
as any establishment which offers or purports to offer massage or
other physical contact to patrons of either gender by employees or
staff of either gender. Medical offices, offices of persons licensed
or authorized under the Education Law to practice massage therapy,
offices of persons licensed or otherwise authorized by the Education
Law as a physical therapist or physical therapist assistant and electrolysis,
karate, judo and dance studios are not to be considered adult physical
contact establishments under this section.
B.
Location in Rural Zoning District. Adult use businesses may be located only in the Rural Zoning District upon issuance of a special permit. The area requirements for an adult use business shall be as set forth in Article IX.
C.
Locational requirements.
(1)
No adult use business shall be established within
1,000 feet of any of the following:
(a)
Public or private school.
(b)
Church or other house of worship.
(c)
Licensed day-care center, nursery school or
preschool.
(d)
Public library.
(e)
Public park, playground or forest preserve.
(f)
Public recreation or community center.
(g)
Senior center.
(h)
A fire station or ambulance/emergency response
facility.
(i)
Cemetery.
(2)
No adult use business shall be established within
1,000 feet of any residential dwelling, or within 1,000 feet of any
other adult use business.
(3)
Any private booths or areas within such adult use
businesses, either for the viewing of motion pictures or live performances,
shall be subject to the following requirements:
(a)
Any and all such booths, cubicles, studios,
studies and rooms for the private viewing of adult motion pictures
and/or live performances or areas shall be open to public view from
the common areas of the establishment and there shall not be any doors,
curtains, blinds or other structures or devices that shall obstruct
observation of the viewing areas from the common area of the establishment.
(b)
Such private viewing areas shall be well lighted
and readily accessible at all times and shall continuously be open
to view.
(c)
Lighting throughout the adult establishment
shall be sufficient to illuminate every area to which patrons are
permitted access.
(4)
All adult use business shall be conducted in an enclosed
building. It shall be a violation to display or exhibit in the open
air (outside of the establishment), through a window, or by means
of a depiction or decoration, or to allow to be displayed or exhibited,
any specified anatomical areas or specified sexual activities.
(5)
The exterior appearance of any building containing
an adult use business shall be consistent with the character of surrounding
structures and shall not detract from the appearance of the neighborhood.
(6)
Adult use businesses shall conform with all existing
applicable sign regulations in addition to the following specific
requirements:
(a)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements
which contain nude, semi-nude or provocative pictures or silhouettes
shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements
which contain nude, semi-nude or provocative pictures shall be located
a minimum of six feet from any window or door, and shall not be visible
from the exterior of the establishment.
(d)
Permanent and/or temporary window and door signs
shall not occupy more than 20% of each window or door.
(7)
Adult use businesses shall be required to meet all
zoning and construction standards and requirements of the laws of
the Town of Saratoga, including, but not limited to, lot and bulk
regulations, parking requirements, signage, facade and screening regulations.
D.
Application procedure. An application for an adult use business shall be considered an application for a special use permit and the procedures shall be the same as set forth in Article VIII of this chapter. The application fee shall be $1,000. All requirements of this section shall apply to such applications. Special use permits for adult use businesses shall be effective for a period of one year only and must be annually renewed upon application to the Town of Saratoga Planning Board.
E.
Violations. The violation of this section shall be
a Class A misdemeanor. In addition, any person violating this section
shall be liable to a civil penalty of $1,000 to be recovered by the
Town in a civil action or special proceeding. Each day such violation
continues shall constitute a separate violation of this section. The
Town may also maintain an action or special proceeding for an injunction
or other equitable relief to compel compliance with, or to restrain
the violation of this section. The use of any remedy shall not prevent
the use of any other remedy hereafter.
[Added 4-14-2008 by L.L. No. 3-2008]
A.
Purpose. For the purpose of protecting the general
public of the Town of Saratoga and properties adjacent to wind energy
conversion systems (WECS) from indiscriminate placement, and related
health and safety problems, the following rules and regulations shall
apply.
B.
Definitions. See Appendix A.
C.
Regulations. Noncommercial WECS shall be allowed by
special use permit in any zoning district; commercial WECS are a prohibited
use in all zoning districts of the Town. All WECS shall conform to
the following regulations.
D.
Application. An applicant for a special use permit for a WECS shall submit a site plan to the Planning Board, which meets the requirements of § 400-32, together with an application fee of $200. In addition, the following information shall be submitted and prepared:
(1)
A site plan drawn in sufficient detail to show
the following:
(a)
Location of the tower(s) on the site and the
tower height, including blades, rotor diameter and ground clearance.
(b)
Utility lines, both above and below ground,
within a radius equal to the proposed tower height, including blades.
(c)
Property lot lines and the location and dimensions
of all existing structures and uses on site within 500 feet of the
system.
(d)
Surrounding land use and all structures within
500 feet of the WECS location.
(e)
Dimensional representation of the various structural
components of the tower construction, including the base and footing.
(f)
Design data indicating the basis of design,
including manufacturer's dimensional drawings and installation and
operation instructions.
(g)
For any tower exceeding 50 feet in height (not
including blades), certification by a registered professional engineer
or a manufacturer's certification that the tower design is sufficient
to withstand wind-load requirements for structures as established
by the New York State Uniform Fire Prevention and Building Code.[1]
(2)
A short-form EAF shall be required for a noncommercial
WECS.
E.
Setback. The minimum required setback for any WECS
tower (except for a vertical axis WECS) from property lines, overhead
utility lines, or other WECS shall be equal to 1.5 times the proposed
structure height, including blades. The minimum setback for a vertical
axis WECS shall be the overall height of the WECS plus 10 feet.
[Amended 10-12-2011 by L.L. No. 3-2011]
F.
Noise. WECS towers shall be properly maintained and
operated at all times and shall be located with relation to property
lines so that the noise produced during operation shall not exceed
50 dbA, measured at the boundaries of all contiguous parcels that
are owned by nonsite owners.
G.
Electromagnetic interference. WECS generators and
alternators shall be properly filtered and/or shielded in order to
avoid electromagnetic interference and shall comply with the rules
and regulations of the Federal Communications Commission contained
in 47 CFR Parts 15 and 18.
H.
Safety.
(1)
No WECS shall be permitted that lack an automatic
braking, governing, or feathering system to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and turbine components.
(2)
The minimum distance between the ground and
any part of the rotor blade system shall be 30 feet, except in the
case of a roof-mounted WECS.
(3)
The permittee shall meet all FAA requirements
as to lighting.
(4)
For a vertical axis WECS, the minimum distance between the ground
and any part of the rotating blades or rotor cage shall be 12 feet,
except in the case of a roof-mounted unit.
[Added 10-12-2011 by L.L. No. 3-2011]
I.
Height.
(1)
Noncommercial WECS shall not exceed a total
height of 100 feet, including rotor blade.
(2)
A vertical axis WECS shall not exceed a total height from the ground
of 50 feet overall, including the rotor blades or rotor cage. This
overall height limitation shall also apply to roof-mounted units.
[Added 10-12-2011 by L.L. No. 3-2011]
J.
Visual. The Planning Board in its discretion may require
the applicant to undertake a visual impact assessment. This may include
such maps, photos, computer-enhanced photos, or other materials as
are reasonably necessary to assist the Board in evaluating visual
impact. No individual WECS shall be installed at any location which,
in the opinion of the Board, would substantially detract from or block
the view from a scenic vista or scenic corridor.
K.
Aesthetics. No advertising signs or language may appear
on any WECS tower or blade. A WECS shall be painted in neutral colors
only.
L.
Abatement.
If any WECS remains inoperative for a continuous period of 12 months,
the owner shall remove said system within 60 days upon notice by the
Town of Saratoga Code Enforcement Officer. Such removal shall include
at least the entire aboveground structures from the property.
[Added 10-12-2011 by L.L. No. 3-2011]
[Added 3-8-2010 by L.L. No. 1-2010]
A.
CAMPING GROUNDS
CAMPSITE
GROSS SITE AREA
POTABLE WATER
RECREATIONAL VEHICLE
SEWAGE
UNUSABLE LAND
USEABLE LAND
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A parcel or tract of land including buildings or other structures
where five or more campsites are available for temporary overnight
occupancy.
A portion of a campground, with or without connections to
water supply, electrical service or sewage systems, used by one camping
unit.
The area of land contained within the boundaries or property
lines of a parcel of land, including wetlands, submerged area and
steep slopes. Gross site area is used for calculating usable density.
Water fit for human consumption, food preparation, culinary,
lavatory, bathing and laundry purposes.
A vehicular camping unit primarily designed as temporary
living quarters for recreational camping, travel or seasonal use that
either has its own motive power or is mounted on or towed by another
vehicle. Recreational vehicles include, but are not limited to, camping
trailers, fifth wheel trailers, motor homes, travel trailers and truck
campers. These vehicles may also have electrical connections, showers
or other appliances.
Waste from a toilet, privy, bath, shower, sink, lavatory,
dishwashing or laundry machine or the water-carried waste from any
fixture or equipment or machine.
The area of a site that includes wetlands, submerged areas
and slopes of 25% or more.
The total land area of a gross site minus wetlands, submerged
areas, and slopes of 25% or more. For the purpose of calculating useable
land, wetland buffers, yard setbacks, buffer areas, roads, recreational
areas and parking shall be included.
B.
Camping grounds may be allowed as a special permitted use in the
Rural, Rural Residential, Lake Commercial and Conservancy Zoning Districts
upon approval of a special use permit by the Planning Board.
C.
Camping grounds shall be occupied by recreational vehicles (as defined
herein) and tents suitable for temporary habitation and used for travel,
vacation and recreation purposes. No permanent external appurtenances
such as carports, cabanas or patios may be attached to any recreational
vehicle parked in a camping ground, and the removal of wheels and
placement of a unit on a foundation in a camping ground is prohibited.
No recreational vehicle in excess of 40 feet in length shall be permitted
in any camping ground.
D.
Minimum gross site area shall be 10 acres. A thirty-foot no-camping-or-building
buffer zone shall be established around the perimeter of the camping
ground.
E.
Not more than a total of 10 travel trailers, recreational vehicles
or motor homes shall be permitted per acre of gross site area. Not
more than 25 tents or camper tents shall be permitted per acre of
gross site area.
F.
Site conditions. Conditions of soil, groundwater level, drainage
and topography shall not create hazards to the property or the health
or safety of the occupants. The site shall not be exposed to objectionable
smoke, noise, odors or other adverse influences, and no portion of
the camping grounds subject to flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property to
hazards.
G.
Accessory uses. Management headquarters, recreational facilities,
toilets, dumping stations, showers, coin-operated laundries and other
uses and structures customarily incidental to the operation of camping
grounds are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions:
(1)
Such establishments and the parking areas primarily related
to their operations shall not occupy more than 5% of the gross area
of the camping ground.
(2)
Such establishments shall be restricted in their use to occupants
of the camping ground.
(3)
Such establishments shall present no visible evidence from any
street outside the camping ground of their commercial character which
would attract customers other than occupants of the camping ground.
H.
Plans for sewage disposal and potable water supply shall be designed
in accordance with standards promulgated by the New York State Department
of Environmental Conservation and the New York State Department of
Health and a camping ground shall receive any needed approvals from
said agencies.
I.
J.
Parking. Adequate space for vehicle parking shall be provided so
as to accommodate two vehicles per camp site.
K.
Recreation facilities. A minimum of 10% of the gross site area for
the camping ground shall be set aside and developed as common use
areas for open or enclosed recreation facilities. No camp site, required
buffer strip, street right-of-way, storage area or utility site shall
be counted as meeting recreational purposes.
L.
Entrances and exits to camping grounds shall be designed for safe
and convenient movement of traffic into and out of the camping ground
and to minimize friction with movement of traffic on adjacent streets.
All traffic into or out of the camping ground shall be through such
entrances and exits. No entrance or exit shall require a turn at an
acute angle for vehicles moving in the direction intended, and radii
of curbs and pavements at intersections shall be such as to facilitate
easy turning movements for vehicles with trailers attached.
M.
Off-street parking and loading. In connection with use of any camping
ground, no parking, loading or maneuvering incidental to parking or
loading shall be permitted on any public street, sidewalk or required
buffer or right-of-way or any public grounds or on any private grounds
not part of the camping ground, unless the owner has given written
permission for such use. Each camping ground shall provide off-street
parking, loading and maneuvering space, located and scaled so that
the prohibitions above may be observed, and camping ground owners
shall be responsible for violations of these requirements.
N.
An adequate lighting system shall be provided for the camping ground.
O.
All utilities shall be underground.
P.
Not less than one covered twenty-gallon garbage receptacle shall
be provided for each camp site. Garbage and rubbish shall be collected
and disposed of as often as may be necessary to ensure sanitary conditions.
Alternatively, the operator may establish a central trash/recycling
center for use by occupants.
Q.
All applicable sanitation standards promulgated by the State of New
York shall be met.
R.
Any peace officer, building inspector, health officer or any authorized
representative of the Town of Saratoga shall have the right, at any
reasonable time, to enter any camping ground inspect all parts of
said park, but not the individual camping trailer, or tent located
therein, in order to assure compliance with this chapter and/or the
terms of any special permit issued by the Planning Board.
[Added 7-13-2015 by L.L.
No. 1-2015]
A.
For the addition of an accessory building apartment, it must be shown
either by the primary sanitary system as-built drawings or a field
investigation that the septic tank and the sanitary disposal field
have been sized adequately for the additional sanitary flow. If the
existing system does not meet the additional requirements, the existing
system may be expanded, including an adequately sized septic tank
and sanitary field, or a separate sanitary system may designed and
submitted to the Zoning Officer for the garage apartment for approval.
The provision for a 50% future expansion of the sanitary disposal
field must be provided.
B.
Notwithstanding any other provision, no building permit for the installation
of an accessory building apartment, the use of which requires the
disposal of sewage, shall be issued by the Zoning Officer until such
time as a proof of the existing sanitary system being sufficiently
sized for the additional number of bedrooms or a separate system is
submitted and accepted by the Zoning Officer.
C.
If a separate sanitary system is required;
(1)
All percolation tests shall be conducted in accordance with
the New York State Waste Treatment Handbook, Individual Household
Systems.
(2)
Should percolation tests result in a standard percolation test
rate greater than 30 minutes, or in a finding of bedrock at a depth
less than five feet, or groundwater at a depth of less than two feet
below the designated bottom of a proposed tile field, a conventional
in-ground septic system is not acceptable. In such instances, the
owner of said lot shall submit to the Zoning Officer a plan for an
alternative system. Such alternative system plan shall conform with
an alternative system outlined in the New York State Waste Treatment
Handbook, Individual Household Systems.
(3)
In the event an alternative system plan is required, no building
permit shall be issued by the Zoning Officer until the alternative
plan is approved by the Zoning Officer. If deemed appropriate, the
Zoning Officer and/or the applicant should consult with the New York
State Health Department on the best alternative system to be utilized.
D.
Water well. If the primary home water well has a sustained yield
below 5 gpm, a full day of enclosed water storage should be provided
per NYS DOH Individual Water Supply Wells - Fact Sheet #2.A 5 gpm
booster pump should deliver water from storage to the users through
a hydropneumatic tank. Any required treatment should occur prior to
storage at the low discharge rate of the well pump. A drilled well
containing at least 400 gallons of usable storage in the casing (i.e.,
from the static water level to four feet above the pump intake) and
having a well yield of 2 to 5 gpm may be equipped with a 5 gpm well
pump discharging directly to household plumbing through a hydropneumatic
tank (i.e., a separate storage day tank and booster pump are not necessary).
[Added 10-12-2016 by L.L.
No. 9-2016]
A.
Purpose. Because it is in the public interest to provide for and
encourage renewable energy systems and a sustainable quality of life,
the purpose of this section is to facilitate the development and operation
of renewable energy systems based on sunlight. Minor solar collection
systems are appropriate in all zoning districts when measures are
taken, as provided in this chapter, to minimize adverse impacts on
neighboring properties and protect the public health, safety and welfare.
Major solar collection systems are allowed only in the Rural and Rural
Residential Districts when measures are taken, as provided in this
chapter, to minimize adverse impacts on neighboring properties and
protect the public health, safety and welfare.
B.
MAJOR SOLAR COLLECTION SYSTEM
MINOR SOLAR COLLECTION SYSTEM
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but which also may be for on-site use. Major solar collection systems
consist of one or more freestanding ground- or roof-mounted solar
collector devices, solar-related equipment and other accessory structures
and buildings, including light reflectors, concentrators, heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities in which the total surface area
of all solar collectors exceeds 2,000 square feet. Major systems are
allowed only in the Rural and Rural Residential Zoning Districts of
the Town, except that roof mounted systems may also be allowed in
the Lake Residential and Lake Commercial Zoning Districts.
[Amended 1-9-2017 by L.L.
No. 1-2017]
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for collection, inversion, storage and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors of such system not
to exceed 2,000 square feet; roof- or building-mounted systems are
exempt. Minor collection systems are allowed in all zoning districts
of the town.
C.
Building permts for minor solar collection systems.
(1)
Rooftop and building-mounted solar collectors are permitted
in all zoning districts in the Town. Building permits shall be required
for installation of rooftop and building-mounted solar collectors.
(2)
Ground-mounted and freestanding solar collectors shall be permitted
as accessory structures in all zoning districts of the Town, subject
to the following additional requirements for a building permit:
(a)
The location of the solar collectors meets all applicable setback
requirements of the zone in which they are located.
(b)
The height of the solar collectors and any mounts shall not
exceed 15 feet in height above ground when oriented at maximum tilt.
(c)
The total surface area of all solar collectors on the lot shall
not exceed the percentage of lot coverage per zoning district when
combined with all other buildings and structures on the lot.
(d)
A building permit has been obtained for the solar collectors.
(e)
The solar collectors shall be located in a side or rear yard.
(f)
Solar collectors and other facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings or neighboring properties and roads.
(g)
Landscaped buffer shall be provided around all equipment and
solar collectors to provide screening from adjacent or neighboring
residential properties and roads.
(3)
The building permit review shall include review of the adequacy,
location, arrangement, size, design and general site compatibility
of proposed solar collectors.
(4)
All solar collector installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation instructions and industry standards, and prior to operation
the electrical connections must be inspected by the Town Code Enforcement
Officer or by an appropriate electrical inspection person or agency,
as determined by the Town. In addition, any connection to the public
utility grid must be inspected by the appropriate public utility.
(5)
When solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Saratoga County and other applicable
laws and regulations.
(6)
If a solar collector ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collector, mount and associated equipment and facilities
no later than 90 days after the end of the 12 month period.
D.
Special use permits for major solar collection systems.
(1)
Where applicable, and unless more restrictive regulations apply, the requirements of Article VIII of this chapter (Special Permitted Uses Regulations) shall also apply to installations for major collection systems.
(2)
Major systems shall be constructed pursuant to a special use
permit from the Town Planning Board and must meet the criteria set
forth below and obtain all other necessary approvals.
(3)
Areas of potential sensitivity:
(a)
One-hundred-year flood hazard zones considered a V or AE Zone
on the FEMA Flood Maps.
(b)
Historic and/or culturally significant resources in an historic
district or historic transition zone.
(c)
Within 100 feet landward of a freshwater wetland.
(d)
Adjacent to or within the control zone of any airport.
(4)
Major systems shall be permitted in the Rural and Rural Residential
Districts of the Town only when authorized by special use permit from
the Planning Board subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot,
including freestanding solar panels, shall not exceed the percentage
of lot coverage per zoning regulations per district.
(b)
Height and setback restrictions.
[1]
The maximum height for freestanding solar panels
located on the ground or attached to a framework located on the ground
shall not exceed 15 feet in height above the ground.
[2]
The minimum setback from property lines shall be
25 feet.
[3]
A landscaped buffer shall be provided around all
equipment and solar collectors to provide screening from neighboring
residential properties and roads.
(c)
Design standards.
[1]
Removal of trees and other existing vegetation
should be minimized or offset with planting elsewhere on the property.
[2]
Roadways within the site shall not be constructed
of impervious materials and shall be designed to minimize the extent
of roadways constructed and soil compaction.
[3]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[4]
Solar collectors and other facilities shall be
designed and located in order to prevent reflective glare toward any
inhabited buildings or neighboring properties and roads.
[5]
All electrical equipment, including any structure
for batteries or storage cells, shall be enclosed by a minimum six-foot-high
fence with a self-locking gate and provided with landscaping screening.
[6]
A major system to be connected to the utility grid
shall provide a "proof of concept" letter from the utility company
acknowledging that the major system will be connected to the utility
grid in order to sell electricity to the public utility.
(d)
Signs.
[1]
A sign that shall not exceed eight square feet
shall be displayed on or near the main access point and shall list
the facility name, owner and phone number.
[2]
A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
[3]
Disconnects are to be clearly marked.
(e)
Abandonment.
[1]
All applications for a major system shall be accompanied
by a decommissioning plan and associated bond to be implemented upon
abandonment, or cessation of activity, or in conjunction with removal
of the facility, prior to issuance of a building permit.
[2]
If the applicant begins but does not complete construction
of the project within 12 months after receiving final site plan and
special use permit approval, this may be deemed abandonment of the
project and require implementation of the decommissioning plan to
the extent applicable.
[3]
The decommissioning plan must ensure the site will
be restored to a useful, nonhazardous condition without delay, including,
but not limited to, the following:
[a]
Removal of aboveground and below-ground equipment,
structures and foundations.
[b]
Restoration of the surface grade and soil after
removal of equipment.
[c]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
[d]
The plan shall include a time frame for the completion
of site restoration work.
[4]
In the event that the facility is not completed
and functioning within 12 months of the issuance of the final site
plan and special use permit approval, the Town may notify the operator
and/or the owner to complete construction and installation of the
facility within 180 days. If the owner and/or operator fails to perform,
the Town may notify the owner and/or operator to implement the decommissioning
plan. The decommissioning plan must be completed within 180 days of
notification by the Town.
[5]
Upon cessation of activity of a constructed facility
for a period of one year, the Town may notify the owner and/or operator
of the facility to implement the decommissioning plan. Within 180
days of notice being served, the owner and/or operator can either
restore operation equal to 80% of approved capacity or implement the
decommissioning plan.
[6]
If the owner and/or operator fails to fully implement
the decommissioning plan within the one-hundred-eighty-day period,
the Town may, at its discretion, provide for the restoration of the
site in accordance with the decommissioning plan and may recover all
expenses incurred for such activities from the defaulted owner and/or
operator. The cost incurred by the Town shall be assessed against
the property, shall become a lien and tax upon the property, and shall
be enforced and collected with interest by the same officer and in
the same manner as other taxes.
