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:
(1) 
To accommodate or house a greater number of families;
(2) 
To occupy a greater percentage of lot area; or
(3) 
To have narrower or smaller rear yards, front yards or side yards than is specified herein for the district in which such building is located.
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. 
Said lots, however, shall comply with the following schedule for a one-family detached dwelling unit:
(1) 
Minimum lot area: 40,000 square feet.
(2) 
Minimum lot width: 200 feet.
(3) 
Minimum frontage: 200 feet.
(4) 
Yard dimensions:
(a) 
Front: 50 feet.
(b) 
Two sides: total 60 feet.
(c) 
One side: 25 feet.
(d) 
Rear: 50 feet.
(5) 
Maximum lot coverage: 10%.
B. 
Further subdivision shall comply with the schedule of regulations for the applicable zoning district.
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]
[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:
(a) 
There are no reasonable alternatives to the disturbance;
(b) 
The activity complies with the 11 standards for steep slopes [see Subsection D(8) below]; and
(c) 
No sewage disposal system or well component nor any pipes or other components used in their connection is located in or on steep slopes greater than 25%.
(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:
(1) 
Agricultural pursuits.
(2) 
Intermittent on-property stream fording and erosion-resistant culverts which are sized to the Highway Department specifications for the next downstream public road passing (or an engineer-approved design).
(3) 
Domesticated animal access to drinking water.
[Added 5-22-2003 by L.L. No. 1-2003]
A. 
Definition. As used in this subsection, “flag lot” shall be defined as set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
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:
(1) 
The first two-acre parcel: two large animals.
(2) 
Each additional acre over the initial two acres: one large animal per acre.
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.
(3) 
Assessment of alternative tower designs and color schemes, as described in Subsection K below.
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BASE DENSITY
The original density permitted under the property's zoning district.
BUILDABLE LAND
The total land area minus lands identified as unbuildable (see definition).
CONSERVATION SUBDIVISION DESIGN
Lot clustering that provides a flexible density-neutral approach for a fair and equitable way to balance conservation and development objectives.
COMMUNITY OPEN SPACE
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.
GREEN SPACE
Open space maintained in a natural, undisturbed or revegetated condition.
IMPERVIOUS COVER
Any surface in the urban/suburban landscape that cannot effectively absorb or infiltrate rainfall.
NATURAL CONDITION
The topography and vegetation of an area that is unaltered by clearing and grading during construction and protected in perpetuity.
OPEN SPACE
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.
OPEN SPACE DEVELOPMENT
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.
UNBUILDABLE LAND
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.
[d] 
A written discussion of how the developer has addressed the intent of this section as stated in Subsection A.
[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.
(1) 
Minimum lot sizes in clustered subdivisions are set at the following levels:
[Amended 7-19-2004 by L.L. No. 6-2004]
(a) 
Lots with municipal sewer and water: 20,000 square feet.
(b) 
Lots with municipal sewer: 30,000 square feet.
(c) 
Lots with on-site sewer and water: 40,000 square feet.
(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.
(1) 
Ownership and maintenance of open space lands shall occur under the following conditions:
(a) 
Through a homeowners' association; or
(b) 
Conveyed to the Town with the approval of the Town Board; or
(c) 
Held by the developer; or
(d) 
Another ownership as approved by the Town Board.
(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 Town will follow NYS DOH Part 5, Subpart 5-1, standards for water wells when referencing well casing storage. The well pump shall be sized or restricted to pump no more than the stabilized well flow rate.
[Amended 4-8-2024 by L.L. No. 2-2024]
(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.
(3) 
Specified sexual activities:
(a) 
Human genitals in a state of sexual stimulation or arousal; or
(b) 
Acts of human masturbation, sexual intercourse or sodomy; or
(c) 
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
(4) 
Specified anatomical areas:
(a) 
Less than completely and opaquely covered human genitals: pubic region, buttock and female breast below a point immediately above the top of the areola; or
(b) 
Human male genitals in a discernable turgid state, even if completely or opaquely covered.
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]
[1]
Editor's Note: See Ch. 199, Construction Codes, Uniform.
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAMPING GROUNDS
A parcel or tract of land including buildings or other structures where five or more campsites are available for temporary overnight occupancy.
CAMPSITE
A portion of a campground, with or without connections to water supply, electrical service or sewage systems, used by one camping unit.
GROSS SITE AREA
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.
POTABLE WATER
Water fit for human consumption, food preparation, culinary, lavatory, bathing and laundry purposes.
RECREATIONAL VEHICLE
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.
SEWAGE
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.
UNUSABLE LAND
The area of a site that includes wetlands, submerged areas and slopes of 25% or more.
USEABLE LAND
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. 
Streets.
(1) 
Streets in camping grounds shall be private but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:
(a) 
One-way, no parking: 12 feet.
(b) 
One-way with parking on one side or two-way with no parking: 18 feet.
(c) 
Two-way with parking on one side: 27 feet.
(d) 
Two-way with parking on both sides: 34 feet.
(2) 
Streets shall also be laid out in such manner as to provide safe and adequate access by emergency vehicles.
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; amended 6-24-2025 by L.L. No. 1-2025]
A. 
Title. This section shall be known as the "Solar Energy Facilities Law" and shall repeal and replace § 400-16.4 of the Town of Saratoga Town Code entitled "Solar Collection Systems." Local Law No. 1 of the year 2025.
B. 
Purpose. The purpose of this section shall be to provide for the siting, development and decommissioning of solar energy systems subject to reasonable conditions to reduce potential impacts on adjoining properties, while promoting the effective and efficient use of solar energy resources. The Town finds that well-planned and suitably located solar energy systems can be beneficial. This law seeks to foster, thorough project planning and appropriate siting, the following objectives:
(1) 
Protecting the health, safety and well-being of our first responders through responsible siting, pre-incident planning and education, continuing education and training, adequate protection and equipment and the implementation of best practices to reduce potential hazards.
(2) 
Allowing Town of Saratoga residents, landowners, farms and government to take advantage of solar energy resources in a way that is consistent with the nature and character of the Town's policies.
(3) 
Protecting the Town's unique ecosystem of plants, wildlife and habitats, particularly in the western upland and rural areas of Town.
(4) 
Recognizing the importance of agriculture and protecting water and soils conducive to farming. If agricultural lands are to be used for solar siting, the Town encourages consideration of dual-use projects/agrivoltaics, a mixed land use production system combining the agricultural use of the land with solar energy production.
(5) 
Protecting and ensuring farmland, agricultural land and forested land are put to their highest and best use.
(6) 
Protecting and promoting scenic and environmental resources, by minimizing utility-scale solar energy facilities' impacts on these resources, including but not limited to, fresh watersheds, floodplains, historic sites, conservation easements, trails, parklands, wetlands, wildlife, scenery and areas for recreational and outdoor activities.
(7) 
Protecting the property values of those properties neighboring and within the viewshed and sound-shed of a utility-scale solar energy facility.
(8) 
Conserving the rural character of the Town of Saratoga.
C. 
Authority. This section is adopted pursuant to Sections 10 and 22 of the Municipal Home Rule Law.
D. 
Definitions. The following terms shall have the meanings indicated. The definitions contained in the Town of Saratoga Zoning Law shall also apply.
AMBIENT SOUND
Measured value which represents the summation of the sound in a given environment exclusive of intruding noises from isolated identifiable sources; the sound pressure level exceeded 90% of the time.
ANSI
American National Standards Institute.
ATIMA
As Their Interests May Appear.
BACKGROUND SOUND
Residual sound heard during lulls in the ambient sound environment as defined by ANSI standard 12.9, Part 2, and represents the quietest 10% of the time, of any given hour.
BATTERY ENERGY STORAGE SYSTEM
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. Commonly referred to as BESS. All battery energy storage systems, including those that are part of a solar energy system, shall follow NYS electrical guidelines.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight system, roofing materials and shading over windows. Building-integrated photovoltaic systems are Tier 1 solar energy systems.
COMMISSIONING
A systematic process that provides documented confirmation that a solar energy system functions according to the intended design criteria and complies with applicable code requirements.
CONSUMER PRICE INDEX CHANGE
The Consumer Price Index for urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Change shall be calculated in January each year as the percentage difference between the annual average of the most recent calendar year and that of the previous year.
DECOMMISSIONING PLAN
A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring.
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort or loss in visual performance and visibility in any material respects as determined by Town Zoning Officer.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either directly or by support structures or other mounting devise and that is not attached or affixed to an existing structure. Pole mounted solar energy systems shall be considered ground-mounted solar energy systems for the purposes of this section. Ground-mounted solar energy systems are Tier 2 solar energy systems.
IMMATERIAL MODIFICATIONS
Changes in the location, type of material or method of construction of a solar energy system that will not: (1) result in any new or additional adverse environmental impact not already reviewed and accepted for the project by the Town Planning Board; (2) cause the project to violate any applicable setbacks or other requirements of the law; or (3) cause the project not to conform to the State Environment Quality Review determination or findings issued by the Planning Board.
ISAOA
Its Successors and/or Assigns.
NATIONALLY RECOGNIZED TESTING LABORATORY
A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NON-PARTICIPATING PROPERTY
A property not owned or leased by the solar energy system operator, nor having any land use agreement or easement related to the system.
OCCUPIED HABITAT
An area in which a species listed in 6 NYCRR Part 182, defined herein as "species in need of protection" has been determined to exhibit one or more essential behaviors, including behaviors associated with breeding, hibernation, reproduction, feeding, sheltering, migration and overwintering.
PARTICIPATING PROPERTY
A property owned or leased by the solar energy system operator, or a property having any land use agreement or easement related to the system. Where multiple adjacent properties are participating in a solar energy system, the combined lots shall not be considered as one for the purposes of applying setback requirements.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A series of solar panels on the roof of any legally permitted building and/or structure for the purpose of producing electricity for on-site and/or off-site consumption. Roof-mounted solar energy systems are Tier 1 solar energy systems.
SEQRA
The New York State Environmental Quality Review Act and implanting regulations.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR COLLECTOR
A solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure affixed to the ground, a building or other structure that harnesses solar radiation to directly or indirectly generate thermal, chemical, electrical or other usable energy, or that reflects or concentrates solar radiation to a solar or photovoltaic cell, plate, panel, film, array, reflector or other structure that directly or indirectly generates thermal, chemical, electrical or other usable energy.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
SOLAR ENERGY SYSTEM
A complete system intended for the collection, inversion, storage and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical or usable energy. A solar energy system consists of, but not limited to, solar collectors, mounting devices or structures, generators/turbines, substation, water and energy storage and distribution systems, storage, maintenance and/or other accessory buildings, inverters, combiner boxes, meters, transformers and all other mechanical structures. The area of a solar energy system includes all fencing and all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as Tier 1, Tier 2 or Tier 3 solar energy system as follows:
(1) 
Tier 1 solar energy systems including the following for residential, single family home only.
(a) 
Roof-mounted solar energy systems.
(b) 
Building-integrated solar energy systems.
(2) 
Tier 2 solar energy systems include ground mounted solar energy systems for business and agriculture only, with system capacity up to 49 kW AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
(3) 
Tier 3 utility scale solar energy systems 50 kW or larger.
SOLAR LOT COVERAGE
The area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electricity.
SOLAR SUBSTATION
A specialized electrical substation specifically designed to connect a solar power plant to the electrical grid.
SPECIES IN NEED OF PROTECTION
Species listed in Title 6, Part 182 of the New York Codes, Rules and Regulations as Endangered, Threatened or of Special Concern.
TDE
Town Designated Engineer.
UL
Underwriters Laboratory, an accredited standards developer in the United States.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
UTILITY-SCALE SOLAR ENERGY SYSTEM
Solar energy generation facility designed and intended to supply energy into a utility grid for off-site consumption.
E. 
Applicability and general requirements.
(1) 
Major renewable energy facilities for off-site consumption and having a nameplate capacity of 20 megawatts or more and that require greater than 100 acres of land, the function of which is to generate energy for transfer, sale, storage or other transmission or consumption beyond the parcel or parcels upon which the facility is located, are prohibited in all districts in the Town of Saratoga, except for the Rural District. Rural agriculture and natural resources focus on maintaining and protecting key resources while supporting agricultural businesses and preserving natural resources.
(2) 
The requirements herein shall apply to all solar energy system and equipment installations modified or installed after the effective date of this law, excluding general maintenance and repair.
(3) 
Solar energy system installations for which a valid building permit has been issued, or, if no building permit is presently required, for which installation has commenced before the effective date of this law shall not be required to meet the requirements of this law.
(4) 
Modifications to an existing solar energy system that increase the system's area by more than 5% (exclusive of moving any fencing) shall be subject to this law.
(5) 
A building permit shall be required for installation of all solar energy systems. All proposed ground-bounded foundations for ground mounted solar energy systems shall require evaluation and approval of a Town Designated Engineer.
(6) 
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code") the NYS Energy Conservation Code and the Town of Saratoga Code.
(7) 
To the extent that any other town law, rule or regulation, or parts thereof, are inconsistent with the provisions of this law, the provisions set forth in this law shall control only as they pertain to solar energy systems.
F. 
Requirements for small-scale solar energy systems.
(1) 
Prior to installing a small-scale solar energy system, a building permit shall be obtained from the Uniform Code Enforcement Officer of the Town of Saratoga pursuant to the requirements set forth in the Town's Zoning Ordinance, Chapter 400. All Tier 1 and Tier 2 shall be required to display a permanent plaque or directory placed in an exterior location near the main or front entry of a residence or other structure that is readily visible to firefighters to identify system disconnect(s) location. The plaque or director shall meet all New York State Building Code standards for reflection, lettering and color for easy visibility. As part of the permitting process, the Code Enforcement Officer/Building Inspector shall inspect and evaluate such location and plaque design to ensure its visibility.
(2) 
The installation of a solar collector or panel, whether attached to the main structure, an accessory structure, or as a detached, freestanding or ground-mounted solar collector, shall meet all requirements of this section.
(3) 
All solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
(4) 
A ground-mounted solar energy system shall comply with the setback requirements for an accessory structure in the zoning district in which it is located.
(5) 
A roof-mounted accessory solar energy system shall be mounted as flush as possible to the roof. Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher. Solar panels on pitched roofs shall be installed at the same angle as the roof's surface with a maximum distance of eight inches between the roof and the highest edge of the system. Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached. To achieve proper solar orientation, panels may exceed the roofline by five (%) feet. All solar panels shall have anti-reflective coating(s) to reduce glare to the maximum extent practicable.
(6) 
Ground mounted solar energy systems shall be permitted only in the Rural and Rural Residential Districts as accessory structures and must meet District setback and coverage regulations and ground-mounted or freestanding solar collector height shall not exceed 15 feet when oriented at maximum tilt. All ground mounted solar energy systems shall adhere to the setback requirements for accessory structures in the zoning district within which they are located. Any ground mounted solar energy systems must meet district setbacks and coverage. Ground mounted solar energy systems shall be limited to Rural and Rural Residential Districts. Ground mounted solar energy systems shall only be permitted in the side or rear yard behind the principal structure. In no instance shall energy systems be permitted in the front yard on the premises. All solar panels shall have antireflective coating(s) to reduce glare to the maximum extent practicable. Ground mounted solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district. All ground mounted solar energy systems shall have views minimized from adjacent properties to the extent reasonably practical. Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access. A landscape buffer shall be provided around the ground mounted solar energy system and solar panels to provide screening from adjacent properties and public rights-of-way. A minimum twenty-five-foot buffer, consisting of natural and undisturbed vegetation, shall be provided between all mechanical equipment and solar panel arrays and adjacent properties and roadways to provide screening. The Code Enforcement Officer shall have the authority to increase the buffer to a maximum of 100 feet if necessary to provide adequate screening.
(7) 
Tier 2 solar energy systems that have been abandoned and/or not producing electricity for a period of six months after formal notice by a Town representative/official shall be removed by the property owner at the property owner's expense. Failure to remove such systems after receiving formal notice shall be a violation of this chapter.
(8) 
All solar collectors and their associated support elements shall, at the time of installation, be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.
(9) 
Residential photovoltaic systems that are integrated directly into building materials such as roof shingles, and that are a permanent and integral part of and not mounted on the building or structure are exempt from the requirements of this article. However, all applicable building codes shall be met and necessary permits obtained. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered exempt or not.
(10) 
In order to ensure firefighter and other emergency responder safety, there shall be a minimum perimeter provides a 36 inches wide access pathways area around the edge of the roof to provide space on the roof for walking around all solar collectors and panels.
(11) 
Battery energy storage systems associated with a small-scale solar energy system shall have an energy capacity of no more than 600 kWh and shall comply with all applicable provisions of Section 1206 of the Fire Code of New York State. A building permit and an electrical permit shall be required for installation of small-scale battery energy storage systems. Further mandatory guidance and code for BESS for small-scale solar energy systems can be found in NYS BESS code.
G. 
Requirements for Tier 3 solar energy systems.
(1) 
Applications, Permits, Fees, Approvals Required and Applicable Zoning Districts
(a) 
A special use permit and site plan approval by the Town of Saratoga Planning Board and a Town building permit shall be required for all utility-scale solar energy systems. Such systems shall only be permitted in the Rural District. Utility scale shall not be located in the following areas of potential sensitivity: 1 (100-year flood hazard zones considered an AE Zone on the FEMA Flood Maps, ii) properties included on or in the viewshed of, the New York State Historic Preservation Office. No utility scale solar energy system shall exceed a maximum project size of 100 contiguous acres, owned by the same person and the parcel must be one tax lot number. No Tier 3 utility scale solar energy system shall be located within 2.5 miles (nearest property line to property line measurement) of any other Tier 3 utility scale solar energy system, regardless of whether one of the systems lies outside of the Town of Saratoga. No project shall be on more than one side of a town road or county highway regardless of municipality. The applicant shall disclose the full scope of the planned size of the project, including any other involved municipalities and shall not segment the application for purposes of reducing the apparent significance of proposed plans. Where the Planning Board or lead agency has reason to believe that the ultimate scope of the project may exceed that which is actually being proposed by the applicant, it shall conduct its review and base its findings on the larger potential scope. The Planning Board shall concurrently review the site plan and special use permit applications. (Fee Schedule in the Town of Saratoga Zoning Law by amendment to address fees for solar energy systems.)
(b) 
No less than 60 days before the date on which an applicant files an application with the Town, the applicant shall contact the Town's Uniform Code Enforcement Officer or Town Planning Board to schedule a pre-submission conference with the Planning Board in the manner set forth in the Town Zoning Code § 400-30. At this time, the applicant shall provide the opportunity for an on-site visit by Planning Board members.
(c) 
Upon receipt of an application, the Town requires proof of mailing, at the developer's expense, a notice of the proposed project to all owners of property within a one-mile radius of the project boundaries regardless of township/municipality. Notices shall contain a summary of the application/project, a designated contact person with telephone number, email address and mailing address from whom information will be available on a going forward basis, as well as a proposed project website to disseminate information to the public. Further, upon receipt of application, the Town shall post notice of same on the Town's website and social media outlets. At the developer's expense, publication of notice of application shall be made in newspapers designated by the Town of Saratoga for same. Additionally, upon submission of an application, the developer shall conspicuously post signage on all roads abutting the proposed project and at the proposed entry ways/exits to the project. Signage must be at least three feet by four feet and shall contain the name of the proposed project, the application number, a rough concept map of the project and contact information for the developer as well as a proposed project website address. The sign(s) shall be 15 feet or less from the road.
(d) 
All applications for utility-scale solar energy systems shall be accompanied by applicable fees as may be established by the Town Board. The applicant shall provide an escrow account to pay for the Town's engineering, legal and environmental review costs, any necessary mailings by the Town, for construction inspection, annual inspections and for monitoring during operation of the facility. The escrow account shall be in an amount as determined by the Planning Board or Town Board, shall be replenished when required by the Town and shall be maintained for the life of the project. Once the Planning Board has determined the initial amount of escrow, the account shall be established prior to any further Planning Board review.
(e) 
The public hearing that is required in connection with application for a special use permit will be held simultaneously on the proposed site plan. All adjacent property owners will be notified of the public hearing on the application for special use permit and site plan approval in the manner set forth in the Town Zoning Code and as further set forth in Subsection G(2) herein. Additionally, privilege of the floor shall be allowed to the public at all subsequent Planning Board meetings where an application is discussed.
(f) 
All applications for utility-scale solar energy systems shall include the following:
[1] 
A site plan which includes a description of the project, including the solar array capacity in MWdc. The site plan is to be prepared, signed and sealed by a professional engineer registered in New York State including:
[a] 
Site plan shall provide north arrow and scale. It shall include property lines and physical dimensions of the site including fenced in project area and GPS coordinates for corner fence posts;
[b] 
Location, approximate dimensions and types of existing structures and uses on the site, public roads and other properties within 2,500 feet of the boundaries of the site including any bordering municipalities. Site plan shall provide neighboring homes, outbuildings and distance from property lines;
[c] 
Location and description of all solar energy system components, whether onsite or offsite, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of the SEQRA special use permit and site plan approval;
[d] 
Location of all above and below-ground utility lines on the site as well as transformers, the interconnection point with transmission lines and other ancillary facilities or structures, including accessory facilities or equipment;
[e] 
Locations of setback distances as required by this law and all Town laws;
[f] 
All other proposed facilities, including electrical solar energy substations, storage or maintenance units, fencing and laydown and storage areas to be used as part of construction;
[g] 
On all adjacent parcels the following items shall be shown with dimensions to the property line, setbacks, houses, structures, roads, utilities and private or public wells.
[h] 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures.
[i] 
The applicant must identify whether or not battery energy storage is part of the solar energy system project at any time during the life of the project. If BESS is to be included in the solar energy system project at any time during the life of the project, applicant will need to follow Town Battery Energy Storage System Code. Battery energy storage systems are prohibited in any areas that do not have a municipal water supply on site;
[j] 
All site plan application materials required under § 400-30 of the Zoning Law of the Town of Saratoga.
[2] 
An electrical diagram detailing the solar energy system installation, associated components and electrical interconnection methods, with all disconnects and overcurrent devices identified. Additionally, the diagram should incorporate the power company infrastructure post-interconnection, showing utility meter upgrades, transformer capacity considerations, and any required grid protection equipment to accommodate the solar system's integration. (This detailing may illustrate other visual impacts off property and also provide an understanding or onsite power company installations.)
[3] 
Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.
[4] 
A storm water pollution prevention plan as per NYS DEC, SWPPP and MS4 and the Town of Saratoga Stormwater Management requirements to detail storm water runoff management and erosion control plans for the site.
[5] 
Documentation of utility notification, including an electric service order number.
[6] 
Decommissioning plan, including cost estimate and description and form of financial surety as described in Subsection H of this section.
[7] 
Visual impact study by 3rd party shall be provided showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions and manufacturer's specs and photos of the proposed solar energy system, solar collectors and all other components. Photographic simulations of the facility shall be prepared from a variety of representative viewpoints to demonstrate the post-construction appearance of the facility. There shall be at least four views for each season for a total of 16 views. Where vegetation screening is relied on for facility mitigation, leaf-on and leaf-off simulation shall be provided. Seasonal drone imaging which accurately depicts the property at different times during the year shall be electronically submitted. Additional simulations shall be provided upon the request of the Planning Board.
[8] 
A completed SEQRA Full Environmental Assessment Form is required and submitted when site plan is submitted.
[9] 
Sound studies providing details of the proposed noise that may be generated by inverter fans, or other noise-generating equipment that may be included in the project, including actual readings of existing daytime and nighttime ambient noise at the boundary of the participating properties; the sound study shall predict the potential increase in noise from the project over the existing ambient noise levels. Sound studies shall be provided for pre-construction, proposed-construction and post-construction.
[10] 
A GIS viewshed analysis of the Zone of Visual Impact (ZVI); defined as the area from which the proposed undertaking may be visible within a 0.5 mile buffer around solar fields covering four to 39 acres in size, a one-mile buffer around solar fiends covering 40 to 60 acres, a three-mile buffer for solar fields covering 61 to 80 acres and a four-mile buffer for solar fields covering 81 to 100 acres. Positive visibility of the solar field must be based upon bare-earth topography only (do not factor in vegetation). Forested lands shall be assigned a height of 30 feet unless otherwise factually disputed. The analysis should be presented as an orthorectified aerial base map with the buffer boundary and project area indicated and ZVA highlighted. A balloon study which provides aerial viewshed maps, model-massing and photorealistic simulations shall be performed if deemed necessary by the Town Planning Board. All required tests must comply with specific balloon test performance criteria and simulation guidelines of the National Park Service and Bureau of Land Management.
[11] 
The results of on-site bird and bat migration, nesting and habitat surveys. Surveys must be conducted during the appropriate seasonal windows during the year prior to submittal of an application. Applicants shall use the most recent New York State Department of Environmental Conservation survey protocols for grassland birds and winter raptors. For other wildlife, applicants shall follow NYSDEC guidance on appropriate survey methods.
[12] 
The applicant shall demonstrate that any glare or heat to be produced by the solar project does not have a significant adverse impact on neighboring properties or roadways by providing a glare analysis that is from an independent third-party designee approved by the Planning Board. All solar collectors and related equipment shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent properties or public roadways. All solar collectors and their associated support elements shall have a non-reflective finish and be of neutral paint colors to achieve visual harmony with the surrounding area. Panels shall not reflect more than 2% of incoming sunlight. All solar panels shall have anti-reflective coating(s) to reduce glare to the maximum extent practicable.
[13] 
Install monitoring wells down gradient or in any areas deemed appropriate by Planning Board, based on the findings of a groundwater study completed by the applicant. The study shall assess groundwater flow direction, seasonal variations and potential contamination risks to determine optimal well placement. The number, depth and sampling frequency of the monitoring wells shall be specified in accordance with industry standards and regulatory requirements to ensure ongoing assessment of groundwater quality and environmental impact.
(g) 
Prior to final approval by the Planning Board, all engineering documents, including site plan, Stormwater Pollution Prevention Plan and Decommissioning Plan, shall be signed and sealed by a New York State licensed professional engineer.
(2) 
Permitting requirements. Requirements "A" through "U" below shall apply to all utility-scale Tier 3 solar energy systems:
A.
Code compliance. All utility-scale solar energy systems shall adhere to all applicable Town of Saratoga building, plumbing, electrical and fire codes. Except for conditions specified in this law, all systems shall comply with the provisions of the Town Zoning Ordinance for the zoning district in which they are located.
B.
Fencing. All solar panels, electrical and control equipment, substations, including any battery and storage cells, shall be labeled and secured to prevent unauthorized access. Such aforementioned equipment shall be enclosed with a seven-foot-high fence as per National Electric Code requirements. Fencing shall have a self-locking gate to prevent unauthorized access and shall be wildlife permeable/friendly. Fencing shall include one way wildlife gates every 1,000 linear yards of perimeter fencing. Barbed wire fencing is prohibited. Fixed-knot woven wire or other wildlife friendly fencing and mixed use fencing is preferred and shall include areas that shall allow small-to-medium sized animals (e.g. turtles, racoons, birds, baby deer) areas which to easily pass through. Fencing shall be located inside the tree buffer described in Requirement 'D' of this subsection. A cleared fifteen-foot buffer shall be maintained around the outside of the fence for wildland fire fighting.
C.
Signs. Warning signage shall be placed on solar equipment to the extent appropriate. Solar equipment shall not be used for displaying advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except the following which must be posted at all roads of ingress/egress, and substation fencing: (a) manufacturers or installer's identification; (b) appropriate warning signs and placards; (c) signs that may be required by a federal or state agency; (d) signs that provide a twenty-four-hour emergency contact phone number and warn of any danger and (e) signs that direct Fire Department and Hazmat to emergency safety protocols. Said information shall be depicted within an area of no more than eight square feet. As required by the National Electric Code (NEC), disconnect and emergency shut-off information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No advertising signage is permitted.
D.
Visual impact. A solar energy system shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Town of Saratoga or that extends beyond the border of the Town of Saratoga. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Town of Saratoga Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Town Planning document or resource, including but not limited to Open Space Plans.
A minimum 200 feet landscape buffer shall be provided around the perimeter of the solar energy system, inclusive of the solar energy substation and any and all solar energy equipment to provide screening from adjacent properties. The solar energy system and all components as described above shall be completely screened from adjacent property.
The solar energy system, including any proposed off-site infrastructure, shall be located and screened in such a way as to avoid visual impacts as viewed from public locations, public roads and highways, and other locations identified by the Town Planning Board. To accomplish this screening, existing vegetation shall be utilized to the fullest extent practicable and/or at least two rows of native evergreen trees other screening acceptable to the Town Planning Board which is capable of forming a continuous hedge at least 14 feet in height at planting shall be required and maintained for the life of the project.
Acceptable screening would include maintenance of existing vegetation, new vegetative barriers or berms, landscape screen or other opaque enclosures, or any combination thereof capable of fully screening the site. The applicant shall guarantee that all plantings that form part of the approved landscape and screening plan will be maintained and replaced as necessary during the life of the project.
The applicant shall provide a bond in an amount as determined by the Town Planning Board or Town Board to maintain and/or replace the landscaping and screening that is not adequately maintained and/or replaced by the developer, its successors and/or assigns as their interests may appear, and shall be replenished by same when required by the Town and shall be maintained for the life of the project.
(1)
When the site is surrounded by existing mature trees, a buffer of 250 feet where no trees shall be cut shall be established and maintained as a wild zone for the life of the facility. The exception to this shall be dead or diseased trees, which will be cut and removed so as to encourage healthy growth of existing trees.
(2)
Trees to be included in screening shall be native and non-invasive species of evergreen, e.g. Eastern red cedar and white spruce, a minimum of 8' tall and 3" in diameter at breast height. It shall be determined and documented by the developer if at the time of planting any species are threatened due to regional blight, disease, etc. Final decisions on appropriate plantings will be made by the Town Planning Board.
(3)
The solar facility shall provide for the creation of a buffer that has an offset, double row of densely growing evergreens with the addition of some smaller trees and shrubs in front to create more of a naturalized hedgerow habitat. The purpose of the double row is to provide additional screening early while the trees are still small. While the evergreens should be the dominant tree for screening, the addition of some smaller trees and shrubs are to be provided to benefit wildlife and aesthetics.
(4)
Appropriate shrubs and small trees to include to create a hedgerow could be shadbush, flowering dogwood, flowering raspberry, maple leaved viburnum, nannyberry and choke cherry.
(5)
No clear-cutting or deforestation. Removal of trees and other existing vegetation shall be minimized or offset with planting elsewhere on the property.
(6)
A vegetation management plan shall be required that includes the planting and/or protection of pollinators and perennial vegetation. Clear-cutting of trees beyond what is deemed necessary by the Town Planning Board to install and maintain the Solar Energy Systems shall be prohibited.
(7)
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.
(8)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(9)
The plans shall show maximum buffering and screening of utility-scale solar systems that are visible from all adjoining property owners and roadways, regardless of municipality.
(10)
The design, construction, operation and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar glare onto neighboring properties, public roads, and public parks in excess of that which already exists. The Town Planning Board reserves the right to individually assess what they deem to be sensitive areas potentially impacted by any proposed solar facility as part of their review to ensure that negative impacts of solar ray reflection will be prevented.
(11)
All structures and devices used to support solar collectors shall be non-reflective and/or painted a subtle or earth tone color to aid in blending the facility into the existing environment.
(12)
No Effect letter from FAA.
E.
Panel height, location and durability. Ground-mounted solar panel arrays shall not exceed 15 feet in height when oriented at maximum tilt. All solar collectors and their associated support elements shall, at the time of installation, be designed according to generally accepted engineering practice to withstand heavy snow loads and wind pressures applied to exposed areas by wing from any direction, to minimize the migration of light or sound from the installation and to minimize sight obstructions for adjacent structures or land parcels. A licensed professional engineer or registered architect shall stamp and sign all construction and other plans and documents to affirm that the design meets all structural requirements, including snow and wind loads, as a condition of those plans being approved.
F.
Lot coverage. A utility-scale Tier 3 solar energy system shall not exceed 25% lot coverage, as defined herein. This land area shall be deemed to include all land under and in between any system components within the general perimeter of the system as a whole.
G.
Wetlands. Solar energy systems are not permitted on wetlands. Solar energy systems shall meet wetland requirements as provided in Title 6, Parts 663 and 664 of the New York Codes, Rules and Regulations and Stream Requirements as provided in Title 6, Part 608 of the NYCRR and shall meet all Clean Water Act requirements for placement of fill in Waters of the United States. The solar energy system, including solar energy substation, shall be setback at a minimum of 200 feet from wetlands, ponds and streams. Application must comply with current NYS DEC Regulations.
H.
Lighting. Artificial lighting of solar energy systems shall be limited to lighting required for safety and operational purposes and shall be cast downward and shielded from all neighboring properties and public roads. Lighting shall be capable of manual or auto-shut off switch rather than motion detection. All lighting sources and fixtures shall fully shield and comply with International Dark Sky lighting standards. No light source may exceed a maximum Correlated Color Temperature (CCT) of 3,000K.
I.
Access and parking. Roadways and parking will be provided to assure adequate emergency and service access. Any new access roads will be reviewed for fire safety purposes by the Town Building Inspector and the Chief of the Fire Company that serves the area containing the property. Site access, including a perimeter around all solar equipment and substations shall be maintained at a level acceptable to the local Fire Department and emergency medical services, including snow removal. Solar facility access road shall be a minimum of with of 20 feet and no greater than 26 feet wide. All roadways associated with the solar energy system shall remain unpaved and of pervious surfaces. No adjoining landowner shall be mandated to permit use of their property for access. Any additional roadways used for any ingress or egress shall be constructed in a manner compliant to Town zoning laws. Snow removal on ingress and egress roads shall be performed within 24 hours of a significant snowfall as determined and required by the local Fire Department.
J.
Slopes. No utility-scale solar system shall be installed on gradients exceeding 10%.
K.
Drainage. The solar energy system shall comply with New York State Stormwater Regulations as set forth in 2025 GP. The Stormwater Pollution Prevention Plan shall demonstrate that the solar system will not create adverse drainage, runoff or hydrology conditions that could impact adjoining and other non-participating properties in violation of New York State Stormwater Requirements. Use of SWPPP and MS4 shall be used in determining adequate drainage. Town of Saratoga MS4 Coordinator shall determine effectiveness and feasibility of drainage plans.
L.
Road use. Designated traffic routes for construction and delivery vehicles to minimize traffic impacts, wear and tear on local roads and impacts on local business operations shall be proposed by the applicant and reviewed and approved or denied by the Town Planning Board.
M.
Blasting and drilling. Blasting and drilling are prohibited for the construction of all utility-scale solar energy facilities.
N.
Cemeteries and historical sites. Utility-scale solar energy systems structures and equipment are prohibited on rural cemeteries and burial grounds. The applicant shall consult with the Town Historian to identify any such burial grounds within the project site.
O.
Hazardous materials. All solar panels shall have anti-reflective coating(s) not identified as a hazardous material by the U.S. Environmental Protection Agency (EPA). The applicant shall adhere to all federal and state laws, regulations and guidelines regarding PFAS and polytetrafluoroethylene (PTFE) films. No pesticides or herbicides are to be used on the property for the lifetime of the project.
P.
Deforestation. Previously cleared or disturbed areas are preferred locations for solar projects. Forested sites shall not be deforested to construct solar energy facilities. Brush and isolated trees or stands of trees in otherwise open fields or scrubland may be cut, however, clear cutting of trees more than three inches in diameter at breast height in a single contiguous area exceeding 20,000 square feet is prohibited. This clearing restriction shall apply to trees cleared for the access road. Clear-cutting of trees beyond what is deemed necessary by the Town Planning Board to install and maintain the Tier 3 solar energy systems, shall be prohibited.
Removal of trees and other existing vegetation shall be minimized or offset with plantings elsewhere on the property. Tier 3 solar energy systems shall require the preparation of a vegetation management plan that includes detailed planting and/or protection of pollinators and perennial vegetation.
Any portion of a property that has been clear-cut in excess of the area described in the paragraph above shall not be included in an application for a utility-scale solar project for a period of five years following such clear-cutting.
Site disturbance, including but not limited to, grading, soil removal, excavation and soil compaction in connection with installation of utility-scale solar energy facilities shall be minimized to the extent practicable.
Q.
Wildlife. Development and operation of solar energy systems shall have no significant impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of other federal or state regulatory agencies. Applicant site maps shall delineate sensitive environmental features along with other site information to identify and describe how the proposed utility-solar energy system shall avoid or mitigate adverse impacts to these resources. Lands that have the highest ecological value as evidenced by large, continuous areas of forest, undisturbed drainage areas, wetlands or NYS DEC identified critical habitats or rare plant and animal populations shall be avoided. The applicant shall hire an independent, third-party environmental monitor to oversee compliance with environmental commitments and siting requirement, and the ongoing obligation of same for the lifetime of the project. The environmental monitor shall perform regular site inspections of construction work sites and provide annual inspections of the completed solar energy system at the expense of the developer, ATIMA, ISAOA.
R.
Agriculture. Solar energy systems shall limit the use of agricultural areas within their project limits to no more than 10% of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4. All solar energy systems shall adhere to the Department of Agriculture and Markets' Guidelines for Construction Mitigation for Agriculture Lands.
S.
Underground wiring. All transmission lines and wiring associated with a utility-scale solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code. The Planning Board may waive this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electric utility lines including substations, switchyards, junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
T.
Noise. The solar energy system shall be shown to not have adverse or unreasonable noise impacts on surrounding homes or other sensitive receptors. The one-hour average noise generated from the solar energy system's components and associated ancillary equipment, including but not limited to, transformers, inverters, storage devices, substations and tracking motors shall provide for no discernable difference from existing noise levels at property lines. Substations and inverters shall comply with minimum setbacks required herein. The Planning Board may require additional setbacks as needed to provide for no discernable difference from existing noise levels at the property line. The system must meet all Town noise ordinances.
In addition to a sound study performed by an independent third-party vendor, applicants shall submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant shall be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the solar energy system to demonstrate compliance with this standard. All components of solar energy system from a sound perspective - transformers, inverters, storage devices, substations and tracking motors shall be taken into consideration for the purposes of a noise study.
The applicant shall hire an independent, third-party engineer/noise monitor approved by the Town to oversee compliance with noise requirements and the ongoing obligation of same for the lifetime of the project. The engineer/noise monitor shall perform a site inspection if a noise complaint regarding is made to the Town of Saratoga Code Enforcement Officer and shall provide annual inspections of the completed solar energy system at the expense of the developer, ATIMA, ISAOA.
Penalties for non-adherence, shut down, fines shall be determined by Code Enforcement/Town Board.
U.
Construction hours and guidelines. Pre-construction, Construction and routine maintenance activities on the facility shall be limited to Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. Work shall not be done outside these hours or on Saturdays or Sundays and holidays, to ensure the quiet rural characteristics of the Town. Construction lighting shall be limited consistent with Requirement "H" above. Construction work hour limits apply to facility construction, maintenance and to construction related activities, including maintenance and repairs of construction equipment at outdoor locations, large vehicles idling for extended periods at roadside locations and related disturbances. This condition shall also apply to vehicles used for transporting construction or maintenance workers, small equipment and tools used at the facility site for construction or maintenance activities. If, due to safety or continuous operation requirements, construction activities are required to occur beyond the allowable work hours, the applicant shall notify the Town of Saratoga Code Enforcement Officers. Such notice shall be given at least 48 hours in advance, unless such construction activities are required to address emergency situations, threatening personal injury, property or severe adverse environmental impact that arise less than 24 hours in advance. In such cases, as mush advance notice as is practical shall be provided.
Penalties for non-adherence, shut down, fines, flaggers/traffic hold ups and delays shall be determined by Code Enforcement/Town Board.
V.
Completion. Within 30 days after completion of a community-scale solar energy system, the applicant shall file in the office of the Code Enforcement Officer, a post-construction certification from a professional engineer registered in New York State stating that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
(3) 
Contractual requirements. Prior to obtaining site plan approval, the applicant for a utility-scale solar energy system shall execute the following contractual agreements with the Town:
(a) 
Bond. The applicant is required to provide a bond to cover damages to Town roads during construction.
(b) 
Community hosts. The applicant shall enter into a community host agreement providing a public benefit fee to mitigate the additional burdens placed on the Town as a result of the project. The fee shall be utilized as a source of funding for prospective costs and expenses associated with and related to anticipated municipal services and additional infrastructure improvements to be provided as a result of the project's presence within the Town. The fee shall be $1,000 annually per megawatt generated.
(c) 
Project escrow account. Applicants for Tier 3 systems are responsible for paying all costs incurred by the Town related to review of Planning Board and Zoning Board of Appeals applications, including but not limited to consultant; engineering and attorney's fees. Applicants for Tier 3 systems are required to enter into an escrow agreement and establish an escrow account to cover these costs. No Planning Board or Zoning Board of Appeals review will be undertaken until an escrow agreement is executed and an escrow account funded. The form of the escrow agreement and the amount of the initial escrow deposit must be approved by the Town Board in consultation with Town Counsel.
(4) 
System operations.
(a) 
Required safety measures.
[1] 
Before any utility-scale solar energy system becomes active, the owner of the system shall arrange an on-site meeting with the fire department having primary coverage of the project area to review the components of the system, safety issues and procedures for emergency response. This shall include details on the location of labeled warnings, access to the site and emergency disconnection of the system. In addition, the Town may require the installation of placards that provide mutual aid responders with sufficient information to protect them when responding to calls on site. A competent person from the solar company shall be present on site within one hour of any event requiring emergency responders to remain at the facility. Additionally, the following is required.
[2] 
Fire safety compliance. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code and all applicable codes, along with a map of access points.
[3] 
Operation and maintenance manual. Such plan shall describe continuing maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code and all applicable codes.
[4] 
Emergency operations plan. The applicant shall prepare a safety/emergency response plan in cooperation with Town emergency service providers. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local Fire Department, and local Fire Code Official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, Fire Code Officials and emergency responders. The emergency operations plan shall include the following information:
[a] 
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock and personal injuries and for safe start-up following cessation of emergency conditions.
[b] 
Procedures for inspection and testing of associated alarms, interlocks and controls.
[c] 
Procedures to be followed in response to notifications from the solar energy system that, when provided, could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel and providing agreed upon notification to Fire Company personnel for potentially hazardous conditions in the event of a system failure. All means of shutting down the solar energy system shall be clearly marked.
[d] 
The property must be inspected after a national Weather Service designation of a severe weather event to ensure that the property did not sustain damage. Reports of said inspection shall be filed with the Town Building Inspector.
[e] 
Emergency procedures to be followed in case of fire, explosion, release of liquids, oils or vapors, damage to critical moving parts or other potentially dangerous conditions.
[f] 
Response considerations similar to a Material Safety Data Sheet (MSDS) that will address response safety concerns and extinguishment when an MSDS is not required.
[g] 
Procedures for dealing with solar energy system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged equipment for the facility. System owner shall provide guaranteed non-emergency and emergency response times of a qualified subject matter expert to the DPW and local emergency responders.
[h] 
Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring propertied and emergency responders.
[i] 
Site must be made available for conducting drills of these procedures and for training local (all agencies within 15 miles) emergency responders on the contents of the plan and appropriate response procedures. Training shall be taught by a New York State certified instructor, performed annually and shall include local and mutual aid emergency responders. Training and specialty equipment shall be paid for by the developer, ATIMA/ISAOA.
[j] 
The system owner shall notify the local Fire Department, County Emergency Management Office and the Town Building Inspector at least one week prior to any scheduled maintenance or equipment swap out.
[k] 
In the event of a fire, all contaminated soil must be removed and disposed of properly, in accordance with all applicable laws.
[l] 
Retention pond. The applicant for a utility-scale solar energy system shall consult with the fire Department with primary coverage of the project area on the best fire suppression system for the planned technology and preservation of surrounding properties. If the Fire Department determines that water is necessary, the applicant shall develop a well or retention pond(s) holding a sufficient amount of water as determined in site plan review, with dry hydrants (arrangement of piping with one end in the water and the other extending to dry land), for emergency firefighting use.
(b) 
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, all requirements of the special use permit and site plan approval shall remain in effect. Approval to operate the system shall continue, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, decommissioning plan, security, escrow and any other binding agreements. A new owner or operator of the solar energy system shall notify the Code Enforcement Officer and the Town Supervisor of such change in ownership or operator 60 days' prior to the ownership change. All the terms set forth herein shall be binding on developers. ATIMA/ISAOA.
(c) 
Annual report/inspection. On a yearly basis, the solar energy system owner shall provide the Town a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid. The report shall be submitted no later than 30 days after the end of the calendar year. Additionally, an applicant/operator shall hire an independent, third-party engineer/inspector approved by the Town to oversee compliance with site and operational requirements and the ongoing obligation of same for the lifetime of the project. The engineer/inspector shall perform a site inspection if a complaint regarding the solar energy system and any of its components is made to the Town of Saratoga Code Enforcement Officer. Annual inspections of the completed solar energy system shall be performed at the expense of the developer, ATIMA, ISAOA.
(d) 
Vegetation. Following construction of a utility-scale solar energy system, all disturbed areas where soil has been exposed shall be reseeded with native grasses and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust. The use of herbicides or pesticides are prohibited.
(e) 
Project changes.
[1] 
Any post-approval changes to the solar energy system, except for immaterial modifications as defined herein, shall be done by amendment to the special use permit and site plan approval only and shall be subject to the requirements of Subsection G of this section.
[2] 
Unless expressly limited by a condition imposed in the permit, the Town Zoning Officer/Code Enforcement Officer/Building Inspector or other Town designee may, during project construction, allow immaterial modifications to the design of the project as represented in the final set of site plans reviewed by the Planning Board. Such immaterial modifications shall only be allowed in response to a written request by the applicant or owner. All such requests shall be addressed to the authorized Town designee, with copies to the Chairman of the Planning Board, other designee and the Town's designated consultants.
(f) 
Certification. After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
(g) 
Insurance.
[1] 
The holder of a special use permit for a solar energy system shall agree to secure and maintain for the duration of the permit, public liability insurance as follows (unless waived by the Town board for smaller systems):
[a] 
Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence, $10,000,000 aggregate, which shall specifically include the Town and its officers, councils, employees, attorneys, agents and consultants as additional named insured;
[b] 
Umbrella coverage: $10,000,000.
[2] 
Insurance company. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with at least a Best's rating of "A".
[3] 
Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of cancellation.
[4] 
Insurance policy renewal. Renewal or replacement policies shall be delivered to the Town at least 15 days before the expiration of the insurance that such policies are to renew or replace.
[5] 
Copies of insurance policy. No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.
[6] 
Certificate of insurance. A certificate of insurance that states it is for information purposes only and does not confer sufficient rights upon the Town shall not be deemed to comply with this section.
(h) 
Construction inspection. The escrow account required herein shall be used to provide inspection by a Town engineering consultant during construction of the solar energy system. Work shall remain accessible and exposed until inspected and accepted by the Town's consultant. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to how the work fails to comply with the Uniform Code or conditions of the special use permit. Work not in compliance shall remain exposed until brought into compliance, reinspected and found satisfactory as completed. During construction, the Town Building Inspector/Code Enforcement Officer can issue a stop work order at any time for violations of the special use permit.
Penalties for non-adherence, shut down, fines, flaggers/traffic hold ups and delays shall be determined by Code Enforcement Officer/Town Board.
(i) 
Groundwater testing. Unadulterated soil samples shall be taken at four corners of the proposed site. Testing shall utilize four foot holes, with testing at two foot increments. One monitoring test hole shall be at the lowest elevation of the site. In addition, monitoring wells shall be installed down gradient or in any areas deemed appropriate by the Planning Board, based on the findings of a groundwater study completed by the applicant. The study shall assess groundwater flow direction, seasonal variations and potential contamination risks to determine optimal well placement. The number, depth, and sampling frequency of the monitoring wells shall be specified in accordance with industry standards and regulatory requirements to ensure ongoing assessment of groundwater quality and environmental impact. In the event groundwater contamination occurs as a result of the solar facility, the operator, at its sole expense, shall provide a reliable alternative water source and address the contamination in accordance with all legal requirements.
(j) 
Maintenance. System equipment, grounds, fencing and buffer areas shall be maintained in good condition by the operator. Plant growth shall be controlled by mowing or grazing. The use of herbicides and pesticides is prohibited. Broken panels and any other damaged or malfunctioning equipment shall be removed, replaced or repaired from the site within 30 days of discovery or notification of problem at the expense of the developer, ATIMA/ISAOA.
Penalties for non-adherence/fines shall be determined by Code Enforcement Officer/Town Board.
(k) 
Operational inspection. Upon 24 hours advance notice to the owner/operator or designated contact person, the Town of Saratoga Code Enforcement Officer/Building Inspector or his or her designee may enter the solar energy facility to verify compliance with any requirements or conditions. The solar energy system shall be inspected by a New York State licensed professional engineer, under contract with the Town and paid by the escrow account required herein, to ensure that it is operating according to the conditions of the special use permit. Such inspections shall be done annually and at any other time, upon a determination by the Town's Building Inspector that damage may have occurred. The engineer shall file an inspection report with the Town Code Enforcement Officer/Building Inspector. All recommendations for maintenance and repair contained in said report shall be completed by the operator within a written schedule agreed on by the Code Enforcement Officer/Building Inspector.
Penalties for non-adherence/fines shall be determined by Code Enforcement Officer/Town Board.
H. 
Abandonment or decommissioning of systems.
(1) 
Decommissioning plan. An owner or operator of a utility-scale solar energy system that has not generated electricity for a period of six months must notify the Town Supervisor and the Town Building Inspector in writing that the system is no longer operating. If the system ceases to operate for an additional 12 months, the system shall be deemed to be abandoned and shall be decommissioned within six months by the owner and/or operator of the solar energy system, identify the anticipated life of the project and include, but not limited to, the following provisions:
(a) 
The removal of all energy facilities, structures and equipment including any subsurface wires and footings from the parcel. Any access roads created for building or maintaining the system shall also be removed and replanted with vegetation.
(b) 
The cost of removing the entire solar energy system based upon prevailing wages and any other requirements applicable to municipalities under State or Federal law and no salvage value shall be attributed to any of the components of the solar energy system and/or the solar energy equipment.
(c) 
A schedule and methods for the removal of the solar energy system and/or the solar energy equipment, including any ancillary structures.
(d) 
The time required to restore the property to its pre-installed condition and to repair any damage caused to the property by the installation and removal of the solar energy system.
(e) 
A plan for restoring the property to its pre-installed condition, including grading and vegetative stabilization to eliminate any negative impacts to surrounding properties, and where, if it was previously used for farming, with vegetation suitable for farming purposes, i.e. a hay field, crops or grazing. Such restoration shall follow NYS Department of Agriculture & Markets Guidelines for Solar Energy Projects – Construction Mitigation for Agricultural Lands, as updated.
(f) 
Applicant for a Tier 3 system shall provide a proposed Decommissioning Agreement to the Town Board for review and consideration. No building permit shall be issued for a Tier 3 system unless and until a Decommissioning Agreement in a form approved by the Town board has been executed by the Town and applicant and financial security provided as set forth in Subsection H(3)(a) below.
(g) 
The remedies to address a failure to decommission a system pursuant to this section are not exclusive and may be pursued simultaneously, this includes enforcement of the Decommissioning Agreement, calling in of the security required under this section and using all enforcement and penalty provisions available under the Town Zoning Code.
(2) 
Coordinate with public utility provider. As part of the decommissioning process, the applicant shall provide a detailed plan outlining the steps for proper disconnection and coordination with the public utility provider to ensure a safe and compliant removal of the solar energy system. The plan shall include:
(a) 
Interconnection termination & notification: The operator must notify the utility provider before decommissioning begins. Notification should include the Town. Notification must include system details such as interconnection agreement reference, system capacity and point of interconnection. The utility provider shall review and approve the disconnection plan before any removal activities commence.
(b) 
Disconnection & infrastructure removal: The applicant shall comply with all requirements set forth in the utility interconnection agreement and ensure that all grid-tied equipment is safely disconnected by a licensed electrical contractor. Any dedicated transformers, switchgear and metering equipment installed specifically for the solar system shall be removed or decommissioned per the utility provider's specifications. If any infrastructure, such as utility poles, transmission lines or underground conduits, is no longer required, the applicant must coordinate with the utility provider for removal or repurposing.
(c) 
Final inspection & compliance: The utility provider must perform a final site inspection to verify that all interconnection points have been properly de-energized and that no risks to grid stability or public safety remain.
(d) 
Utility certification & municipal approval: A written confirmation from the utility provider must be submitted to Code Enforcement, certifying that the system has been safely disconnected and that all utility-owned infrastructure has been addressed. Decommissioning shall not be considered complete until the Code Enforcement Officer receives this confirmation and verifies compliance with all decommissioning requirements.
(3) 
Security.
(a) 
Security shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal of the solar energy system and restoration of the site subsequent to removal. The security shall be an evergreen letter of credit issued an A-rated financial institution (relating to Standard & Poor's Rating Services, Inc. ("S&P") or any successor agency thereto) or an A3 rating financial institution (relating to Moody's Investor Services ("MOODY's") or any successor rating agency thereto) on behalf of the company, substantially in the form attached hereto as Exhibit A.[1] The amount of the security shall be 125% of the established cost of removal of the solar energy system and restoration of the property, with an escalator of 2% annually (or Consumer Price Index change if more than the annual escalator of 2%) for the life of the solar energy system and shall not take into account the net salvage value of any such project components. The Security established by the agreement shall not be subject to disclaimer or rejection in a bankruptcy proceeding.
[1]
Editor's Note: Said exhibit is on file in Town offices.
(b) 
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The security shall remain in full force and effect until 90 days after the restoration of the property, as set forth in the decommissioning plan, is completed.
I. 
Enforcement. Any violations of this section are enforceable pursuant to the enforcement and penalty provisions of the Town Zoning Code. Any solar energy system owner or operator or any owner or lessee of the real property upon which a solar energy system is located shall be liable for any violations of this section.
J. 
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgement of any court of competent jurisdiction to be impaired, illegal, invalid, unenforceable or unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect and shall be fully severed from this Code and there shall be automatically added in lieu thereof, a provision as similar in terms and intent to such severed provision as may be legal, valuable and enforceable.
K. 
Effective date. This section shall take effect immediately upon the filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.