In order to prevent accelerated erosion and resulting sedimentation,
land disturbance activities shall be conducted in conformance with
the following:
A. Site preparation and construction, general.
(1) Excavation, filling, grading and stripping shall be permitted to
be undertaken only in such locations and in such a manner so as to
minimize the potential of erosion and sediment, and so as to minimize
any threat to the health, safety and welfare of neighboring property
owners and the general public.
(2) Site preparation and construction shall be fitted to the vegetation,
topography and other natural features of the site and shall preserve
as many of these features as possible.
(3) Earthmoving, stripping of vegetation and the addition of fill shall
be minimized where possible to preserve natural features and the topography
of the site. Stripping vegetation, regrading or other development
shall be done in a way to minimize erosion.
(4) Erosion and sedimentation devices such as temporary vegetation/mulch,
temporary swales, temporary detention basins, diversion terraces,
rock filter berms, stabilized construction entrance, velocity dissipater,
staked hay bales or silt fences (in areas of minimum flows), appropriate
to the scale of operations shall be installed concurrent with earthmoving
activities and whenever a situation is created which would contribute
to increased erosion.
(5) Land disturbance shall be limited to the actual construction site
and an access strip. The amount of disturbed area and the duration
of the exposure shall be kept to the smallest practical area and time.
(6) Site preparation and construction shall not adversely affect the
free flow of water by encroaching on, blocking or restricting watercourses,
except as permitted by approved detention systems.
(7) Prior to, during and after site preparation and construction, an
integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope, instability and adverse effects
on neighboring property owners.
B. Protection of adjacent properties.
(1) Properties adjacent to the project site shall be protected from sediment
deposition. This may be accomplished by preserving a well-vegetated
buffer strip around the lower perimeter of the site, by installing
perimeter controls such as sediment barriers, filters, dikes, interceptor
drains, or sediment basins or by a combination of such measures.
(2) Vegetated buffer strips may not be used alone except where only runoff
in sheet flow is expected. Buffer strips should be at least 20 feet
in width. If, at any time, it is found by the City Engineer that a
vegetated buffer strip alone is ineffective in preventing sediment
movement onto adjacent property, additional perimeter controls must
be provided by the developer or the owner of the property within a
time period as specified by the City Engineer.
C. Cut-and-fill slopes.
(1) Development shall reflect the topography and soils of the site so
as to create the least potential for erosion. Areas of steep slopes
where high cuts and fills may be required shall be avoided whenever
possible. Unless protected by a retaining wall, a slope must be no
steeper than the angle of repose of the soil type affected.
(2) In the design of cut-and-fill slopes, consideration must be given
to the length and steepness of the slope, the soil type, up-slope
drainage area, groundwater conditions and other applicable factors.
Slopes which in the judgment of the City Engineer are found to be
eroding excessively within one year of construction must be provided
with additional stabilizing measures until the problem is corrected.
D. Fill.
(1) All fill material shall be of a composition suitable for its ultimate
use as fill, free of rubbish and restricted in its content of brush,
stumps, tree, debris, rocks, frozen material and soft or easily compressed
material.
(2) Fill material shall be compacted sufficiently to prevent problems
of erosion, and where the material is to support structures, it shall
be compacted to a minimum of 90% of standard density with proper moisture
control.
(3) Fill shall not encroach on natural watercourses or constructed channels.
E. Drainage system.
(1) The natural drainage system shall generally be preserved in preference
to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring properties.
(2) All drainage systems shall be designed to adequately handle anticipated
flows both within the site and from the entire upstream drainage basin.
(3) Sufficient grades and drainage facilities shall be provided to prevent
the ponding of water, unless such ponding is proposed within the project
plans, in which event there shall be sufficient water flow to maintain
proposed water levels and to avoid stagnation.
(4) Drainage systems, planting and other erosion or sediment control
devices shall be maintained as necessary to provide adequate protection
against erosion and sediment and to ensure that the free flow of water
is not obstructed by the accumulation of silt, debris or other material,
or by structural damage.
F. Vegetation.
(1) Natural vegetation shall be retained and protected wherever possible.
(2) Where slopes are to be revegetated in areas exposed by site preparation,
the slopes shall not be of such steepness that vegetation cannot be
readily established or that problems of erosion or sediment may result.
(3) The developer shall restore vegetative cover in disturbed areas as
directed.
(4) The permanent (final) vegetation and mechanical erosion control measures
shall be installed as soon as practicable, but in no event after the
time specified on the approved erosion and sediment control plan.
(5) Permanent vegetation shall not be considered established until a
ground cover is achieved which, in the opinion of the City Engineer,
is mature enough to control the soil erosion satisfactorily and to
survive severe weather conditions.
G. Stabilization of denuded areas and soil stockpiles. Permanent or
temporary soil stabilization must be applied to denuded areas within
15 days after final grade is reached on any portion of site. Soil
stabilization must also be applied within 15 days to denuded areas
which may not be at final grade but will remain dormant (undisturbed
for longer than 60 days).
H. Sediment basins. Sediment basins, debris, basins, desilting basins,
silt traps or filters shall be installed and maintained to remove
sediment from runoff waters from land undergoing development.
I. Timing and stabilization of sediment trapping measures. Sediment
basins and traps, perimeter dikes, sediment barriers and other measures
intended to trap sediment on-site must be constructed as a first step
in grading and must be made functional before any up-slope land-disturbing
activity takes place. Earthen structures such as dams, dikes and diversions
must be seeded and mulched within 15 days of installation.
J. Stabilization of waterways and outlets.
(1) All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a ten-year-frequency
storm without erosion. Stabilization adequate to prevent erosion must
also be provided at the outlets of all pipes and paved channels.
(2) Where in-channel work is necessary, precautions must be taken to
stabilize the work area during construction to minimize erosion. The
channel (including bed and banks) must be restabilized immediately
after in-channel work is completed.
K. Storm sewer inlet protection. All storm sewer inlets which are made
operable during construction shall be protected so that sediment-laden
water will not enter the conveyance system without first being filtered
or otherwise treated to remove sediment.
L. Underground utility construction.
(1) The construction of underground utility lines involving installation,
maintenance or repair which disturbs more than 10,000 square feet
shall be subject to the following criteria:
(a)
No more than 500 feet of trench are to be opened at one time.
(b)
Where consistent with safety and space considerations, excavated
material is to be placed on the uphill side of trenches.
(c)
Trench dewatering devices shall discharge in a manner which
will not adversely affect flowing streams, drainage systems or off-site
property.
(2) Individual service connections, telephone and electric lines and
underground public utility lines under existing hard-surfaced roads,
streets or sidewalks (provided such land-disturbing activity is confined
to the area which is hard-surfaced) are exempt from the above requirements.
M. Construction of access routes. Wherever construction vehicle access
routes intersect paved public roads, provisions must be made to minimize
the transport of sediment (mud) by runoff or vehicle tracking onto
the paved surfaces. Where sediment is transported onto a public road
surface, the roads shall be cleaned thoroughly at the end of each
day. Sediment shall be removed from roads by shoveling or sweeping
and transporting of temporary measures shall be permanently stabilized
to prevent further erosion and sedimentation.
N. Disposition of temporary measures. All temporary erosion and sediment
control measures shall be disposed of within 30 days after final site
stabilization is achieved, unless otherwise authorized by the City
Engineer. Trapped sediment and other disturbed soil areas resulting
from the disposition of temporary measures shall be permanently stabilized
to prevent erosion and sedimentation.
O. Maintenance. All temporary and permanent erosion and sediment control
practices must be maintained and repaired as needed to assure continued
performance of their intended functions.
The following provisions shall apply to all nonconforming or
noncomplying uses, buildings and structures existing on the effective
date of this chapter, to all buildings and uses that may become nonconforming
or noncomplying by reason of any subsequent amendment to this chapter
and the Zoning Map which is a part thereof and to all complying buildings
housing nonconforming uses:
A. Existing nonconforming uses.
(1) Any lawful nonconforming use of buildings or open land in existence
on the effective date of this chapter may be continued indefinitely
if maintained in accordance with all applicable codes, ordinances,
regulations and other requirements, but:
(a)
Shall not be enlarged, altered, extended, reconstructed or restored,
or placed on a different portion of the lot or parcel of land occupied
by such use on the effective date of this chapter, nor shall any external
evidence of such use be substantially increased by any means whatsoever;
(b)
Shall not be moved to another location where such use would
be nonconforming;
(c)
Shall not be changed to another nonconforming use; and
(d)
Shall not be reestablished if such use has been discontinued
for any reason, whether through vacancy or cessation of use, for a
period of one calendar year or longer, or has been changed to or replaced
by a conforming use. The intent to resume a nonconforming use shall
not be deemed as conferring the right to do so.
(2) While a nonconforming use may be extended, nothing contained herein
shall prohibit the extension of a lawful use to any portion of a noncomplying
building or structure which existed prior to the effective date of
this chapter. No nonconforming use shall, however, be extended to
displace a presently conforming use.
B. Nonconforming buildings. Normal repair and maintenance of a noncomplying
building, or structural alteration of, or expansion of a noncomplying
building or structure declared unsafe by the Building Inspector or
other proper authority, may be restored to a proper condition within
the time period provided by such authority.
C. Restoration after damage. Nothing contained in this article shall
be deemed to prevent the restoration of a lawful nonconforming building
or use after damage, provided that the following conditions are complied
with: the building, height and areas shall not be in excess of that
which existed prior to the damage, and that the building be restored
with the design and materials similar to the building as it existed
prior to the damage, and all applicable New York State Uniform Fire
Prevention and Building Code provisions be fully complied with, and
the restoration be commenced within 12 months of the damage or within
12 months of the termination of insurance settlement litigation, whichever
is later, and be fully completed within three calendar years of such
occurrence or settlement, or the use of such buildings or lands as
a legal nonconforming use shall thereafter be terminated.
[Amended 8-4-2005 by L.L. No. 7-2005]
D. Completion. Nothing in this article shall prohibit the completion
of any lawful structure for which the excavation has been prepared
and the foundation walls constructed at the date this chapter takes
effect; provided, however, that the construction must be completed
within a period of one year from that date.
There shall be only one principal building per lot in residential
districts, except that multifamily residential complexes are permitted
with more than one principal building per lot.
Any lot held in single and separate ownership prior to the adoption
of this chapter, whose area and/or width and/or depth are less than
the specified minimum lot requirements of this chapter for the district,
is considered as complying with such minimum lot requirements, and
no variance shall be required, provided that:
A. Such lot does not adjoin other undersized lot or lots held by the
same owner, whose aggregate area is equal to or greater than the minimum
lot area required for that district.
B. Such lot has an area of at least 5,000 square feet and a minimum
width of at least 50 feet.
C. All other requirements for that district are complied with.
No fence, shrub, tree, planting or any structure, including
fences, which is higher than three feet above gutter grade or which
obstructs the view of motorists or creates other traffic hazards shall
be constructed within 50 feet of intersecting street lines.
Regulations governing swimming pools within the City of Glens Falls are contained in Chapter
194 of the City Code and are included herein as Attachment B.
The height limitations of this chapter, as enumerated in each
district, shall not apply to the following structures: church spires,
belfries, cupolas, domes not used for human occupancy, chimneys, ventilators,
skylights, water tanks, bulkheads and other necessary mechanical appurtenances
usually carried above the roof level, parapet wall or cornice for
ornament, extending above such height limit not more than five feet;
radio, or television receiving antenna, or a public utility transmission
tower or cable. No such uses shall in their aggregate coverage occupy
more than 20% of the roof area on which located.
No burial or memorial plats or buildings shall be located closer
than 50 feet to any residential lot line, except when a dense evergreen
hedge or a wall on fence at least six feet in height, providing complete
visual screening from all adjacent residential property, is provided.
Burial or memorial plats of less than six feet in height may be located
no closer than 20 feet to any residential lot line. Crematories shall
be located only in cemeteries.
The attachments contained in this chapter are hereby made part
of this chapter and shall be deemed as applicable as hereinafter provided
for.