Except where incidental to the construction of a building on
the same lot, the excavation, extraction, processing or sale of topsoil,
earth, sand, gravel, clay or other natural deposits and the collection
and bottling of spring or other water products are subject to the
following standards:
A. Such activity shall not endanger the stability of adjacent land structures,
streets, waterways or other property, nor constitute a hazard to public
health, safety and general welfare by reason of excessive levels of
dust, noise, traffic, stormwater erosion or sedimentation or other
conditions. The Board shall specify any reasonable requirements to
safeguard the public health, safety and general welfare in granting
such permit.
B. Excavated or stockpiled slopes shall not exceed the normal angle
of repose of such material. All operations shall be planned and conducted
to avoid any sliding, undermining, or other movement or subsidence
of material within the lot or on adjoining land or of the land itself.
C. Neither the top nor the base of such slopes shall be nearer than
100 feet to any property line.
D. A plan for reclamation and restoration of any excavation or extraction
area shall accompany the application for a permit to avoid any long-term
adverse impacts on public health, safety and general welfare. The
Board, upon approval of such plan, may require a performance bond
to assure rehabilitation of sites in conformity with the plan. Any
permits required to be issued by the New York State Department of
Environmental Conservation shall precede Board action.
E. Any accompanying structures or processing facilities shall be so
located as not to interfere with the visual qualities or open space
character of the land or any adjoining uses.
Gasoline stations; automobile and vehicle sales, rental, service
and washing; boat sales and service; snowmobile sales, service and
storage; building materials sales and storage; fuel sales and storage;
heavy equipment sales and storage; light manufacturing/assembly; manufactured
housing sales and service; research/scientific/technological facilities;
self-service storage facilities; and warehouses shall be subject to
the following:
A. Ingress and egress shall be designed to minimize traffic congestion
and hazards, and the number and location of driveways shall be subject
to the approval of the Board. Gasoline station and automobile and
vehicle wash uses shall provide at least four off-street stacking
spaces per bay or pump island, and all uses shall be designed to avoid
any stacking of entering vehicles in travel lanes of adjoining streets.
B. Such use shall be adequately fenced and screened from any adjacent
residential property, and lighting shall be directed away from adjacent
properties and streets.
C. The minimum distance between gasoline or other fuel pump islands,
between a building and any pump islands and between the street line
and any pump islands, shall be 20 feet.
D. No vehicle wash water, other wastewater, oil or other waste liquids
or particulate wastes in stormwater shall drain onto adjoining streets
or lots or otherwise create hazardous, contaminated or unsightly conditions
because of surface drainage.
E. At a gasoline station use, limited exterior storage of dismantled
or disabled motor vehicles, parts or salvage material may be permitted
with the approval of the Planning Board.
In addition to all other requirements of this chapter, the following
requirements shall apply to all lots fronting on, containing, or having
access to the shoreline of any lake, pond, river or stream navigable
by a boat:
A. Setbacks.
(1) The minimum setback (yard dimension) from the shoreline of all principal
and accessory buildings or structures occupying a lot in excess of
100 square feet, other than docks and boathouses, shall be shown on
Attachment 1 of this chapter for the respective districts, as follows:
|
RV, RS, CB
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50 feet
|
|
RS-1, RS-2
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75 feet
|
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RR
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100 feet
|
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OS:
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|
|
|
One-family dwelling
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100 feet
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|
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Other uses
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125 feet
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(2) Accessory structures such as lean-tos, gazebos and similar structures
occupying a lot area of less than 100 square feet within the above
shoreline setbacks shall be subject to review and approval by the
Planning Board.
(3) Shoreline setbacks in a planned district shall not be less than the
setbacks required within the district prior to designation of the
area as a planned district.
(4) In all districts, in accordance with the Town's Sanitary Code, the
minimum setback of any on-site sewage disposal field, seepage pit,
or other leaching facility shall be 100 feet from the shoreline of
any body of water, whether navigable or non-navigable, including intermittent
streams with defined beds and banks.
B. Removal of vegetation. The cutting and removal of vegetation, including
trees, will be permitted on shoreline lots, provided the following
standards are met:
(1) Within 35 feet of the shoreline, no more than 30% of the trees in
excess of six inches in diameter at breast height existing at any
time may be cut over any ten-year period; and, in addition, no vegetation
may be removed within six feet of the shoreline, except that a maximum
of 30% of the shoreline frontage, but not exceeding 100 feet of frontage,
may be cleared of vegetation.
(2) The above will not be deemed to prevent the removal of diseased vegetation
or of rotten or damaged trees that present safety or health hazards
or cutting of grass and pruning of shrubs or trees as part of continuing
property maintenance.
C. Minimum lot frontage and other requirements for contractual access
lots.
(1) Contractual access generally prohibited. Contractual access use of
a shoreline lot by other lots not having shoreline frontage, for purposes
of boating, swimming, or other water-related access and activity by
such other lots, is prohibited in any district, except in the case
of the following:
(b)
Conversion and subdivision of resort club or lodge facilities
for one-family dwellings, whether approved as a planned district or
under a waiver of nonapplicability.
(2) Minimum shoreline frontage of contractual access lot where permitted. Except as may be approved by the Planning Board for marinas in accordance with §
480-15 and Subsection
E of this section, the following minimum frontages will be required in all districts for lots providing contractual access to any body of water for existing and future dwelling units not having separate and distinct ownership of shoreline frontage for purposes of boating, swimming, or other similar water-related recreation activities:
(a)
Two to five dwelling units: at least 100 feet of frontage.
(b)
More than five and not more than 20 dwelling units: 100 feet,
plus at least 10 feet of shoreline frontage for each dwelling unit
in excess of five units.
(c)
In no case may the number of dwelling units granted contractual
access exceed 20 units on any single parcel.
(3) Other standards.
(a)
Notwithstanding compliance with minimum shoreline frontages
above, a shoreline lot intended to be developed for any contractual
access shall have a minimum lot depth of 100 feet between the streetfront
or other front line and the shoreline.
(b)
Existing undeveloped shoreline lots already granting contractual
access to other lots, or new shoreline lots where contractual access
may be permitted, may be improved and developed for such contractual
access, subject to the issuance of a permit, if authorized by the
Planning Board following site plan review in accordance with Appendix
B. Proposed site plans shall be submitted to the Planning
Board clearly identifying and delineating all areas and facilities
to be developed for swimming, boating and other recreation activity;
supporting services; vehicular and pedestrian access and parking;
and other features. The proposed extent of removal of vegetation and
grading and other disturbance of natural surfaces shall be identified.
Dwelling units and lots having or to be granted contractual access
shall be identified; a document identifying and explaining the proposed
form of granting of contractual access shall be provided. In reviewing
and determining whether or not to authorize a permit, the Planning
Board shall review such documentation in terms of these shoreline
requirements and other provisions of this chapter and shall also consider
whether or not such use will unreasonably impair the natural character
and appearance of the lot, overcrowd the lot or the adjacent water
surface, produce unreasonable noise and other disturbance of surrounding
lots, or is likely to pose any substantial environmental hazards or
other adverse effects to persons, property, navigation, or natural
resources, including damage to the environment due to leakage or spills
of fuels, lubricants, and other waste products and pollutants.
(c)
No buildings or structures other than docks, toilet and changing
facilities, public shelters and similar structures accessory to the
primary use of the lot shall be constructed or placed on the shoreline
lot. Boathouses for contractual access use are not permitted. Buildings,
structures and other facilities shall meet all other requirements
of this chapter. Use of all facilities on the lot shall be based only
on prior granting of contractual access to such users. This shall
not be construed to prohibit maintenance or other charges and fees
for such use where such fees are part of contractual access arrangements.
(d)
Maximum natural vegetation shall be maintained on the lot; proposed
clearing of existing vegetation beyond limits reasonably necessary
for access and other facilities shall be a basis for disapproval of
a permit by the Planning Board. Where a beach or docks are planned,
an adequate natural or planted vegetation buffer behind the beach
or docks shall be established to effectively screen any parking areas
and buildings from the water. Any parking areas shall be set back
from the shoreline a minimum of 100 feet.
(e)
For-profit food or other business activities of any kind are
prohibited on the lot.
(f)
Nothing herein shall serve to permit any such use, activity,
or other public assembly on a shoreline lot except in full compliance
with all other applicable laws, regulations and codes.
(4) Contractual access shall not be interpreted to mean recreation use
of a shoreline lot by the owners and occupants of dwellings on lots
adjoining the shoreline lot and in the same ownership as the shoreline
lot, including a lot separated from the shoreline lot by a street.
D. Accessory boathouse, docks, and other waterfront structures and facilities.
(1) Number of docks and boathouses.
(a)
One boathouse and one dock shall be permitted on any shoreline
lot containing at least one residential structure, including any shoreline
lot separated by a street from the dwelling lot in the same ownership.
(b)
Additional docks may be permitted after review and approval
by the Planning Board, subject to the following limitations. Said
limitations shall also apply where contractual access to the shoreline
is involved.
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Shoreline Frontage
(feet)
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Maximum Total Number of Docks and Boathouses
|
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Less than 200
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1 dock, plus 1 boathouse
|
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200 to 299
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2 docks, plus 1 boathouse
|
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300 to 499
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3 docks, plus 1 boathouse
|
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500 or more
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4 docks, plus 1 boathouse
|
(c)
Any type of unroofed walkway or deck over the water and attached
to a boathouse shall be deemed to constitute a dock.
(2) Boathouses and docks shall not extend more than 40 feet into the
water or to a six-foot depth of water, whichever comes first, measured
from the shoreline, except that such structures shall in no case extend
into the water to any distance which interferes with navigation or
with access to adjoining lots. All boathouses and docks shall conform
to the required side yard setback applying to a principal building
in the district.
(3) No component of a dock shall exceed eight feet in width; the surface
area of a dock, including all finger docks or similar components,
shall not exceed 300 feet in area.
(4) Boathouses or docks shall not be constructed to dam, deflect, or
impede the flow of water at the mean high-water elevation.
(5) One mooring buoy and one swimming float of not more than 100 square
feet of surface area shall be permitted in the waters adjacent to
and within the boundaries of the extensions of the side lot lines
of a lot; provided, however, that such objects and boats secured to
such objects shall not extend more than 100 feet from the shoreline
or beyond the boundaries of the extension of side lot lines; further
provided that such objects may in no case be placed in a navigable
channel or in any location in which they might pose navigation hazards
or interfere with navigation or with access to adjoining lots.
E. Marina. Where permitted in a district, all marina buildings and other structures and facilities comprising such use shall be subject to all provisions of Subsection
D above, except limitations in surface area of a dock, and all provisions of Attachment 1 and §
480-15, Conditional use standards and procedures.
F. Nothing herein provided shall waive or otherwise serve to modify
any requirements of the New York State Department of Environmental
Conservation under Article 15, Title 5, of the Environmental Conservation
Law, any shoreline restrictions of the Adirondack Park Agency Act,
nor any other provisions of state or federal law or regulation controlling
or affecting any waters within the Adirondack Park. Any permitted
shoreline uses shall also comply with all such state and federal regulations.