A.
Statement of policy. Pursuant to § 261-b
of the New York State Town Law, the Town of Galway hereby establishes
a policy of encouraging the preservation of open space and agricultural
lands and the provision of facilities and amenities that would benefit
the Town by providing incentive(s) to applicants seeking approval
of a major subdivision plat.
B.
Purpose. The purpose of the Town's system of incentive
zoning is to advance the goals and polices expressed in the Town Comprehensive
Plan. Pursuant to a findings statement adopted after the review and
acceptance of a final generic environmental impact statement that
analyzes the potential environmental effects associated with adoption
of this section, the Town Board hereby finds that the system of incentive
zoning set forth in this section is consistent with the Town Comprehensive
Plan and that such incentives are compatible with the development
otherwise permitted in the residential districts as set forth in this
chapter. As set forth below, the Town Board has established standards
for the proper application of incentive zoning and the specific findings
the Planning Board shall make prior to approving an adjustment to
the maximum unit density requirements of this chapter.
C.
Grant of authority. In considering an application
for approval of a major subdivision development project, the Planning
Board is hereby authorized to adjust the maximum density requirements
of the zoning district in which the property is located in exchange
for one or more of the specifically identified incentives, and in
accordance with the standards and conditions set forth below.
D.
Applicability. The incentives set forth herein shall
be applicable only to land parcels zoned for residential uses in the
AO District, and where active agricultural uses are taking place and
for which an application for approval of a major subdivision pursuant
to the Town of Galway Subdivision Law has been submitted, subject
to final approval.[1]
E.
Incentives. Notwithstanding any contrary provision
of the Town Law or this chapter that limits or restricts the maximum
unit density of a proposed subdivision, an applicant for a major subdivision
may apply for an incentive adjustment to the maximum unit density
requirements of this section in exchange for the following benefits:
(1)
Open space for conservation or agriculture.
(a)
This incentive may be applied to any major subdivision
in the AO District. The calculation of the incentive is based on the
maximum density for a major subdivision as determined by the Planning
Board. For the permanent preservation of not less than 50% of the
gross land area of a proposed major subdivision, an increase of 20%
to the maximum unit density for the zoning district may be approved.
(b)
In addition to the incentive adjustment in Subsection
D(1)(a), above, the Planning Board may authorize an additional incentive
adjustment for the dedication of land for public use as follows. In
no event shall the total adjustments exceed 50% of the base maximum
density for the major subdivision as determined by the Planning Board.
For the dedication of not less than 10 contiguous acres of land for
public use for trails or active or passive recreation, a increase
of 15% to the maximum unit density for the zoning district may be
approved. Such dedication shall be by permanent easement.
F.
Findings. Before approving an adjustment to the maximum
unit density requirements of this section in exchange for one or more
of the identified benefits, the Planning Board shall make the following
specific findings:
(1)
That the proposed adjustments would not have a significant
adverse impact on the property, or to adjoining property, or to the
neighborhood in which the property is situate.
(2)
That the open space protected pursuant to this section
would maximize "conservation or agricultural value," which may include,
but is not limited to, recreational, historic, ecological, agricultural,
water resource, scenic or other natural resource value.
(3)
That proper surety or performance guarantees between
the applicant and the Town covering future title, dedication and provisions
for the costs of land or improvements are or will be in existence
as of the date the final plat map is signed by the Chairman of the
Planning Board.
(4)
That the proposed adjustments would not adversely
affect the public health, safety or welfare, or those of the residents
of the project or neighboring lands.
(5)
That the necessary water and septic requirements can
be met with the proposed density adjustments.
A.
Purpose. A conservation subdivision accomplishes the
purposes above by reducing the generally applicable minimum lot size
and bulk requirements of the Town of Galway Zoning for the district
in which the property is located and by locating residences in those
areas where development would have the least impact on identified
natural and community resources. In conformance with the Town's Comprehensive
Plan, the purposes of cluster/conservation subdivision are as follows:
(1)
To conserve open land, including those areas containing
unique and sensitive natural features such as steep slopes, streams,
floodplains, critical wildlife habitats, and wetlands, by setting
them aside from development.
(2)
To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity
to reduce length of roads and the amount of paving required.
(3)
To provide for a diversity of lot sizes and housing
choices to accommodate a variety of age and income groups.
(4)
To conserve a variety of resources lands as established
in the Town of Galway Comprehensive Plan.
(5)
To protect agricultural areas by conserving blocks
of land large enough for continued agricultural operations.
(6)
To create neighborhoods with direct visual or physical
access to open land and that have strong neighborhood identity that
is consistent with the rural character of Galway.
(7)
To provide standards reflecting the varying circumstances
and interests of individual landowners and the individual characteristics
of their properties.
(8)
To conserve elements of the Town's rural character,
and to minimize views of new development from existing roads.
B.
Applicability, uses and density.
(1)
Applicability. The Planning Board shall apply clustered
or conservation subdivision according to the district requirements.
(2)
Permitted, accessory and special permit uses. Permitted,
accessory and special permit uses within a cluster/conservation subdivision
shall be the same as those otherwise allowed in the zoning district
in which the development is located.
(3)
Density. The permitted number of dwelling units shall
not exceed the number of units that would be permitted if the land
were subdivided into lots conforming to the minimum lot size and density
requirements of the Town of Galway Zoning applicable to the district
or districts in which such land is situated and conforming to all
other requirements of the Town of Galway Zoning. The maximum permitted
number of dwelling units shall be determined by deducting from the
total tract area:
(4)
Unit mix. The conservation subdivision design may
include a mix of single-family and multifamily dwellings as a means
of achieving housing diversity and preserving open space if such multifamily
dwellings are allowed in the district. Within the conservation subdivision,
the number of multifamily units shall be limited to not more than
1/3 of the total number of dwelling units.
C.
Cluster and conservation subdivision design process.
(1)
Once the maximum permissible number of lots in a cluster/conservation
subdivision has been established, the next step is to create a design
layout. This layout shall include an identification of primary and
secondary conservation lands within a parcel(s), which includes those
elements most highly valued by the community.
(2)
Sketch plan. A sketch plan shall be submitted by the
applicant as a diagrammatic basis for informal discussions with the
Planning Board regarding the design of a proposed subdivision or land
development. The purpose of a sketch plan is to facilitate an expedient
review of proposed new subdivisions in conformance with the Town Zoning
Law and Comprehensive Plan. To provide a full understanding of the
site's potential and to facilitate the most effective exchange with
the Planning Board, the sketch plan shall include an existing resources
map and site analysis plan including the information listed below.
(a)
Slopes: slopes of 20% or greater.
(b)
Water resources: wetlands, aquifer and aquifer
recharge areas, if known, municipal water supply areas, flood-prone
areas as shown on Federal Emergency Management Agency maps, streams.
(c)
Agricultural lands: active farmland within a
New York State certified Agricultural District, or lands within 500
feet of a New York State certified Agricultural District, or soils
classified in groups 1 to 4 of the New York State Soil Classification
System.
(d)
Community water and/or sewer: sites where community
sewer, community water, or community water and sewer are available
or planned.
(e)
Critical environmental areas. lands within or
contiguous to a Critical Environmental Area designated pursuant to
Article 8 of the Environmental Conservation Law, if any.
(f)
Designated open space areas: lands contiguous
to publicly owned or designated open space areas, or privately owned
designated natural areas.
(g)
Historic structures and sites: historic structures
or areas of national, state or local importance, if any.
(h)
Scenic viewsheds and special features: sites
bordering or in known scenic locations identified in the Town's Comprehensive
Plan.
(i)
Significant natural areas and features: areas
with rare vegetation, significant habitats, or habitats of endangered,
threatened or special concern species as determined by the New York
Department of Environmental Conservation (Natural Heritage Program),
mature forests over 100 years old, locally important vegetation (such
as trees over 24 inches in diameter at breast height), or unique natural
or geological formations.
(j)
Trails: existing and potential trails, bikeways,
and pedestrian routes of Town, state or county significance.
(k)
Recreation: lakes, ponds or other significant
recreational areas, or opportunities or sites designated in the Town's
Comprehensive Plan.
(l)
An existing resources and site analysis plan
shall be prepared to provide the developer and the Planning Board
with a comprehensive analysis of existing conditions, both on the
proposed development site and within 500 feet of the site. Conditions
beyond the parcel boundaries may be generally described on the basis
of existing published data available from governmental agencies, or
from aerial photographs.
(m)
Topography, the contour lines of which shall
be at two-foot intervals.
(n)
General locations of vegetative cover conditions
on the property according to general cover type, including cultivated
land, grass land, old field, hedgerow, woodland and wetland, isolated
trees with a caliper in excess of 24 inches, the outline of existing
trees and woodlands.
(o)
Any ridgelines on the property shall be identified.
(p)
The location and dimensions of all existing
streets, roads, buildings, utilities and other man-made improvements.
(q)
Locations of all historically significant sites
or structures on the tract and on any abutting tract.
(r)
All easements and other encumbrances of property
which are or have been filed of record with the Saratoga County Clerk's
Office shall be shown on the plan.
(s)
Location of any prime farmland soils, soils
of statewide importance, and active agricultural lands.
(3)
Preliminary plan documents. A preliminary cluster/conservation subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of §§ 100-3 through 100-22 of the Galway Subdivision Law:
(a)
Preliminary plan. The submission requirements
for a preliminary plan include the requirements for sketch plans listed
above and the submission requirements of the Subdivision Regulations,
and the existing resources and site analysis plan. The Planning Board
shall review the plan to assess its accuracy and thoroughness. Unless
otherwise specified by the Planning Board, such plans shall generally
be prepared at the scale of one inch equals 100 feet or one inch equals
200 feet, whichever would fit best on a single standard-size sheet
24 inches by 36 inches.
(4)
Four-step design process for cluster and conservation
subdivisions. All sketch plans shall include Step 1 of the four-step
design process. All preliminary plans shall include documentation
of the four-step design process in determining the layout of proposed
open space lands, house sites, streets and lot lines, as described
below.
(a)
Step 1: Delineation of Open Space Lands. Proposed
open space lands shall be designated using the existing resources
and site analysis plan as a base map. Primary conservation areas shall
be delineated comprising streams, floodplains, wetlands and slopes
over 15%. In delineating secondary conservation areas, the applicant
shall prioritize natural and cultural resources on the tract in terms
of their highest to least suitability for inclusion in the proposed
open space, in consultation with the Planning Board, to create a prioritized
list of resources to be conserved. On the basis of those priorities
and practical considerations given to the tract's configuration, its
context in relation to resource areas on adjoining and neighboring
properties, and the applicant's subdivision objectives, secondary
conservation areas shall be delineated to meet at least the minimum
area percentage requirements for open space lands and in a manner
clearly indicating their boundaries as well as the types of resources
included within them. Calculations shall be provided indicating the
applicant's compliance with the acreage requirements for open space
areas on the tract. The result is potential development areas.
(b)
Step 2: Location of House Sites. Potential house
sites shall be tentatively located, using the proposed open space
lands as a base map as well as other relevant data on the existing
resources and site analysis plan. House sites should generally be
located not closer than 100 feet to primary conservation areas and
50 feet to secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the positive benefits of such locations to provide
attractive views and visual settings for residences.
(c)
Step 3: Alignment of Streets and Trails. Upon
designating the house sites, a street plan shall be designed to provide
vehicular access to each house, complying with the standards identified
herein and bearing a logical relationship to topographic conditions.
Impacts of the street plan on proposed open space lands shall be minimized,
particularly with respect to crossing environmentally sensitive areas
such as wetlands and traversing slopes exceeding 20%. Existing and
future street connections are encouraged to eliminate the number of
new culs-de-sac to be maintained by the Town and to facilitate access
to and from homes in different parts of the tract and adjoining parcels.
Culs-de-sac are appropriate only when they support greater open space
conservation or provide extensive pedestrian linkages.
(d)
Step 4: Drawing In the Lot Lines. Upon completion
of the preceding three steps, lot lines are drawn as required to delineate
the boundaries of individual residential lots.
(e)
Note on the Four-Step Site Design Process for
hamlets and adjoining villages. The design process for developing
cluster subdivisions in or adjacent to hamlets and villages shall
be a variation on the four-step process for conservation subdivisions,
as described herein. In hamlets and near villages, where traditional
streetscape and "terminal vistas" are of greater importance, Steps
2 and 3 may be reversed so that streets and squares are located during
the second step and house sites are located immediately thereafter.
The first step is to identify open space lands, including both primary
and secondary conservation areas.
D.
Dimensional standards. Within the framework of limitations
set forth in this section of the chapter, the Planning Board shall
establish, on a case-by-case basis, the appropriate modifications
of lots, bulk and other requirements which it has determined are necessary
or appropriate to properly accomplish the purposes of this chapter.
Lots shall be arranged in a way that preserves open space as conservation
areas as described in this section.
(1)
Minimum required open space: A cluster/conservation
subdivision must preserve at least 50% of the tract's total acreage
as open space land. Parking areas and roads shall not be included
in the calculation of the minimum required open space. At least 50%
of such open space shall be usable for active recreational or agricultural
activities and not include water bodies, wetlands, floodplains, or
slopes greater than 20%.
(2)
Minimum street frontage: 40 feet.
(3)
Yard regulations: The builder or developer is urged
to consider variations in the principal building position and orientation,
but shall have a minimum of 30 feet separation for principal buildings,
with no side yard less than 10 feet.
(4)
Maximum impervious coverage. No more than 35% of any
given acre shall be covered with impervious surface in the form of
access drives, parking areas or structures.
(5)
Minimum lot size. The minimum lot size for developments
in fee simple ownership shall be equal to that required by the New
York State Department of Health to meet standards for water and septic
system approvals.
E.
Open space standards:
(1)
The required open space land consists of a combination
of primary conservation areas and secondary conservation areas. The
proposed subdivision design shall strictly minimize disturbance of
these environmentally sensitive areas. Primary conservation areas
shall be included in the required open space area to the greatest
extent practical. The applicant shall also demonstrate that such features
will be protected by the proposed subdivision plan. Secondary conservation
areas include special features of the property that would ordinarily
be overlooked or ignored during the design process such as agricultural
lands, woodlands, significant natural areas and features, stone walls,
hedgerows, meadows, historic structures and sites, historic rural
corridors, scenic viewsheds, and trails. Secondary conservation areas
shall be included in the required open space area to the greatest
extent practical such that protecting these resources will, in the
judgment of the Planning Board, achieve the purposes of this section.
(2)
Open space lands shall be laid out to enable an interconnected
network of open space.
(3)
Active agricultural land with farm buildings may be
used to meet the minimum required open space land. Access to open
space land used for agriculture may be appropriately restricted for
public safety and to prevent interference with agricultural operations.
Land used for agricultural purposes shall be buffered from residential
uses, either bordering or within the tract, by a setback at least
200 feet deep, if practical. No clearing of trees or understory growth
shall be permitted in this setback (except as may be necessary for
street or trail construction). Where this buffer is unwooded, the
Planning Board may require vegetative screening to be planted, or
that it be managed to encourage natural forest succession through
"no-mow" policies and the periodic removal of invasive alien plant
and tree species.
(4)
Open space land should generally remain undivided.
No individual parcel of common open space shall be less than one acre
except as to roadway median strips, traffic islands, walkways, trails,
courtyards, play areas, recreation facilities, drainageways leading
directly to streams, historic sites or unique natural features requiring
common ownership protection.
(5)
No portion of any house lot may be used for meeting
the minimum required open space land unless encumbered with a restriction.
(6)
The required open space may be used, without restriction,
for underground drainage fields or for individual or community septic
systems.
(7)
Stormwater management ponds or basins may be included
as part of the minimum required open space, as may land within the
rights-of-way for underground utilities. However, land within the
rights-of-way of high-tension power lines shall not be included as
comprising part of the minimum required open space.
F.
Evaluation criteria.
(1)
House lots shall not encroach upon primary conservation
areas, and their layout shall respect secondary conservation areas.
(2)
Views of house lots from exterior roads and abutting
properties shall be minimized by the use of changes in topography,
existing vegetation, or additional landscaping which meets the landscaping
requirements of this chapter and the Subdivision Regulations.[1]
(3)
House lots shall generally be accessed from interior
streets, rather than from roads bordering the tract. New intersections
with existing public roads shall be minimized. Although two accessways
into and out of subdivisions containing 20 or more dwellings are generally
required for safety, proposals for more than two entrances onto public
roads shall be discouraged if they would unnecessarily disrupt traffic
flow or unduly impact the environment.
(4)
At least three-quarters of the lots shall directly
abut or face conserved open space, if practical.
(5)
The Planning Board shall evaluate proposals to determine
whether the proposed layout:
(a)
Protects all floodplains, wetlands, and steep
slopes from clearing, grading, filling or construction.
(b)
Preserves and maintains mature woodlands, existing
fields, pastures, meadows, and orchards, and creates sufficient buffer
areas to minimize conflicts between residential and agricultural uses.
(c)
Sites dwellings on the least prime agricultural
soils, or in locations at the edge of a field, as seen from existing
roads if development is on open fields.
(d)
Leaves scenic views and vistas unblocked or
uninterrupted, particularly as seen from public thoroughfares. A deep
no-build, no-plant buffer is recommended along the road where those
views or vistas are prominent or locally significant.
(e)
Maintains or creates a buffer of natural native
species vegetation of at least 100 feet in depth adjacent to wetlands
and surface waters, including creeks, streams, springs and ponds.
(f)
Designs around existing hedgerows and tree lines
between fields or meadows and minimizes impacts on large woodlands
greater than five acres.
(g)
Designs around and preserves sites of historic,
archeological or cultural value insofar as needed to safeguard the
character of the feature.
(h)
Provides open space that is reasonably contiguous.
(i)
Protects wildlife habitat areas of species listed
as endangered, threatened, or of special concern by the New York State
Department of Environmental Conservation.
G.
Streets and driveways.
(1)
Common driveway access may be provided. A pedestrian
circulation and/or trail system may be designated and installed sufficient
for the needs of residents, as deemed practical by the Planning Board.
(2)
Cluster/Conservation subdivision streets shall meet
the Town street specifications. Any private roads may not be deeded
to the Town unless the roads are constructed or improved in full accordance
with the Town road specifications at the sole cost of the subdivider
or the homeowners' association. The homeowners' association shall
also be responsible for maintenance of private roads not accepted
by the Town.
(3)
From an aesthetic and speed control perspective, curving
roads are preferred in an informal rural cluster to avoid long, straight
segments. Shorter straight segments connected by 90° and 135°
bends are preferred in a more formal or traditional arrangement.
(4)
Whenever appropriate, street systems should produce
terminal vistas of open space in accordance with the conservation
emphasis of the subdivision design and to positively contribute to
the Town's open space goals.
(5)
The use of curves should be considered for local access
streets in cluster subdivisions in conjunction with long, horizontal
curve radii (at least 250 feet) and where traffic speeds will not
exceed 30 miles per hour.
(6)
Single-loaded streets are encouraged alongside conservation
areas to provide views of the conservation lands for residents and
visitors.
(7)
Common areas and both sides of new streets should
be landscaped with native species of shade trees.
H.
Permanent protection of open space.
(1)
All undivided open space and any lot capable of further
subdivision shall be restricted from further subdivision through one
of the following:
(2)
The conservation easement or deed restriction shall
restrict development of the open space and allow the use of such space
only for agriculture, forestry, recreation or similar purposes. The
Town Board, with the advice of the Town Planning Board, shall approve
the form and content of any easement, declaration, or restriction.
The restriction shall be made a condition of the final plat approval.
A conservation easement will be acceptable if:
[Amended 10-14-2008 by L.L. No. 2-2008]
(a)
The conservation organization is acceptable
to the Town and is a bona fide conservation organization as defined
in Article 49 of the New York State Environmental Conservation Law.
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the conservation
organization or Town of Galway becomes unwilling or unable to continue
carrying out its functions.
(c)
A maintenance agreement acceptable to the Town
is established between the owner and the conservation organization
or Town of Galway to insure perpetual maintenance of the open space.
(d)
The conservation easement or other legally binding
instrument shall permanently restrict the open space from future subdivision,
shall define the range of permitted activities, and, if held by a
conservation organization, shall give the Town the ability to enforce
these restrictions.
(3)
Open space land may be held in any form of ownership
that protects its conservation values such as where the open space
is owned in common by a homeowners' association (HOA). Open space
may also be dedicated to the Town, county or state governments, transferred
to a nonprofit organization, or held in private ownership. Any development
permitted in connection with the setting aside of open space land
shall not compromise the conservation or agricultural value of such
open space land.
(a)
If the open space is to be owned by an HOA,
the HOA must be incorporated before the final subdivision plat is
signed. The applicant shall provide the Town with a description of
the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities.
(b)
The open space restrictions must be in perpetuity.
(c)
If land is held in common ownership by a homeowners'
association, such ownership shall be arranged in a manner that real
property tax claims may be satisfied against the open space lands
by proceeding against individual owners and the residences they own.
The HOA must be responsible for liability insurance, local taxes and
the maintenance of the conserved land areas. The HOA shall have the
power to adjust maintenance fees to meet changing needs.
(d)
The Planning Board shall find that the HOA documents
satisfy the conditions above.
(e)
Membership in the HOA must be mandatory for
each property owner within the subdivision and for any successive
property owners in title with voting of one vote per lot or unit,
and the subdivider's control, therefore, passing to the individual
lot/unit owners on sale of the majority of the lots or units.
(f)
The proposed association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(g)
The association shall be responsible for liability
insurance, local taxes and maintenance of open space land, recreational
facilities and other commonly held facilities.
(h)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Town no less than 30 days prior to such event.
(i)
The association shall have adequate resources
to administer, maintain, and operate such common facilities.
I.
Maintenance standards.
(1)
The owner of the open space shall be responsible for
raising all monies required for operations, maintenance, or physical
improvements to the open space through annual dues or special assessments.
(2)
Failure to adequately maintain the undivided open
space in reasonable condition is a violation of this chapter. Upon
appropriate authority or process, the Town may enter the premises
for necessary maintenance, and the cost of such maintenance by the
Town shall be assessed ratably against the landowner or, in the case
of an HOA, the owners of properties within the development and shall,
if unpaid, become a tax lien on such property.
(3)
Sewage treatment systems. Sanitary sewage disposal
systems of either an individual or community nature may be located
within or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances
are observed and the ownership and maintenance responsibilities associated
therewith are clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved
that does not provide lot buyers with both the legal authority and
the responsibility, individually or collectively, to maintain all
sewer facilities on a continuing basis. This may include the creation
of a special district under Articles 12 and 12-a of New York State
Town Law.
(4)
Cost of review. All reasonable engineering and legal
costs for Town review of the road designs, conservation easements
and homeowners' association or other plans or documents shall be paid
by the subdivider.
A.
A driveway entering on county, Town or state roads
must obtain a permit and adhere, at a minimum, to the following requirements
for construction of ditch crossings and/or interface transitions between
the property line and road right-of-way:
(1)
The applicant shall furnish all materials and bear
all costs of construction.
(2)
No alteration or addition shall be made to any driveway
without first securing a new permit from the county for county roads
or the Town for Town roads or the local State Department of Transportation
for state highways.
(3)
The angle of the driveway with respect to the highway
pavement edge shall not be less than 60° nor more than 120°.
(4)
No driveway will be permitted within 50 feet of an
intersection, and wherever possible, driveways shall abut.
(5)
A residential driveway entrance shall be a maximum
of 20 feet and not less than 12 feet wide at the culvert line.
(6)
Commercial driveways shall be a minimum of 22 feet
wide (12 feet for one-way), a maximum of 50 feet wide for a single
combined entrance and exit or a maximum of 50 feet each when two separate
entrances are permitted. No more than two entrances from one highway
to a single commercial establishment shall be permitted. Commercial
driveway entrances onto roadways should be minimized by utilizing
internal cross-connections between commercial structures whenever
possible. Consideration should be given to providing safe and efficient
means for pedestrian traffic. Application for a commercial entrance
shall include a fully dimensioned plan of the proposed driveway showing
drainage as an element of the site plan review if required by the
Planning Board.
(7)
A drainage pipe must not be less than 12 inches inside
diameter and be of either reinforced concrete, corrugated metal or
plastic pipe suitable for the application.
(8)
The pipe shall be placed so that the inside flow line
of the pipe is at the bottom of the ditch and sloped true to the ditch
grade, maintaining free and unobstructed flow.
(9)
The highway shoulder slope must not be altered.
(10)
Any rise in the driveway grade shall occur on
the backslope of the ditch line so that drainage from the driveway
will flow into the ditch and not onto the highway. The maximum driveway
slope for either residential or commercial shall be 10%, unless a
waiver is granted.
(11)
All driveways must have adequate fire and emergency
vehicle access and have 9-1-1 numbers clearly displayed. Those driveways
over 100 feet long must also provide adequate fire and emergency vehicle
turnarounds.
B.
Permit forms for county and Town driveway interfaces
may be obtained from the office of the Town Zoning Administrator,
Highway Superintendent or Town Clerk. State forms may be obtained
through the State Department of Transportation office in Saratoga
Springs.
C.
In order to minimize curb cuts onto existing or proposed
roads, to maintain vegetated buffers along existing roads, or to preserve
open space and rural character, the Planning Board may accept or require
adjoining lots to utilize a shared driveway, or two adjoining driveways
with a single curb cut. Shared driveways or accessways are preferred
over multiple curb cuts. No common drive shall provide access to more
than four lots. The Planning Board shall require that an offering
plan is filed or a no-action or similar determination letter is obtained
with the New York State Department of Law whenever there is a common
interest in real property such as a shared road or driveway. This
is to insure that the developer puts purchasers on notice as to their
liabilities and responsibilities or both for maintenance of the common
road or driveway.
A.
An adequate sanitary disposal system designed and
certified by a professional engineer shall be installed and maintained
on each lot where the use of any building on the lot involves the
disposal of sewage or waste material. New OWTS require a permit and
must be inspected by a person designated by the Zoning Inspector before
an occupancy permit is issued.
B.
Design and spatial location shall meet sanitary and
hydrogeological standards set by the State Departments of Health and
Environmental Conservation and, at a minimum, meet the spacing requirement
in Table 1 following:
|
Table 1
Separation Distances from Wastewater System
Components
| ||||
|---|---|---|---|---|
|
System Component
|
Well or Suction Line
(feet)
|
To Stream, Lake, Watercourse(b), or Wetland
(feet)
|
Dwelling
(feet)
|
Property Line
(feet)
|
|
House sewer
|
25 cast iron
|
25
|
10
|
10
|
|
50 otherwise
| ||||
|
Septic tank
|
50
|
50
|
10
|
10
|
|
Effluent line to distribution box
|
50
|
50
|
10
|
10
|
|
Distribution box
|
100
|
100
|
20
|
10
|
|
Absorption field
|
100(a)
|
100
|
20
|
10
|
|
Seepage pit
|
150(a)
|
100
|
20
|
10
|
|
Dry well (roof and footing)
|
50
|
25
|
20
|
10
|
|
Raised or mound system
|
100(a)
|
100
|
20
|
10
|
|
Evapotrans-
piration-
absorption system
|
100(a)
|
50
|
20
|
10
|
|
Composter
|
50
|
50
|
20
|
10
|
|
NOTES:
| |
|---|---|
|
(a)
|
When sewage treatment systems are located on
coarse gravel or upgrade and in the path of drainage to a well, the
closest part of the treatment system shall be 200 feet from the well.
|
|
(b)
|
Mean high water mark.
|
|
(c)
|
For all systems involving the placement of fill
material, separation distances are measured from the toe of slope
of the fill.
|
C.
Before a certificate of occupancy shall be issued
for newly constructed structures, the Zoning Administrator or authorized
representative shall be given notice by the builder of any such septic
system, as set forth herein for inspection, prior to the covering
of such septic system with earth so as to be invisible. For new construction,
the well shall also be uncovered for inspection by the Zoning Administrative
Office.
D.
If, after written notice to the Code Enforcement Officer,
such inspection has not been made within a period of three business
days of receipt thereof, the septic system may be inspected in accord
with the requirements of the State Health Department and of this chapter
by an appropriately trained and experienced professional engineer
who is licensed to practice engineering in New York State. The appropriately
trained and experienced engineer shall submit a letter report to the
Code Enforcement Officer that reports the observations pertaining
to the requirements of the State Health Department and of this chapter,
and includes photographs of the septic system while visible for inspection.
Once the report has been approved by the Code Enforcement Officer
or has been submitted for one complete business day, the septic system
shall be presumed to be in accord with the requirements of the State
Health Department and of this chapter.
Alteration and/or repair of a sewage disposal
system shall be performed only after inspection and approval of the
proposed work by the Code Enforcement Officer or his authorized representatives.
Such approval shall be signified by the issuance of a work permit
by said officer. The permit shall specify that the Zoning Administrator
or his authorized representatives shall have the right to all reasonable
testing and to inspect the adequacy of such septic system, as set
forth hereinbefore, prior to the covering of such septic system with
earth so as to be invisible. No permit shall be required for the pumping
of septic tanks.
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. Other
facilities of public utilities shall conform to the provisions of
this chapter.
A.
For the purpose of this section, a "sign" shall be
defined as any device designed to inform or attract the attention
of persons not on the premises on which the sign is located.
B.
General regulations.
(1)
Only signs conforming to the following requirements
will be permitted in any district of the Town:
(a)
Signs will be limited to announcement, professional,
sale or service signs pertaining to Town of Galway activities only.
(b)
Signs shall be erected and constructed in a
fashion so as not to obstruct traffic, be visually obtrusive, nor
detract from the value of property adjacent to that property upon
which said sign is erected.
(c)
Signs may be subject to site plan approval by
the Planning Board as part of site plan review if signage is part
of an application for a use requiring Planning Board approval. Otherwise,
the Code Enforcement Officer will have the authority to issue permits
for signs. All business signs shall be compatible within the context
of its environment and with the rural and small-town character of
Galway. In making such a determination during the review process,
the issuing authority (Code Enforcement Officer or Planning Board)
shall consider but not be limited to the following elements:
(2)
No person, firm or corporation shall hereafter erect,
re-erect, construct or structurally alter a sign or sign structure
without first obtaining a permit issued by the Code Enforcement Officer
unless signage is approved as part of site plan review by the Planning
Board.
(3)
Every application for a sign permit shall be accompanied
by plans to scale showing the area of the sign; the position of the
sign in relation to nearby buildings or structures; the location of
the building, structure or lot to which or upon which the sign is
to be attached or erected, and the method of illumination, if any.
(4)
No sign shall be erected which, in the opinion of
the Code Enforcement Officer, may cause hazardous or unsafe conditions.
If such signs exist, they shall be removed upon direction of the Code
Enforcement Officer following notification to the owner.
(5)
No sign, other than an official traffic sign, shall
be erected within the right-of-way of any public street or highway.
(6)
Exempt signs. The following signs are exempt from
these provisions.
(a)
Public service signs; promotional and directional
signs.
(b)
Historical markers, tablets and statues, memorial
signs and plaques; names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze, stainless
steel or similar material; and emblems installed by governmental agencies,
religious or nonprofit organizations, not exceeding six square feet.
(c)
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
(d)
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits, internally illuminated or nonilluminated, not
exceeding four square feet per face and four feet in height. Business
names and personal names shall be allowed, excluding advertising messages.
(e)
Number and name plates identifying residences
or home occupation businesses mounted on the house, building, apartment
or mailbox, not exceeding two square foot in area.
(f)
Lawn signs identifying residences, not exceeding
one square foot per side if double-faced. Such signs are to be nonilluminated
except by a light which is an integral part of a lamppost if used
as a support, with no advertising message thereon.
(g)
Private-owner merchandise sale signs for garage
sales and auctions located on the premises, not exceeding four square
feet for a period not exceeding seven days in any one month.
(h)
Religious holiday decorations, including lighting,
displayed for the period from three days before Thanksgiving until
the first week of the following year.
(i)
Political signs not to exceed 60 days.
C.
Standards.
(1)
Unless otherwise provided for in this section, no
sign will have more than two sides, and any reference to the total
square footage of allowable signage shall mean the amount which will
be allowed on each of the two sides of the sign.
(2)
All signs, including wall-mounted and projecting signs,
shall be securely anchored and shall not swing or move in any manner.
(3)
All signs shall be constructed of durable materials
and shall be maintained in a good condition.
(4)
No sign shall project beyond property lines or over
public sidewalk areas or vehicular traffic areas.
(5)
No sign shall be located higher than the building
to which it is attached.
(6)
Illumination of any sign shall not produce a direct
glare beyond the limits of the property.
(7)
All wiring to freestanding signs shall be underground
and/or concealed within the sign structure.
(8)
No sign shall be illuminated by or contain flashing,
intermittent, rotating, or moving lights except to show time, date,
and temperature.
D.
Only signs conforming to the following requirements
will be permitted in any district of the Town:
(1)
Signs will be limited to announcement, professional,
sale or service signs pertaining to Town of Galway activities only.
(2)
All signs shall be erected and constructed in a fashion
as not to obstruct traffic, be visually obtrusive, nor detract from
the value of property adjacent to that property upon which said sign
is erected.
(3)
An application for all permanent signs must be filed
with the Planning Board for review and approval prior to the issuance
of a building permit. Signs shall be subject to site plan approval
by the Planning Board. All business signs shall be compatible within
the context of its environment and with the rural and small-town character
of Galway. In making such a determination during the permitting or
site plan review process, the Planning Board shall consider but not
be limited to the following elements:
E.
Signs in the AR, RC, RH and L Districts:
(1)
One on-premises sign, either freestanding or attached,
in connection with any residential building per permitted professional
office or home occupation, not exceeding two square feet in area and
set back at least 10 feet from the highway right-of-way. Such sign
shall state name and vocation only. No freestanding sign shall exceed
five feet in height above the finished grade.
(2)
One on-premises sign for customary agricultural operations
of selling farm products grown on the premises, not exceeding 15 square
feet in area or six feet in height, and set back at least 15 feet
from the highway right-of-way.
(3)
One on-premises sign for schools and institutions,
not exceeding 15 square feet in area or 10 feet in height, and set
back at least 15 feet from the highway right-of-way.
(4)
Business signs pertaining only to a legal nonconforming
use of the premises on which they are located, not exceeding 20 square
feet in area. Business signs in existence on the date of enactment
of this chapter which pertain to nonconforming uses may continue to
be used. Such a nonconforming sign shall not survive a change of use
or replacement of sign.
(5)
Portable signs shall not be permitted.
F.
Signs in the C1 District. The following regulations
shall govern the erection, alteration or relocation of signs within
the commercial districts. No sign listed below shall be erected, altered
or relocated until a sign permit is obtained from the Code Enforcement
Officer or is approved as part of site plan review by the Planning
Board.
[Amended 10-14-2008 by L.L. No. 2-2008]
(1)
In the C1 Zone, one sign that identifies the permitted
business or office use is permitted. Such sign shall be flush to and
connected with the building and shall not exceed 10 square feet in
size. One freestanding sign shall be permitted for each principal
business or office use, and such sign may be used to identify any
or all business uses in such structure. A freestanding business sign
of not more than 10 square feet in size shall not stand any higher
than six feet from the ground to the highest point on the sign. One
awning adhered to the building and advertising the principal use of
the building shall also be allowed.
(2)
In the C1 Zone, one business sign, which shall be
flush to and connected with the building and shall not exceed 20 square
feet in size, and one freestanding sign identifying the business,
not exceeding 30 square feet in size, is permitted. Any freestanding
sign shall not stand any higher than 10 feet from the ground to the
highest point on the sign.
(3)
Business signs shall be located at least 10 feet from
the nearest lot line and 15 feet from the highway right-of-way.
(4)
A business sign in existence on the date of enactment
of this section which does not conform to the specifications of this
section may continue to be used. If such sign is altered in any way,
it shall be made to conform to this section.
(5)
A banner, not exceeding 16 square feet per side, advertising
a special event, promotion or sale may, upon obtaining a permit for
such banner, be displayed by a business for a period not exceeding
15 days, with two such permits being allowed in any calendar year,
for any individual business.
G.
Signs in shopping centers or on structures having
more than one business:
(1)
Each shopping center or multibusiness structure shall
be authorized one freestanding double-faced sign no more than 36 square
feet in area on a side; however, if such is a single-faced sign, it
shall not exceed 36 square feet in area. Such a sign shall be set
back from the highway or road right-of-way at least 25 feet. Such
sign shall not exceed 10 feet in height from the ground to the top
of the sign nor shall it have moving parts or flashing lights.
(2)
Each tenant shall be authorized a wall sign; however,
such sign shall not exceed 5% of the facade of the portion of the
shopping center leased by the tenant and shall not exceed a maximum
of 36 square feet. Such signs shall be at least three feet above the
ground and shall not exceed the height of the facade. If the space
such tenant occupies has more than one facade, the tenant shall be
authorized a maximum of two signs to be placed on the building's facade;
the total area of both signs shall not exceed 5% of the total facade
area.
(3)
All signs shall be of a uniform, harmonious design
and shall be securely affixed to the facade of the building.
H.
Portable signs.
(1)
Portable signs shall be used only in commercial districts
for a new business or a business in a new location that is awaiting
installation of a permanent sign.
(2)
Such portable sign may only be utilized for a period
not to exceed 60 days or until installation of a permanent sign, whichever
occurs first.
(3)
A separate permit for such a portable sign shall be
required.
(4)
The maximum sign area requirements as set forth in
this section shall apply to a single side of a sign. On a two-sided
sign, only one side shall be counted in computing the sign's area.
(5)
No sign shall be allowed which causes a traffic, health
or safety hazard or creates a nuisance due to its placement, display
or manner of construction. No sign shall be located so as to obstruct
views of traffic. No moving signs, flashing signs or attractors shall
be permitted.
(6)
Nonconforming signs which lawfully existed prior to
the adoption of this section may not be relocated or altered except
in conformance with this section. Any change in the content of a nonconforming
sign, including names, words, logos or similar information, shall
constitute an alteration requiring conformance with this section.
I.
Prohibitions.
(1)
No off-premises signs shall be allowed other than
as permitted under the exempt signs provisions of this section.
(2)
No sign shall contain any moving parts.
(3)
No sign shall impair or cause confusion of vehicular
or pedestrian traffic in its design, color or placement.
(4)
No sign shall consist of banners, pennants, ribbons,
streamers, spinners or similar moving, fluttering or revolving devices.
J.
Sign removal.
(1)
Any sign existing as of the effective date of this
section which does not advertise a business which is conducted or
a product which is sold on the premises upon which said sign is located
shall be removed within six months thereafter.
(2)
If any sign regulated by this section is not used
in advertising, is abandoned, unsafe or insecure or is a menace to
the public, it shall be removed.
(3)
The Code Enforcement Officer shall give written notice
to the named owner of the land upon which any such signs are located.
The owner shall remove or repair the sign within 30 days from the
date of the notice. Upon failure to comply with this notice within
the prescribed time, the Code Enforcement Officer is authorized to
secure, repair, remove, or cause the removal of such sign. All costs
of this, including related legal fees and expenses, shall be assessed
against the land on which the sign is located and shall be levied
and collected in the same manner as provided in the Town Law for the
levy and collection of special ad valorem levies.
K.
Permit application. The applicant shall be required
to submit a sketch to scale of the proposed sign which indicates the
graphic design, visual message, text, size, height, content of the
sign, proposed lighting of the sign, and any proposed landscaping
or other amenities prior to erection, alteration or relocation to
the issuing authority (Code Enforcement Officer or Planning Board)
for site plan review and approval by the Planning Board. The Zoning
Administrator shall issue a sign permit to the applicant upon satisfaction
of any site plan approval.
A.
The following types of signs are allowed in all zones
and shall not be subject to permitting by the Town of Galway:
(1)
Announcing signs. One temporary, unlighted, announcing
sign pertaining to a building which is under construction or where
a structural alteration or repair is taking place, announcing the
project or purpose for which the building is intended, including the
names of architects, engineers, contractors, funding sources and others,
provided that the sign shall not exceed 16 square feet in residential
areas or 32 square feet in other areas, is authorized.
(2)
Real estate signs. One temporary, unlighted, real
estate sign not over six square feet in area pertaining to lease or
sale of the property on which it is displayed shall be permitted.
(3)
Garage and lawn sales. Temporary, unlighted garage
and lawn sale signs not over six square feet pertaining to temporary
individual household sales of not more than four days' duration are
authorized.
(4)
Community events. Temporary unlighted signs not over
six square feet pertaining to community events such as craft shows,
fairs, theater events, school activities, etc., shall be authorized.
B.
All of the above signs in Subsection A must be removed immediately following the completion of the construction, event or sale involved.
C.
Political signs. Temporary, unlighted signs not over
32 square feet pertaining to political events shall be authorized
and shall be removed within six business days after said event.
A.
Occupational signs are allowed announcing the names
and addresses of occupants of the premises, attached to said premises,
including professional nameplates and signs announcing permitted home
occupations. Occupational signs shall not exceed three square feet
in area, and the highest part of any occupational sign shall not be
in excess of six feet from ground level. No more than one sign shall
be permitted to advertise any single permitted use.
B.
Any sign attached to a building shall be flush to
the building and not extend out from the building more than one foot
in any direction. Any freestanding sign shall not stand any higher
than six feet from the ground to the highest point on the sign. No
more than one sign shall be permitted to advertise any single use.
A.
Existing nonconforming junkyards must be operated
in accordance with state, federal and Town laws. Junk cars are permitted
only in existing, legal junkyards in the Town of Galway. Additional
junkyard facilities are prohibited.
B.
Junk cars. No more than two junk cars shall be stored
on any property unless they are stored in an existing, legal junkyard
in the Town of Galway.
[Amended 5-10-2016 by L.L. No. 1-2016]
A.
Nonconforming uses. The lawful use of any building or land or sign
existing at the time of this chapter and subsequent amendments may
be continued, although such does not conform to the provisions for
the district in which it is situated.
B.
The following conditions apply to changes in status for or of a nonconforming
use:
(1)
Extensions. Any legal nonconforming building or structure may be enlarged not more than 50% of its floor or lot area as it existed on June 29, 1992. The extension of a nonconforming use is subject to the issuance of a special permit by the Planning Board based on the demonstration that the extension meets the special use permit review standards of Article VII, § 115-75. This shall not prevent the replacement of a structural member to ensure the safety of the building. No changes in product services or mix are permitted where commercial operations are nonconforming for the zone involved.
(2)
Alterations or replacement permit. Alteration to or replacement of
any building or part thereof which is used to house a nonconforming
use shall be made only under a permit authorized by the Planning Board.
(3)
Restoration. A building used to house a nonconforming use may be
restored if damaged or destroyed by fire, flood, earthquake, act of
God or act of a public enemy, subject to the following conditions:
The dimensions of the restored building shall not exceed those of
the original building in area, height or conformity. If the building
is substantially destroyed, the restored building shall be in conformity
with the requirements of this chapter and the New York State Uniform
Fire Prevention and Building Code.
(4)
Abandonment. When a nonconforming use has been abandoned, it shall
not thereafter be reestablished. When a nonconforming use has been
vacated, not used or occupied, or discontinued for a period of one
year, it shall be presumed to have been abandoned. Under extraordinary
circumstances, this criterion may be waived by the ZBA.
(5)
Displacement. No nonconforming use shall be granted to displace a
conforming use.
(6)
Changes in nonconforming use. Changes in nonconforming uses shall
be subject to the following:
(a)
Once changed to a conforming use, no use, building or structure
shall be permitted to revert to a nonconforming use.
(b)
A nonconforming use may be changed to another nonconforming use of a higher or more restrictive class of use. A change in use is subject to issuance of a special permit by the Planning Board based on a demonstration that the change in use meets the special permit review standards of Article VII, § 115-75.
(7)
Creation of nonconforming uses due to changes in district boundaries.
Whenever the boundaries of a district shall be changed so that under
the regulations that apply in the changed area a conforming use shall
become a nonconforming use, all of the provisions of this section
shall apply to such nonconforming use.
(8)
All lawfully existing nonconforming use businesses have been registered
with the Zoning Administrator.
C.
Nonconforming lots.
(1)
Any residential lot held in a single separate ownership prior to
the adoption of this chapter and whose area and/or width and/or depth
are less than the specified minimum lot requirements for the district
may be considered as complying with such minimum lot requirements
and no variance shall be required, provided that:
(a)
Such residential lot has an area of sufficient size to allow
for water and wastewater treatment approved by the Saratoga County
Department of Health; and
(b)
All other requirements in Appendix 3B[1] for that district are complied with.
[1]
Editor's Note: Appendix 3B is included as an attachment to this chapter.
(2)
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
No household, garage, porch or yard items for
sale may be stored in the open or continually displayed for more than
four days per month within any district or where the same may be construed
by the Zoning Administrator to be a menace to the public health or
safety or may be held to have a detrimental influence upon adjacent
properties or upon the neighborhood at large. This prohibition should
not be construed to ban household, garage, porch or yard sales themselves.
A.
Purpose. The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Galway; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunications 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 telecommunications towers
by requiring careful siting, visual impact assessment and appropriate
landscaping.
B.
Application of special use permit regulations.
(1)
No telecommunications towers, except those approved
prior to the effective date of this section, shall be used unless
in conformity with these regulations. No telecommunications 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 telecommunications tower unless in
conformity with these regulations.
(2)
The regulations shall apply to all property within
the following zones: AR Agricultural-Residential and C1 Commercial
Retail Districts (see Appendixes 3 and 4[1]). Telecommunications towers shall be specifically excluded
from all other zones.
[1]
Editor's Note: Appendixes 3 and 4 are included
at the end of this chapter.
(3)
Applications for construction of new telecommunications
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 telecommunications 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 telecommunications structures.
At all times, shared use of existing or approved towers shall be preferred
to the construction of new towers.
(1)
An applicant shall provide the Planning Board with
the following:
(a)
A professional engineer's report certifying
that the proposed shared use will not diminish the structural integrity
and safety of the existing tower and explaining what modifications,
if any, will be required in order to certify to the above.
(b)
A completed short-form environmental assessment
(EAF) and a completed visual EAF addendum.
(c)
A copy of its Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tower submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if the modifications indicated according to Subsection C(1) are deemed insignificant and the Board complies with all SEQRA provisions, the Board shall grant approval of the shared use without further review under this section. If the Board determines that the modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections I through T below.
D.
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.) 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 use permit;
(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)
A professional 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 environmental assessment form
(EAF) and a completed visual EAF addendum; and
(f)
A copy of its Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete 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 use 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 S below.
E.
New telecommunications tower. The Board may consider
a new telecommunications tower when the applicant demonstrates that
shared use of existing tall structures and 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 requests
and responses for shared use shall be provided.
F.
Shared usage of existing tower site for placement of 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 telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections G through S below.
G.
New tower at a new location. The Board may consider a new telecommunications 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 telecommunications tower shall also be subject to the requirements of Subsections G through S below.
H.
New towers; future shared use. The applicant shall
design a proposed new telecommunications 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 Code
Enforcement Officer prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
revocation of the special use 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.
I.
Special use permit and site plan review; submission
requirements.
(1)
An applicant shall be required to submit a site plan in accordance with § 115-75. 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.
J.
Lot size and setbacks. All proposed telecommunications
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 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
as a single parcel unless the Board determines that this provision
may be waived.
(2)
Telecommunications 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 110%
of the height of the tower. Accessory structures shall comply with
the minimum setback requirements in the underlying zoning district.
K.
Visual impact assessment. 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 representations of "before" and "after"
views from key viewpoints both inside and outside of 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 key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
L.
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 request a review of the application
by a qualified professional engineer in order to evaluate the need
for, and the design of, any new tower at the applicant's expense.
(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.
M.
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 use
permit.
N.
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.
O.
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 toe 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.
P.
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.
Q.
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.
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 Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit (assuming the telecommunications 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 to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 115-63.
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
telecommunications tower in a neighboring municipality be considered
for shared use, and to assist in the continued development of County
911 Services, the Board shall require that:
(1)
An applicant who proposed a new telecommunications
tower shall notify in writing the legislative body of each municipality
that borders the Town of Galway, the Saratoga County Planning Board
and the Director of 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 application.
T.
Notification of nearby landowners. Notice of the public
hearing shall be mailed directly to all landowners whose property
is located within 2,500 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.
U.
All federal, state and local requirements must be
met in order for the special use permit to remain valid.
V.
Telecommunications towers over 100 feet in height,
including towers existing on the effective date hereof, shall be inspected
annually by a professional engineer, or at any other time upon a determination
of the Town's Code Enforcement Officer that the telecommunications
tower may have sustained structural damage, and a copy of the inspection
report shall be submitted to the Town.
W.
The applicant and the owner of the property where
the telecommunications tower is to be located shall provide the Town
Clerk with proof of insurance in sufficient dollar amount to cover
potential personal and property damage associated with construction
and operation, with the Town named as an additional insured party.
X.
The applicant shall, as a condition of final approval, provide the Town with financial security acceptable to the Town sufficient to provide for removal or repair of the tower as described in Subsections R and V above. Acceptable financial security includes but is not limited to irrevocable bank letters of credit, escrow accounts and bonds issued by insurance companies.
The Zoning Administrator shall issue a building
permit or certificate of occupancy for the residential use of a mobile
home in the Agricultural-Residential District if the prospective use
of such mobile home is in conformance with the following regulations:
A.
A building permit may be granted to the owner of a
farm located in a New York State Agricultural District allowing the
placement of not more than two mobile homes to be occupied only by
full-time farm workers and their families employed by the owner, provided
that the home has its own separate septic system and water supply.
B.
All mobile homes shall be placed on a solid enclosed
foundation extending below the nominal frost line. There shall be
no evidence of wheels or trailer hitch once it has been installed.
C.
No permits or certificates of occupancy shall be issued
for a mobile home if said mobile home is proposed to be located within
1,000 yards of a preexisting mobile home.
(1)
For the purpose of measurement, each mobile home shall
be considered to be located on a point in the center line of the highway
or road upon which the mobile home and property thereunder fronts.
Said point shall be determined by taking the shortest line from the
center of the mobile home to the fronting highway or road. The originating
point in the mobile home shall be the exact center of the side of
the mobile home nearly facing and parallel to the fronting highway
or road.
(2)
Turns at intersections shall be made at the intersection
center.
(3)
In the case of a mobile home and the property thereunder
which fronts upon two separate highways or roads, the fronting highway
or road for the purpose of the above-stated measurement will be that
highway or road to which the residents of the mobile home have direct
access. If access is provided to both such highway or roads, the fronting
highway or road, for the purpose of measurement, will be that highway
or road which is the closest in measurement to the mobile home.
D.
Tie-down design and installation must conform to the
manufacturer's specification or be approved by a licensed professional
engineer at the applicant's expense.
In order to comply with the New York State Uniform
Fire Prevention and Building Code (UFP&BC) requirements and particularly
to ensure that inspections for firesafety can be adequately performed
in the case of conventionally constructed homes and to ensure that
the latest in firesafety technology is incorporated in manufactured
homes:
A.
Conventionally constructed homes must be fully constructed
and erected at and on a Town site in order to permit the inspections
required by the Uniform Fire Prevention and Building Code.
B.
Manufactured homes of any type installed in the Town
must carry affixed the appropriate manufacturer's certification as
required in federal and state standards and all later amendments for
building construction and firesafety.
C.
All single-family residences of any type shall have
a minimum of 800 square feet of livable floor space, exclusive of
garages, basements, porches, closed or unenclosed, and accessory buildings.
A.
There may be permitted in the Agricultural-Residential
District only on the issuance of a special use permit as provided
for in this chapter the excavation, removal and sale of topsoil, sand,
gravel, clay, shale or other natural mineral deposits, subject to
the following conditions:
B.
The applicant must apply for and receive a mining
permit if required by the State of New York.
C.
The owner/developer is responsible for employing best
management practices for stormwater and erosion control and securing
any necessary permits prior to excavation. Provision shall be made
to restore an effective cover crop to any area of land from which
topsoil has been removed or covered in full within the first growing
season following the start of such operation.
D.
Any person who mines or proposes to mine from each
mine site at least 1,000 tons or 750 cubic yards, whichever is less,
of minerals, including peat and topsoil, within a period of one year
shall first be required to obtain site plan review approval and a
special use permit. Where a New York State Mined Land Reclamation
Law permit is required, the Planning Board shall have the authority
to review the following in relation to any proposed mine:
(1)
Ingress and egress to the mine on Town or private
roads;
(2)
Routing of trucks through the Town;
(3)
Dust control and hours of operation;
(4)
Setbacks from property lines;
(5)
Visual impacts and screening, including vegetative
cutting and lighting;
(6)
Off-site vibrations;
(7)
Water quality;
(8)
Off-site noise.
For the uses listed in the table entitled "Off-Street
Parking Schedule,"[1] parking shall be provided as required and subject to the
following rules and requirements:
A.
For uses not expressly listed in the mandatory off-street
parking table, parking spaces shall be provided on the same basis
as required for the most similar use listed or as determined by the
Planning Board where site plan approval is required or by the Code
Enforcement Officer in all other instances. If the Planning Board
finds that compliance with the off-street parking requirements would
have an adverse impact upon the physical environment or visual character
of the area, and if the Board also finds that all of the parking required
in the Off-Street Parking Schedule will not be necessary for the anticipated
use of the site, the Planning Board may reduce the amount of parking
required to be constructed, provided that sufficient usable land is
set aside to satisfy the parking requirements in the future should
the need for such additional parking arise. The Planning Board shall,
as a condition of any approval granted, retain the right to require
the owner of the property to construct such additional parking whenever
it finds that such parking is needed.
B.
When parking spaces are required on the basis of the
number of employees or staff, the maximum number present at any one
time (greater than a thirty-minute period) shall govern.
C.
In general, off-street parking shall be provided on
the same lot or tax parcel as the principal use. The required off-street
parking may be provided on a separate lot or tax parcel that is within
300 feet of the parcel with the principal use, provided that the two
lots are under the same ownership and there are covenants which tie
the two lots together. The Planning Board also encourages use of shared
parking lots having cross-easements between them.
D.
Each off-street parking space shall be nine feet by
18 feet and shall be serviced by an aisle no less than 24 feet wide.
E.
Parking spaces for physically impaired persons shall
be designed in accordance with the New York State Uniform Fire Prevention
and Building Code and shall be provided in accordance with the following,
subject to Planning Board site plan review considerations:
[Amended 10-14-2008 by L.L. No. 2-2008]
|
Total Parking Spaces in Lot or Garage
|
Number of Handicapped-Accessible Parking
Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
Over 1,000
|
20, plus 1 for each 100 over 1,000
|
F.
Each accessible parking space shall be marked with
a vertical sign.
G.
Except for unusual circumstances, all parking spaces
will be constructed with asphalt, concrete, rubble, crushed stone,
or other material that will provide protection against potholes, erosion
and dust as deemed necessary during site plan review.
H.
All parking areas shall be adequately lighted. The
Planning Board may require that lighting in parking lots be extinguished
within one hour of the end of closing of a business. However, building
security lights on motion-detector switches are acceptable. Parking
areas in which lights are necessary all night shall be lighted in
a manner that does not result in glare to surrounding residential
properties or cause a traffic hazard due to glare or color. All lighting
requirements identified for that district shall also be met.
I.
In all parking areas of more than 15 spaces, landscaped
areas amounting to 10% of the total paved area of the lot shall be
provided by way of islands wholly contained within the paved area.
J.
All parking areas, regardless of size and location,
shall be suitably drained and maintained with slopes on paved surfaces
established between 1% and 8% in parking stall areas and with driveway
grades no greater than 8%.
K.
All off-street parking lots shall be adequately demarcated
with reflective painted lines or other marking to indicate traffic
flow and parking spaces.
L.
Curbing shall be installed, as required, to adequately
control stormwater runoff and to delineate and protect other site
features, including but not limited to sidewalks, ingress and egress
locations, landscaped islands and planting beds, parking and loading
areas and at intersections with existing Town, county or state roads.
M.
Parking lots shall be placed to the side or rear of
the structure.
N.
Parking lot layout shall take into account pedestrian
circulation. Pedestrian crosswalks shall be provided where necessary.
|
Off-Street Parking Schedule
| |
|---|---|
|
Type of Use
|
Minimum Space(s) Suggested, Subject to
Planning Board Review
|
|
Church
|
1 per 10 seats
|
|
Tourist home
|
1 per guest room
|
|
Boardinghouse
|
1 per guest room
|
|
Community building
|
1 per 400 square feet of floor area
|
|
Nursery school
|
1 per employee and 1 for every 3 students
|
|
Mobile home
|
2 per mobile home lot
|
|
Multifamily dwelling
|
2 per unit
|
|
Public utility
|
1 per 2 employees, plus 1 per company vehicle
|
|
Private membership club
|
1 per 4 seats
|
|
Hospital
|
1 per 2 beds, plus 1 per 2 employees/shift
|
|
Parks and playgrounds
|
1 per 4 persons facility is designed to accommodate
at maximum capacity
|
|
Private school
|
1 per employee and 1 for every 3 students
|
|
Recreational facility
|
1 per 1,000 square feet
|
|
Recreational structure
|
5 per 1,000 square feet
|
|
Retail business
|
1 per 300 square feet of sales floor area and
1 per 2 employees
|
|
Personal service
|
1 per 200 square feet of gross floor area
|
|
Professional office
|
1 per 300 square feet of floor space
|
|
Bank
|
1 per 200 square feet of gross floor area, plus
1 per 2 employees
|
|
Restaurant
|
1 per 4 seats, plus 1 per 2 employees
|
|
Funeral home
|
1 per 400 square feet of floor area, plus 1
per company vehicle
|
|
Antique shop
|
1 per 300 square feet of sales floor, plus 1
per 2 employees
|
|
Kennel/Animal hospital
|
1 per 2 employees, plus 2 per 300 square feet
of floor area
|
|
Hotel/Motel
|
1 per bedroom, plus 1 per 2 employees
|
|
Vehicle sales and service
|
1 per 200 square feet of sales floor area, plus
1 per 600 square feet of service floor area, plus 1 per company vehicle
|
|
Wood/Fuel/Feed storage
|
1 per employee, plus 1 per company vehicle
|
|
Bar
|
1 per 4 seats, plus 1 per 2 employees
|
|
Car wash
|
1 per bay, plus 1 per 2 employees
|
|
Indoor recreation
|
1 per 5 seats
|
|
Building material supply
|
1 per 200 square feet of sales floor area, plus
1 per company vehicle
|
|
Light industry
|
1 per 2 employees, plus 1 per company vehicle
|
|
Self-storage
|
1 per 2 employees
|
[1]
Editor's Note: The Off-Street Parking Schedule
is included at the end of this section.
Off-street loading spaces shall be provided
as required by the Planning Board and subject to the following guidelines:
A.
Nonresidential uses. Nonresidential uses shall have
at least one space for a building with a floor area of 5,000 square
feet to 20,000 square feet or fraction thereof, except that where
deliveries do not exceed one vehicle per day, no additional space
will be required.
B.
Industrial uses. Industrial uses shall have at least
one space for 5,000 square feet to 10,000 square feet; or as required
by the Planning Board.
D.
In general, off-street loading areas shall not be
permitted in front of any principal building.
E.
Loading areas shall be located and designed so that
the vehicle intended to use them can maneuver safely and the loading
and unloading operation can proceed without obstructing or interfering
with any public right-of-way or any parking space or parking lot aisle.
F.
Except for unique circumstances, all off-street loading
areas shall be graded and surfaced with asphalt, concrete or other
material that will provide equivalent protection against potholes,
erosion and dust.
G.
All off-street loading areas shall be adequately drained
and have adequate lighting.
A.
Parking shall not normally be allowed in front of
any principal building having a nonresidential use in the RH District.
B.
In the RH District, a minimum buffer area of 30 feet
in width is to be maintained along any property line abutting a residential
use.
C.
In the RH District, a vegetative screen no less than
10 feet wide and six feet high shall also be placed in the buffer
along the extent of a parking and/or loading area that abuts a residential
use.
D.
Parking shall not be allowed in the front yard setback
in the C1 Zone. The front yard shall be landscaped in a manner acceptable
to the Town of Galway Planning Board.
E.
In the C1 Zone, a minimum buffer area of 50 feet in
width is to be maintained along any property line abutting a residential
use.
F.
In the C1 Zone, a vegetative screen no less than 20
feet wide and six feet high shall also be placed in the buffer along
the extent of any parking and/or loading areas that abuts a residential
use.
G.
All vegetative materials to be used for buffering
and screening shall be subject to Planning Board approval.
H.
Adequate refuse storage and disposal area must be
provided and screened by either fencing or vegetative material.
The purpose of the planned development district
(PDD) classification is to support creation of multiuse (residential,
commercial and industrial) districts, known as “PDDs”.
This classification provides a vehicle for the rezoning of land to
residential, commercial and industrial development zones, either jointly
or separately, in conformance with provisions and standards which
ensure compatibility among all land uses, while fostering innovation
in site planning and development and encouraging sound design practices.
Provisions are included for PDDs in order to permit the establishment
of areas of unique design, which will have a beneficial effect to
the community, which could not otherwise be achieved under any other
zoning district. Through this provision, diverse uses may be brought
together in a compatible and unified plan of development, which shall
be in the general welfare of the public. The granting of design and
development flexibility should promote superior land planning, while
affording greater economy, efficiency and convenience in the arrangement
of land uses and their supporting infrastructure. The PDD classification
will support the Town in managing growth in a manner which maximizes
the preservation of valuable open space, thereby protecting and preserving
the natural and scenic qualities of such areas consistent with the
Town Comprehensive Plan.
In order to carry out the intent of §§ 115-43 through 115-46, a planned development district shall strive to achieve the following objectives:
A.
Preservation of the rural characteristics of the Town
of Galway through the use of appropriate architectural and landscape
design.
B.
Prevention of detrimental impacts to the natural characteristics
of the site and present or potential uses of surrounding land.
C.
Preservation of trees, environmentally sensitive sites,
outstanding natural topography and geological features while minimizing
soil erosion and detrimental surface drainage.
D.
Preservation of historic areas and maintenance of
adequate greenspace and recreational areas.
E.
Provision for adequate infrastructure with respect
to transportation, utilities, recreational facilities and community
services so as to avoid a negative impact on the existing community.
A.
The standards for planned development districts are
to provide the Planning Board with a means to evaluate applications
for the districts consistent with the provisions and general intent
of this chapter and the Comprehensive Plan of the Town. The Town Board
may modify these standards based on a review of written justification
for such modification provided by the applicant.
B.
Residential standards. A residential planned development
district may incorporate a variety of housing types, such as detached,
attached or any combination thereof. Accessory uses, including neighborhood
commercial facilities, mixed-use structures, religious institutions,
educational facilities, private and public clubs and recreational
facilities, may be allowed as determined appropriate by the Town Board.
(1)
Density. Because land is used more efficiently in
a planned development district, improved environmental quality can
usually be produced with greater density than is usually permitted
in traditional zoning districts. The Town Board shall determine in
each case the appropriate land use intensity and/or dwelling unit
density for individual projects. The determination of land use intensity
or dwelling unit density shall be thoroughly documented, including
all facts, opinions and judgments justifying the selection; at a minimum
the following.
(2)
Area, yard, coverage and supplementary regulations.
(a)
District area minimum: 10 acres.
(b)
District width minimum: 300 feet.
(c)
District depth minimum: 500 feet.
(d)
Densities.
|
Description
|
Maximum Number of Units/Net Acre
|
|---|---|
|
One-family dwelling (detached)
|
2
|
|
Two-family dwelling
|
2
|
|
One-family dwelling (attached) (townhouse)
|
4
|
|
Multifamily dwelling
|
4
|
|
Nonresidential
|
40,000 square feet of land for each 10,000 square
feet of building
|
(e)
Net acreage. In computing total net acreage
of a site, deduct all acreage considered undevelopable due to steep
slope greater than 20%, wetlands and watercourses, etc.
(f)
Minimum yards required for permitted residential
uses: Front yards, rear yards and side yards for residential uses
shall be designed so that no building is closer than 20 feet to any
other building and no building is closer than 50 feet to any boundary
line of the district or public street.
(g)
Maximum building and impervious surface coverage:
30% (of any single lot or the net acreage of the district as a whole).
(h)
Maximum height of structures: 35 feet.
(j)
Greenspace. An area in addition to required
lot area, equal to not less than a minimum of 10% of the gross development
area, shall be developed and maintained as common open space. Such
common open space shall be developed for active recreation (with facilities);
or sitting areas (with facilities); or bicycle, walking or horse trails
(marked by developed paths); or undeveloped wooded areas (cleared
of underbrush); or any other uses found appropriate by the Planning
Board or Town Board. Infrastructure such as roads, sidewalks and parking
areas is not considered open space.
C.
Commercial standards. A commercial planned development
district shall permit principally commercial and business uses of
a variety of types, such as retail stores, restaurants, professional
offices, hotels, motels and such other uses as may be deemed appropriate
by the Town Board for the area under construction.
(1)
Density. Because land is used more efficiently in
a planned development district, improved environmental quality can
usually be produced with greater density than is usually permitted
in traditional zoning districts. The Town Board shall determine in
each case the appropriate land use intensity and/or dwelling unit
density for individual projects. The determination of land use intensity
or dwelling unit density shall be thoroughly documented, including
all facts, opinions and judgments justifying the selection; at a minimum
the following.
(2)
Area, yard, coverage and supplementary regulations.
(a)
District area minimum: five acres.
(b)
District width minimum: 350 feet.
(c)
District depth minimum: 300 feet.
(d)
Front yard minimum: 80 feet.
(e)
Rear yard minimum: 60 feet or 200 feet when
abutting residential uses or districts.
(f)
Side yard minimum: 30 feet each side or 200
feet abutting residential uses or districts. No side yard is required
for commercial buildings with a separating firewall.
(g)
Maximum coverage: 40% (of any single lot or
the net acreage of the district as a whole).
(h)
Maximum height of structure: 35 feet.
(k)
Landscaping: Adequate landscaping and screening
shall be provided to reduce the visual impact of off-street parking
areas and to provide a logical transition between the PDD and surrounding
uses.
D.
Industrial standards. An industrial planned development
district shall permit principally research and development facilities,
high technology assembly, light manufacturing industries, warehouses,
wholesale uses, public utilities, service and repair and such other
uses as may be deemed appropriate by the Town Board for the area under
consideration.
(1)
Density. Because land is used more efficiently in
a planned development district, improved environmental quality can
usually be produced with greater density than is usually permitted
in traditional zoning districts. The Town Board shall determine in
each case the appropriate land use intensity and/or dwelling unit
density for individual projects. The determination of land use intensity
or dwelling unit density shall be thoroughly documented, including
all facts, opinions and judgments justifying the selection; at a minimum
the following.
(2)
Area, yard, coverage and supplementary regulations.
(a)
District area minimum: 10 acres.
(b)
Lot area minimum: three acres.
(c)
Lot width minimum: 300 feet.
(d)
Lot depth minimum: 200 feet.
(e)
Front yard minimum: 80 feet.
(f)
Rear yard minimum: 60 feet or 200 feet when
abutting residential uses or districts.
(g)
Side yard minimum: 60 feet on each side or 200
feet when abutting residential uses or districts. No side yard is
required for industrial buildings with a separating firewall.
(h)
Maximum coverage: 50% (of any single lot or
the net acreage of the district as a whole).
(i)
Maximum height of structures: 35 feet.
E.
Recreational standards. A recreational planned development
district may incorporate a variety of activities and facilities promoting
either active or passive recreation for all people in the community,
including those who are handicapped or physically challenged.
(1)
Density. Because land is used more efficiently in
a planned development district, improved environmental quality can
usually be produced with greater density than is usually permitted
in traditional zoning districts. The Town Board shall determine in
each case the appropriate land use intensity and/or dwelling unit
density for individual projects. The determination of land use intensity
or dwelling unit density shall be thoroughly documented, including
all facts, opinions and judgments justifying the selection; at a minimum
the following.
(2)
Area, yard, coverage.
(a)
District area minimum: 10 acres.
(b)
Minimum frontage: 300 feet.
(c)
Minimum front yard: 75 feet.
(d)
Minimum rear yard: 100 feet.
(e)
Minimum side yard: 100 feet.
(f)
Maximum coverage: 40%.
(g)
Maximum height: 35 feet.
(j)
Landscaping: Adequate landscaping shall be provided
to reduce the visual impact of off-street parking areas and to provide
a logical transition between the PDD and surrounding uses.
A.
Prior to making any formal submission, the applicant shall arrange to meet with the Planning Board for a preapplication conference (See § 115-75 of this chapter.) in order that the nature of this proposal and the application procedure can be discussed.
[Amended 10-14-2008 by L.L. No. 2-2008]
B.
Application.
(1)
The owner of the land (or agent thereof, hereinafter referred to as the “owner”) shall submit an application and the appropriate fees to the Town Board for a change in district to a planned unit development district, said application to include the required application fee, 13 copies of a sketch plan and three copies of a completed environmental assessment form, Part 1. Within 31 days of receipt of the application, the Town Board shall refer 12 copies of the application, sketch plan and EAF to the Town Planning Board. The Planning Board Clerk will forward a copy of the application, sketch plan and EAF to the Saratoga County Planning Board pursuant to General Municipal Law § 239-m. However, if the Town Board determines that the proposal does not merit review because it does not meet the objectives of Chapter 115 or the Town's Comprehensive Plan, it shall so notify the applicant, shall not refer the application to the Planning Board or the County Planning Board, and no further action on the application shall be taken.
(2)
The application will contain the following information:
(a)
Completed application form.
(b)
Completed EAF Part 1.
(c)
Legal description of the property to be developed.
(d)
Sketch plans drawn at a scale of not less than
one inch equals 100 feet showing:
[1]
General topographical and subsoil conditions,
nearby historic and/or public areas, existing natural features and
identifying adjacent properties and their ownership.
[2]
Proposed buildings, lot lines, land use areas,
tree lines, natural features to be preserved, proposed traffic circulation
(vehicular and pedestrian), ingress and egress, including identification
of existing public roads to be utilized, approximate parking and loading
areas, accommodations for emergency vehicles.
[3]
Existing structures, existing utilities and
deeded rights-of-way.
[4]
Proposed landscaping and greenspace plan.
[5]
Schematic of typical structures proposed.
[6]
Proposed utilities (public or private), including
electric, water supply, sewer and stormwater drainage facilities to
be constructed (below grade utility corridors preferred).
[7]
Proposed construction sequence for buildings,
recreation areas and greenspace.
[8]
Proposed PDD name and proposed street names
(see list of recommended street names).
(e)
As part of the sketch plan review phase, the
owner shall prepare a proposed local ordinance required for the creation
of the planned development district. The proposed ordinance shall
follow the format of a model ordinance provided by the Planning Board,
and any recommendations of the Planning Board shall be incorporated
into the proposed ordinance.
(f)
Signed engineering and legal fee agreements
to encompass items, required for all phases of the review process
and for specific portions of the project after approval, if applicable.
(g)
Project narrative description for the project
which establishes the need for the project and addresses the impact
on the community, the existing roads, the adjacent properties and
the school district. The narrative should also include other appropriate
elements, such as ownership and maintenance of the land, utilities
and roadways within the project.
(h)
Evidence to demonstrate the applicant's competence
to carry out the plan and his/her awareness of the scope of such a
project, both physical and financial, including the payment of applicable
fees.
(3)
The Planning Board may, during its review of the project,
request additional information that is deemed necessary to properly
evaluate the project when it is passed to the Planning Board for review.
C.
Within 93 days after receiving the application, the
Planning Board shall approve, approve with modifications or disapprove
such application and shall report its findings to the Town Board.
D.
Within 62 days of receipt of recommendation from the
Planning Board, the Town Board shall hold a public hearing and within
93 days reach its decision.
A.
Statement of purpose. In the execution of these provisions,
the Town of Galway recognizes that there are some adult uses which,
due to their very nature, have serious objectionable operational characteristics,
particularly when located in close proximity to residential neighborhoods
and other sensitive land uses. The objectionable characteristics of
these uses are further heightened by their concentration within an
area, thereby having deleterious effects on adjacent areas. It has
been acknowledged by communities across the nation that state and
local governments have a special concern in regulating the operation
of such businesses under their jurisdiction to ensure that these adverse
secondary effects will not contribute to the blighting or downgrading
of adjacent neighborhoods nor endanger the well-being of the youth
in their communities. The special regulations deemed necessary to
control the undesirable secondary effects arising from these enterprises
are set forth below. The primary purpose of these controls and regulations
is to preserve the integrity and character of residential neighborhoods
and important natural and human resources of the Town, to deter the
spread of blight and to protect minors from objectionable characteristics
of these adult uses by restricting their proximity to churches, schools,
nursery schools, day-care centers, educational institutions, parks,
historic and scenic resources, civic and cultural facilities and residential
areas.
B.
Adult uses and adult business uses, as defined in § 115-7 of this chapter, are to be restricted in the following manner, in addition to any other requirements for commercial businesses:
(1)
Adult uses and adult business uses are permitted only
in the C1 District.
(2)
Adult uses and adult business uses shall not be located
within a five-hundred-foot radius of any Rural Hamlet District, Residential
Core District, or any property used for residential purposes. For
measurement purposes, the distance between an adult use and any residential
zoning district and property used for residential purposes shall be
measured in a straight line, without regard to intervening structures
or objects, from the closest structural wall of such adult use to
the boundary line of such residential district.
(3)
Adult uses and adult business uses shall not be located
within a one-thousand-foot radius of another adult use. For measurement
purposes, the distance between adult uses shall be measured in a straight
line, without regard to intervening structures or objects, from the
closest structural wall of any adult use to the closest structural
wall of any other adult use.
(4)
Adult uses and adult business uses shall not be located
within a one-thousand-foot radius of any school, nursery school, day-care
center, educational institution, house of worship, park or playground,
historic or scenic resource and civic or cultural facility. For measurement
purposes, the distance between an adult use and other such named uses
shall be measured in a straight line, without regard to intervening
structures or objects, from the closest structural wall of such adult
use to the closest property boundary of such school, nursery school,
day-care center, educational institution, house of worship, park or
playground, historic or scenic resource and civic or cultural facility.
(5)
Not more than one adult use or adult business uses
shall be located in the same building or upon the same lot or parcel
of land.
(6)
No loudspeakers or sound equipment shall be used for
adult uses or adult business uses that can be discerned by the public
from public or semipublic areas.
(7)
Adult uses shall be on a minimum parcel size of three
acres.
A.
Bed-and-breakfasts shall be owner-occupied, and their
certificate of occupancy shall so stipulate, and shall not contain
more than six bedroom units for rent in addition to a dwelling unit.
B.
Off-street parking shall not be located in a front
yard and shall be screened from roads and adjacent properties so as
to provide no variation from the residential character of the site.
Off-street parking spaces for members of the owner's family residing
in the dwelling unit as well as one parking space per room shall be
provided.
C.
Each bed-and-breakfast shall be established, maintained
and operated so as to preserve and complement the residential character
and integrity of the surrounding area. There shall be no changes to
the front facade that change the residential character of the structure.
D.
Each bedroom occupied by a paying guest shall be equipped
with a properly installed and functioning smoke detector. Further,
a smoke detector shall be properly installed and functioning on or
near the ceiling in the room or hallway from which each bedroom rented
to paying guests exists.
E.
The Code Enforcement Officer shall be given such access
to the dwelling as he deems necessary from time to time for the purpose
of making inspections to ensure compliance with all federal, state
and local codes, rules and regulations, including the New York State
Uniform Fire Prevention and Building Code. Such inspections may be
made with or without prior notice thereof.
F.
A single exterior sign or display may be established
on the site of the bed-and-breakfast. Said sign or display shall not
exceed six square feet in area. No freestanding sign shall be located
less than 15 feet from the front property line or less than five feet
from the side property line. Further, said sign or display shall be
as unobtrusive as reasonably possible and may be illuminated by no
more than two seventy-five-watt light bulbs, which shall be shielded
so as to prevent glare, etc.
G.
The bed-and-breakfast shall be maintained and operated
at all times so as to comply with the New York State Uniform Fire
Prevention and Building Code and the rules and regulations promulgated
thereunder, as amended.
H.
During site plan review, the Planning Board shall
consider the:
(1)
Adequacy and arrangement of vehicle traffic access
and circulation.
(2)
Location, arrangement, appearance and sufficiency
of off-street parking.
(3)
Location, arrangement, size and design of lighting
and signs.
(4)
Relationship and compatibility of proposed use (bed-and-breakfast)
to uses of adjacent parcels in the immediate vicinity, together with
their scale.
(5)
Adequacy, type and arrangement of trees, shrubs, fences
and other landscaping or improvement constituting a visual or noise-deterring
buffer between the site and adjacent or adjoining uses.
A.
It is the intent of this section to ensure the compatibility
of home occupations with other uses, maintain and preserve the character
of the neighborhood, ensure peace, quiet and domestic tranquility
within residential areas, and allow residents to engage in gainful
employment in their homes while avoiding excessive noise, traffic,
nuisance, fire hazards and other possible adverse effects of commercial
uses.
B.
General standards for all home occupations, except
low-impact home occupations:
(1)
A home occupation shall be incidental and secondary
to the use of a dwelling unit for residential purposes. It shall be
conducted in a manner which does not give the outward appearance of
a business, does not infringe on the right of neighboring residents
and does not alter the character of the neighborhood. A home occupation
may be conducted within a dwelling unit and/or within accessory structures.
(2)
One parking space for each employee shall be provided.
Where a home occupation is authorized, no off-site parking shall be
permitted.
(3)
No other professional shall be permitted to share,
let, or sublet space for professional use.
(4)
No more than 800 square feet or 30% of the total floor
area of a dwelling shall be utilized. A home occupation may be located
in an accessory building not to exceed 800 square feet.
(5)
Any signs used in conjunction with a home occupation shall meet the requirements of § 115-30 of this chapter.
(6)
All exterior aspects of the home occupation shall
not disrupt the residential character of the area. There shall be
no exterior display, exterior storage of materials or other exterior
evidence of any home occupation except for signs and off-street parking.
(7)
No home occupation shall produce any odor, noise,
vibration, smoke, dust, heat or glare that exceeds the average level
in the immediate vicinity, and is detectable beyond the property line
of such parcel.
(8)
Minor and major home occupations will require special use permit approval from the Planning Board. The Planning Board, on issuing a special use permit, must find that the proposed home occupation meets the criteria and standards in this section as well as generally applicable special permit standards in Article VII of this chapter. A special use permit issued in accordance with this section shall be issued only to the applicant and shall not be transferred to another person.
C.
Specific requirements for major and minor home occupations.
(1)
Home occupation, major. The following standards are
applicable to major home occupations: An individual may, with special
use permit and site plan approval from the Planning Board, conduct
his/her business, trade or profession in his/her home or residence,
provided that no more than three other persons are employed in addition
to the owner or tenant of the property.
(a)
More than one home occupation may be conducted
on a lot, provided that the total floor area of the dwelling devoted
to all of the home occupations does not exceed the maximum floor area
as provided herein.
(c)
Parking required for the home occupation shall
be determined by the Planning Board.
(d)
Delivery and pick-up of material or commodities
to and from the premises by a commercial vehicle shall not exceed
three trips per week, and the parking of delivery vehicles shall not
impede or restrict the movement of traffic on adjacent streets.
(2)
Home occupation, minor. An individual may, with special
use permit and site plan review from the Planning Board, conduct his/her
business, trade or profession in his/her home or residence, provided
that: no more than one person is employed in addition to the owner
or tenant of the property.
(a)
More than one home occupation may be conducted
on a lot, provided that the total floor area of the dwelling devoted
to all of the home occupations does not exceed the maximum floor area
as provided herein.
(c)
Parking required for the home occupation shall
be determined by the Planning Board.
(d)
Delivery and pick-up of material or commodities
to and from the premises by a commercial vehicle shall not exceed
three trips per week, and the parking of delivery vehicles shall not
impede or restrict the movement of traffic on adjacent streets.
D.
Home occupation, low-impact. Low-impact home occupations
are permitted by right and are exempt from site plan review and special
use permit requirements. A low-impact home occupation does not attract
or encourage customers or clients to the premises; is conducted solely
by members of the same family occupying the dwelling unit as their
full time residence; has no exterior display, exterior storage of
materials or other exterior evidence of any home occupation; has no
signage advertising the existence of the home occupation; and requires
no exterior alteration, addition or change to the structure that would
require a building permit in order to accommodate such use within
the structure or an accessory structure on the same lot.
A.
Fencing. No person or persons, association or corporation
shall maintain a swimming pool, as defined above, within the Town
of Galway without first safeguarding such a swimming pool with a permanent
protective fence. The fence shall be installed so as to encompass
the entire perimeter of the swimming pool and at a reasonable distance
therefrom. The fence shall be structurally sound, durable and must
be maintained in such condition. The fence shall be a minimum of four
feet in height and, any other contrary provision in this chapter notwithstanding,
may have a maximum height of eight feet. The fence shall be of wooden
or wire construction, and the materials shall be adequate to prevent
and prohibit entrance to the pool by children and animals. If of wire
construction, the fencing is not to have a linkage more than two inches
in diameter. The entrance gate or gates shall have a closing device
with a protective fastening latch and locking device. Such fence and
appurtenances shall be approved in writing by the Code Enforcement
Officer of the Town of Galway before installation.
B.
Existing pools. The Code Enforcement Officer is hereby
authorized and directed to inspect swimming pools existing at the
time of the adoption of this chapter. If they have fences, the Code
Enforcement Officer shall approve them if they substantially comply
with the foregoing provisions. If the fences do not substantially
comply or if the pool has no fence, a fence shall be erected or altered
to comply with the provisions of this chapter within 180 days after
the adoption of this chapter.
C.
The provisions for fences shall not apply to aboveground
pools, but if the pool is more than 24 inches in depth, there shall
be a fence around the steps leading to the pool which shall comply
with the above fencing requirements, except that if there are removable
steps or foldaway steps with locking device, no fence shall be required.
A.
Newly constructed fences and walls shall not exceed
eight feet in height where erected in side or rear yards nor three
feet in height when erected within 25 feet of the front lot line or
highway right-of-way, except wire fencing (cyclone, barbed, American)
which may be five feet. In no case shall fences or walls impair vision
for safe ingress and egress from that or adjoining properties. Fences
shall be constructed of suitable material compatible with adjacent
areas.
B.
All such fences and walls shall be measured from the
ground level at the base of the fence or wall.
A.
One dwelling unit serving as an accessory apartment
shall be permitted as an accessory use within a single-family dwelling
in any residential district subject to special use permit approval
by the Planning Board. The accessory apartment may be located within
the principal building or an accessory building located on the same
lot. The certificate of occupancy for the principal use shall clearly
identify such accessory dwelling unit and its floor area.
B.
In addition to the above, an accessory apartment shall
comply with the following provisions:
(1)
The apartment shall be clearly subordinate to the
one-family dwelling unit.
(2)
The number of bedrooms in the apartment shall be not
more than two.
(3)
The floor area of the apartment shall be greater than
400 square feet.
(4)
The floor area devoted to the apartment shall be less
than 40% of the entire floor area of the one-family dwelling or 1,000
square feet, whichever is less.
(5)
The apartment and one-family dwelling shall have a
safe and proper means of entrance, clearly marked for the purpose
of firesafety and mail service.
(6)
If the water supply is from a private source, the
applicant shall certify that the water supply is potable and of adequate
flow.
(7)
The applicant shall certify that the sewage disposal
system is adequate for the two units. Failure to correct promptly
any resulting sewage system problem shall result in revocation of
the special permit.
(8)
No special permit shall be granted in any case where
the Department of Health has determined that the water or sewage system
serving the dwelling or dwellings in question is for any reason not
capable of handling the additional demand that would be imposed upon
it in the event the special permit were issued thereunder.
(9)
Stairways leading to any floor or story above the
first floor shall be located within the walls of the building wherever
practicable. Stairways and fire escapes shall be located on the rear
wall in preference to either side wall. In no instance shall a stairway
or fire escape be located on any wall fronting on a street.
(10)
The owner(s) of the one-family lot upon which
the accessory apartment is located shall occupy at least one of the
dwelling units on the premises.
A.
Purpose. It is hereby declared that the preservation
of architecturally historic sites, areas, buildings and landmarks
located in the Town of Galway is essential to the general welfare
of the community. The purpose of this section is to:
(1)
Safeguard the heritage of the Town of Galway by preserving
sites and districts in the Town which reflect its cultural, social,
economic, political and architectural history.
(2)
Protect buildings, structures, and areas in the Town
which are recognized as architecturally historic sites and landmarks.
B.
Planning Board review. During any subdivision or site
plan review process, the Planning Board shall consider impacts of
new development on any adjacent structure or location that is listed
on, or eligible for listing on, the state and federal national historic
registers and shall take into consideration the following:
(1)
Consistency of the project with existing conditions
and the general appropriateness of the exterior design arrangement,
texture and materials proposed to be used in relation to the historic
resources. New construction should be consistent with the architectural
style of historic resources.
(2)
The scale of proposed alteration or new construction
in relation to the property itself and any surrounding historic properties.
(3)
Visual compatibility with surrounding historic resources.
[Added 4-8-2014 by L.L.
No. 1-2014; amended 10-13-2015 by L.L. No. 2-2015; 5-10-2016 by L.L. No. 1-2016]
The following general performance standards are applicable to
all zoning districts within the Town of Galway unless otherwise provided
herein. No use shall be permitted that does not conform to the following
standards of use, occupancy and operation, in addition to all relevant
provisions or other local, state and federal laws, rules or regulations.
A.
Noise.
(1)
No person shall operate or cause to be operated any source of sound
in such a manner as to create a sound level which exceeds the limits
set forth for the receiving land use category stated below when measured
at or within the property boundary of the receiving land use:
|
Receiving Land Level Use Category
|
Sound Limit (dBa)
|
|---|---|
|
Residential
|
55
|
|
Commercial
|
62
|
(2)
For any source of sound which emits a pure tone, a discrete tone
or an impulsive sound, the maximum sound limits set forth above shall
be reduced by five dBa.
B.
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases
that would not normally be associated with a residential or agricultural
premises shall be disseminated beyond the boundaries or the lot where
such use is located.
C.
Artificial lighting.
(1)
Purpose. The purpose of this section is to provide regulations for
artificial lighting that will:
(a)
Permit the use of artificial lighting that does not exceed the
maximum levels specified herein for nighttime safety, utility, security,
productivity, enjoyment, and commerce;
(b)
Minimize adverse offsite impacts of artificial lighting such
as light trespass and obtrusive light;
(c)
Curtail artificial lighting pollution, reduce skyglow, and improve
the nighttime environment for astronomy;
(d)
Help protect the natural environment from the adverse effects
of artificial lighting from gas or electric or other sources; and
(e)
Conserve energy and resources to the greatest extent possible.
(2)
ARTIFICIAL LIGHTING
FOOTCANDLE
LAND
PROPERTY LINE
STRUCTURE
VERTICAL ILLUMINANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
"Electric" or "gas" or any other "man-made" lighting.
The amount of light from one candle at one foot from the
source of the light.
Includes not only structures but the ground, soil or earth
as commonly understood.
The edges of the legally defined extent of privately owned
property.
A dwelling, barn, pole or elevated object, or a building
or other structured improvement on any premises, of such physical
size as to be capable of having attached thereto or incorporated thereon,
on the exterior, artificial lighting by means of electrical or gas
fixtures.
Illuminance measured or calculated in a plane perpendicular
to the property line.
(3)
Restrictions on artificial lighting. The vertical illuminance provided
by artificial lighting on any land in the Lake District, as delineated
and defined in this chapter, shall not exceed 0.10 footcandle measured
at any point in the vertical plane of a property line.
(4)
Applicability.
(a)
Except as described below, all artificial lighting installed
or used after the date of effect of this section shall comply with
these requirements. This includes, but is not limited to, new artificial
lighting or replacement of such lighting, or any other such artificial
lighting, whether attached to structures, poles, the land, or any
other location, including such artificial lighting installed by any
third party.
(b)
Notwithstanding any provision of this chapter, section, or law
to the contrary, no artificial lighting existing prior to the effective
date of this section shall be deemed a nonconforming use or otherwise
exempted from the application of this section.
(c)
The following are not regulated by this section: Artificial
lighting within a public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply,
however, to any artificial lighting within the public right-of-way
or easement when the purpose is to illuminate areas outside the public
right-of-way or easement, unless regulated with any "streetlighting
ordinance" adopted by the Town of Galway.
(d)
Artificial lighting installed prior the effective date of this
section shall comply with the following:
[1]
Amortization. On or before one year from the effective date
of this section, all artificial lighting shall comply with this section.
[2]
New uses or structures, or change of use. Whenever there is
a new use of a property (zoning or variance change) or the use on
the property is changed, all artificial lighting on the property shall
be brought into compliance with this section before the new or changed
use commences.
[3]
Additions or alterations.
[a]
Major additions. If a major addition occurs on
a property, artificial lighting for the entire property shall comply
with the requirements of this section. For purposes of this section,
the following are considered to be major additions:
[i]
Additions of 25% or more in terms of additional dwelling units,
gross floor area, seating capacity, or parking spaces, either with
a single addition or with cumulative additions after the effective
date of this section.
[ii]
Single or cumulative additions, modification or
replacement of any artificial lighting existing as of the effective
date of this section.
[4]
Resumption of use after abandonment. If a property with nonconforming
artificial lighting is abandoned for a period of six months or more,
then all artificial lighting shall be brought into compliance with
this section before any further use of the property occurs.
D.
Industrial wastes. No solid or liquid wastes shall be discharged
into any public sewer, common or private sewage disposal system, stream
or into the ground, except in strict conformance with the standards
approved by the New York State Department of Health and Environmental
Conservation or other duly empowered agency.
E.
Fire and explosion hazards. All activities involving and all storage
of flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
firefighting and fire-suppression equipment and devices standard in
the industry. All applicable requirements of the New York State Fire
and Building Codes, as well as the provisions of the National Fire
Protection Association (NFPA) Code, shall be fully observed.
F.
Maintenance of developed lots. All open portions of any developed
lot shall have adequate grading and drainage and shall be continuously
maintained in a dust-free and erosion-resistant condition by suitable
landscaping with trees, shrubs, grasses or other planted ground cover
or by paving with asphalt, concrete, washed stone or other suitable
material. Required yard areas shall be planned and maintained in such
a manner as to provide an inoffensive setting which is consistent
with the general use of the area.
