In interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, general welfare and other purposes enumerated in the enactment clause of this chapter. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing easements, covenants or other agreements between parties or any existing provisions of law.
The Town Board shall appoint a Code Enforcement Officer, who shall be charged with the general administration and the enforcement of the Town of Galway Zoning Law and the executive administration of the New York State Uniform Fire Prevention and Building Code. The Town Board shall fix the term of office, the salary or remuneration of such office and shall provide for the payment thereof. The Town Board may also appoint a Deputy Code Enforcement Officer, who shall be similarly empowered to act during the absence or at the direction of the Code Enforcement Officer.
In relation to this chapter, it shall be the Code Enforcement Officer's duty to:
A. 
Issue building permits and certificates of occupancy where compliance is made with the provisions of this chapter and to refuse to issue or revoke the same in the event of noncompliance, giving prompt written notice of such refusal or the revocation of any permit and the reason therefor to the owner or occupant of the premises.
B. 
Keep the Zoning Board of Appeals and Planning Board advised of all matters, other than routine duties, pertaining to the enforcement of this chapter and to keep all records necessary and appropriate to his office and to file them in the office of the Town Clerk, including records of all permits and certificates of occupancy issued or withheld.
C. 
Refer appropriate matters to the Zoning Board of Appeals or the Planning Board for actions required by those boards.
D. 
Submit a report each month to the Town Board, Planning Board, Zoning Board of Appeals and Assessors enumerating the applications received, exceptions made and the action taken.
E. 
Initiate stop-work orders and/or appropriate legal action on behalf of the Town to achieve enforcement of this chapter, Chapter 100, Subdivision of Land, and the Uniform Fire Prevention and Building Code and may act as prosecutor on behalf of the Town on a case-by-case basis upon advice of the Town Attorney.
F. 
Maintain a list of all nonconforming users and notify all nonconforming users immediately when changes to this chapter or other laws change or impact on nonconforming status and to advise all new nonconforming users created by changes in the law.
G. 
Review all building permit applications for new construction or substantial improvements in designated flood hazard areas. If a proposed building site is in a flood hazard area, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; use construction materials and utility equipment that are resistant to flood damage; and use construction methods and practices that will minimize flood damage; and require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
H. 
Refer all building permit applicants for permit activities impacting designated wetlands to the Region 5 Department of Environmental Conservation (DEC) office for preapproval. No permits impacting on a designated wetland will be issued until cleared by the Department of Environmental Conservation.
I. 
Issue appearance tickets on local Town courts for violations of this chapter and the Uniform Fire Prevention and Building Code.
A. 
All building permits will be issued through the office of the Code Enforcement Officer. All construction applications above will be filed with the Code Enforcement Officer and from that point will follow one of three tracks:
(1) 
First and least complex, for those permitted uses listed in Appendix 4,[1] a building permit may be issued directly by the Code Enforcement Officer.
[1]
Editor's Note: Appendix 4 is included at the end of this chapter.
(2) 
For those uses requiring a site plan approval or special use permit, the application will be referred to the Planning Board for a special use permit authorization (see Article VII, § 115-75). The Planning Board, as a result of a project analysis, may establish certain conditions which must be met or financially secured to protect the Town before the project can be issued a permit by the Code Enforcement Officer.
(3) 
Lastly, for proposed uses not listed in any of the appendices or listed but proposed "out of zone," both a use variance (see Article VII, § 115-71) and a special use permit will be required for approval. In those cases, the Code Enforcement Officer shall forward the application first to the Zoning Board of Appeals for processing as a use variance.
B. 
The Zoning Board of Appeals will evaluate the proposal and determine if the project meets the criteria for issuing a use variance. If the Zoning Board of Appeals grants the variance, the proposal will then undergo a site plan review and special permit approval processes by the Planning Board (Article VII, § 115-75), which may or may not impose conditions for design and construction. Following the site plan review and appropriate authorization by the Planning Board, a building permit will be issued by the Code Enforcement Officer subject to conditions imposed.
C. 
There shall be submitted initially with all applications for building permits two copies of a layout or plot plan showing the actual dimensions of the lot to be built upon, the actual size and location on the lot of the building and accessory buildings to be erected, the general driveway location and such other information as may be necessary to determine and provide for the enforcement of this chapter. Additional copies may be required if the project requires a site plan review.
D. 
One copy of a final layout or plot plan shall be returned to the applicant when approved by the Code Enforcement Officer, together with a building permit, upon payment of a fee as set by the Town Board.
No permit for the erection of any building (except in the Lake District on existing private roads) shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Town Map or Plan or, if there is no Official Map or Plan, such street or highway is (1) an existing state, county or Town highway; (2) a street shown upon a plat approved by the Planning Board and released for building; or (3) a designated rear lot as specified in this chapter.
A. 
Notice of violation. A notice of violation of any provision of this chapter, or any rule or regulation adopted pursuant thereto, shall inform the recipient of:
(1) 
The nature and specific details of such violation;
(2) 
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto;
(3) 
The date of compliance by which the violation must be remedied or removed; and
(4) 
The recipient's right to a hearing before the Code Enforcement Officer, as provided below.
B. 
Right to hearing. Any person served with such notice of violation and who denies the existence of the violation or is allegedly aggrieved by the required action necessary for compliance may, within 10 days of service of notice, require in writing a hearing before the Code Enforcement Officer, specifically noting the reasons why such hearing is requested.
(1) 
Within 10 days after receipt of such request for a hearing, the Code Enforcement Officer shall acknowledge receipt in writing and set a time and place for such hearing not later than 30 days after the date such request was received. Such hearing may be postponed beyond the thirty-day limit for just cause, with notice of such postponement served. At such hearing, the person requesting the hearing shall be required to show cause or give evidence why he should not be required to remedy the violation or why he is unable to comply with the remedial action outlined in the notice of violation.
(2) 
After consideration of all testimony given at such hearing, the Code Enforcement Officer shall either sustain, withdraw, or modify the notice of violation as originally served. If the notice is sustained or modified, the Code Enforcement Officer shall set a new compliance date either consistent with the original notice of violation or extended as appropriate. Such extension shall only be permitted if there exist both reasonable evidence of intent to comply and reasonable conditions which prevent compliance by the previously specified date.
C. 
Penalties.
(1) 
Civil penalty. Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $250 and/or imprisonment for not more than 15 days for each such offense. The owner, general agent or contractor of a building premises, or part thereof, where such a violation has been committed or does exist, and any agent, contractor, architect, builder corporation or other person who commits, takes part or assists in such violations shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Town; each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be given in writing by the Code Enforcement Officer and shall be served by registered mail or personal service.
[Amended 1-31-2017 by L.L. No. 1-2017]
(2) 
Court action. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain by injunction, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
(3) 
Taxpayer action. If the Code Enforcement Officer fails or refuses to act upon or refer a violation of this chapter to the Town Attorney for legal action in accordance with the provisions contained herein within a ten-calendar-day period following written request by any taxpayer to so proceed, then any three or more taxpayers of the Town of Galway, who are jointly or severally aggrieved by such violation, may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
A. 
Escrow. In connection with any application for a special permit, site plan approval, subdivision approval, zoning amendment, other local law change, planned development district, use variance, area variance, interpretation, or other land use application or appeal, the reviewing board may, in addition to the requirements of SEQRA and inspections, require an applicant to deposit an initial sum of money into a non-interest-bearing escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Town for professional review of the particular type of application before it. For the purpose of this section, professional review services shall be defined as, but not limited to, those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals.
B. 
Said escrow shall be used to pay the reasonable and necessary costs of a proper and thorough professional review of the application. The review expenses provided for herein are in addition to application or administrative fees required pursuant to other provisions of this chapter and the Town Code. Money deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses. The review and escrow requirements governed by this section shall include environmental review pursuant to SEQRA.
C. 
In the event that the previously established escrow fees are insufficient to pay for the necessary charges, then the board before whom the applicant is appearing shall require additional payments to be made to the escrow fund, and until such payment is made by the applicant the board shall not place said application on the agenda or review said application.
D. 
In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy shall be withheld or suspended by the reviewing board, officer or employee of the Town until such monies are deposited. There will be no conditional approvals given on the basis of future payments to be made. Payment in full must be made prior to the granting of preliminary and final approval.
E. 
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Town have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
F. 
Exceptions. This section shall not apply to area variance applications for single-family residential uses.
G. 
The Supervisor is empowered to delegate to the Planning Board Secretary, the Zoning Board of Appeals Secretary and the bookkeeper the functions of having custody of escrow account records.
A. 
A Zoning Board of Appeals, consistent with the provisions of the Town Law applicable thereto, is hereby established. The Zoning Board of Appeals shall consist of five members to be appointed by the Town Board. The Chairman will be designated by the Town Board. Each such member shall have been a resident of the Town of Galway for a period of one year prior to the effective date of appointment. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs. Member appointments shall be staggered and for a period of five years, except that three successive absences from regular or special meetings or four meetings total in a calendar year may be considered cause for removal by the Town Board. The Town Board will appoint a Clerk to the Zoning Board of Appeals who will report to the Chairman for duties involving the Zoning Board of Appeals. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term. The Town Board shall have the power to remove any member of the Board for cause and after public hearing.
B. 
The Board of Appeals shall designate its Secretary and may prescribe rules in addition to those provided herein for the conduct of its affairs as follows:
(1) 
The day and time by which applications for new matters, and supplemental materials for pending matters, must be submitted to the Secretary of the Zoning Board of Appeals in order to be considered at the next meeting of the Board.
(2) 
The number of copies of materials that must be submitted for new and pending matters.
(3) 
The maximum number of applications that may be heard at a regular meeting of the Board.
(4) 
The form of the applications for variance and interpretation requests including the use of a long-form or a short-form environmental assessment form [see 6 NYCRR 617.2(20) of the State Environmental Quality Review Act regulations] for certain matters.
(5) 
The maximum length of time of a regular meeting of the Board.
(6) 
The conduct of applicants and the public at meetings and public hearings of the Board.
The Zoning Board of Appeals shall have all the powers and duties which are prescribed by Town and state laws and by this specific chapter of the Town of Galway. The specific duties and powers are as follows:
A. 
Interpretation. On appeal from an order, requirement, decision, or determination made by an administrative official, or on request by an official, board, or agency of the Town, the Zoning Board of Appeals shall have the power to decide any question involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto upon appeal from a decision by an administrative official.
B. 
Variances. The Zoning Board of Appeals is also authorized, upon appeal in specific cases, to grant such variances from the terms of this chapter as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, there are unnecessary hardships or practical difficulties in the way of carrying out of the strict letter of this chapter, subject to terms and conditions to be fixed by the Board; provided, however, that no such variance shall be granted unless the Board finds the following.
(1) 
Use variances. A use variance is one which substantially runs counter to the basic intent of this chapter, such as commercial placement in a residential zone, spacing for density control, prohibited use, etc. In order to qualify for use variance, an applicant must provide evidence for the record that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b) 
The alleged hardship relative to the property is unique and does not apply to a substantial portion of the district or neighborhood.
(c) 
The requested use variance, if granted, will not alter the essential character of the neighborhood.
(d) 
The alleged hardship has not been self-created.
(2) 
Area variance. An area variance is one which addresses matters of practical difficulties in meeting the requirements of this chapter, such as side lot distances, frontages, setbacks, etc. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making its determination on an application for an area variance, the Zoning Board of Appeals must consider the following:
(a) 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
(b) 
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.
(c) 
Whether the requested area variance is substantial.
(d) 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(e) 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of an area variance.
A. 
Form. All applications made to the Board of Appeals shall be in writing and on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall, with specificity, set forth the interpretation that is claimed, and/or the specific nature of the variance which is applied for, and the grounds on which it is claimed the interpretation or the variance should be granted. In addition, an application for a use variance must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
B. 
Meetings, minutes and records. Meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
C. 
Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days of the date of vote and decision and shall be a public record.
D. 
Assistance. The Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.
E. 
Jurisdiction. Unless otherwise provided by local law or ordinance, the jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and in reviewing any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of Chapter 115 of the Town of Galway Code. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
F. 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that any of the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
G. 
Time of appeal. An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of such ordinance or local law, by filing with such administrative officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the date set for hearing on such appeal.
H. 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with the administrative officer, that by reason of facts stated in the certificate a stay, would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and for due cause shown.
I. 
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall cause public notice of said hearing to be published in a paper of general circulation in the Town at least 10 days prior to the date thereof. In addition to publication of the notice, notice of the substance of every appeal for an interpretation or variance, together with the notice of hearing thereon, shall be mailed at least 10 days before the date of said hearing, not counting the date of the hearing, to the owners of all property abutting that held by the applicant, whether or not involved in such appeal or application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Town. If an application for a use variance contains an agricultural data statement, a copy of the written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformity herewith shall not be deemed to invalidate any action taken by the Zoning Board of Appeals.
J. 
Costs. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.
K. 
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the close of the public hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
L. 
Default denial. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Enforcement Officer within the time allowed by Subsection K herein, the appeal shall be deemed as denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to a rehearing process.
M. 
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant.
N. 
Notice to Saratoga County Planning Board. At least 10 days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the Saratoga County Planning Board or agency or regional planning council, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 therein.
O. 
Compliance with the State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
P. 
Time limit. Any area variance or use variance which has been granted by the Zoning Board of Appeals pursuant to this article shall be void if construction is not started within one year of the date of approval, and completed within two years of the date of such approval. In addition, the variance shall be void if the associated use shall have ceased for more than 12 consecutive months for any reason. Under extraordinary circumstances, these criteria may be waived by the ZBA.
Q. 
Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the Code Enforcement Officer for a violation of this chapter, the Zoning Board of Appeals shall not review, hold public meetings or public hearings, and shall take no action regarding an application for area variance approval, use variance approval, or interpretation until notified by the Code Enforcement Officer that such violation has been cured or ceased by the applicant. However, the Board may, upon written recommendation of the Code Enforcement Officer, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
R. 
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All applications for variances or interpretations shall be made to the Zoning Board of Appeals.
S. 
Every appeal or application shall refer to the specific provision of the law involved and shall exactly set forth the interpretation that is claimed, the use for which the special consideration is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
T. 
Variances granted must be the minimum variance that will accomplish the purpose for which sought.
U. 
In granting any such variance, the Zoning Board of Appeals may prescribe any terms or conditions considered necessary or desirable.
V. 
Reasons for granting or denying variances shall be fully set forth in the written findings supported by documentary evidence for or against.
A. 
The Town of Galway Planning Board, consistent with the provisions of the Town Law applicable thereto, is hereby established.
B. 
The Planning Board shall consist of five members appointed by the Town Board. Each such member shall have been a resident of the Town of Galway for a period of one year prior to the effective date of appointment.
C. 
The Planning Board shall prescribe rules for the conduct of its affairs. Member appointments shall be staggered for a period of five years, except that three successive absences from regular or special meetings or four meetings in a calendar year may be considered cause for removal by the Town Board. The Town Board shall appoint a Clerk to the Planning Board, who will report to the Chairman for duties involving the Planning Board. The Chairman will be designated by the Town Board.
A. 
General duties. While the Zoning Board of Appeals concentrates primarily on interpretation of this chapter, the granting of variances from this chapter and interpretation of district boundaries, the Planning Board is focused broadly on review and approval of subdivisions and commercial development, recommendation of changes to the Town Comprehensive Plan, changes to streets and roads, Town environmental reviews and special permitted uses having a community impact requiring a site plan review. In the latter case, when a use variance for a special permitted use is involved, the Zoning Board of Appeals will first rule on the suitability and acceptability of the proposal. If a use variance is granted subject to site plan review conditions and/or a Type I SEQRA review by the Planning Board, the Planning Board will proceed with the subsequent reviews and advise the Zoning Board of Appeals and those listed in § 115-75 of this article of the outcome.
B. 
Specific duties.
(1) 
By authority of the resolutions of the Town Board of the Town of Galway, adopted on the 20th day of February 1973, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Galway is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and to approve preliminary plats with that part of the Town of Galway outside the limits of the incorporated village.
(2) 
It is declared to be the policy of the Town Board to consider land subdivision plats as part of the plan for orderly, efficient and economical development of the Town. This means that the land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Proper provision shall be made for drainage, water supply, sewerage and other needed improvements. All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties. Proposed streets shall compose a convenient system conforming to the Official Map of the Town (as it may be adopted) and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings. Proper provision shall be made for open spaces, parks and playgrounds.
(3) 
Additionally, the Planning Board will further perform:
(a) 
Site plan reviews and special use permit approvals for certain uses in the Town in accordance with this chapter.
(b) 
Environmental quality reviews pursuant to Article 8 of the New York State Environmental Conservation Law and Local Law Nos. 2-1977 and 2-1983.[1]
[1]
Editor's Note: Said local laws were repealed 7-9-1996 by L.L. No. 1-1996 as the provisions are covered by New York State statute.
(c) 
Studies and recommendations to the Town Board for layout, opening, closing off or abandonment of streets, highways or public areas within the Town of Galway outside the limits of the Village of Galway.
(d) 
Recommendations of changes to the Town of Galway Comprehensive Plan.
(4) 
In addition, the Town of Galway Planning Board shall review subdivision proposals and other proposed new developments, including commercial projects in designated flood zones, to assure that:
(a) 
All proposals are consistent with the need to minimize flood damage.
(b) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed so as to minimize or eliminate flood damage.
(c) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d) 
Potential impacts on designated wetlands have been reviewed by the New York State Department of Environmental Conservation.
(5) 
In performing assigned duties, the Planning Board will conform to the provisions of this chapter, as applicable, the Subdivision Regulations for the Town of Galway, New York,[2] including the Subdivision Design and Construction Standards, and applicable New York State laws and statutes.
[2]
Editor's Note: See Ch. 100, Subdivision of Land.
C. 
Copies of Planning Board minutes and action documents will be forwarded to the Town Clerk, Town Board, Chairpersons of the Zoning Board of Appeals and Assessors and to the Code Enforcement Officer.
Note: Operating permits as required by Local Law No. 1 of 2007, providing for administration and enforcement of the New York State Uniform Fire Prevention and Building Code, Section 10, may be required.[1]
A. 
Introduction and statement of purpose.
(1) 
Purpose. The purpose of this section is to provide regulations governing the standards for review and design, and due process for special use permit approval and site plan approval. These regulations are designed to protect the community from traffic congestion, noise, flooding, excessive soil erosion, excessive noise and odor and other forms of pollution; to provide for design that will be in harmony with the appropriate and orderly development of the district in which it is located; and to ensure that the impact of new development and redevelopment are mitigated by compliance with reasonable conditions. The Town of Galway values the mixed-use character of the Town, and wishes to encourage residential and nonresidential growth involving reuse of existing structures and development of new structures in a manner that is protective of the rural, historic, scenic, and environmental character of the Town. These regulations are also designed to ensure that land development conforms to the Town's planning goals and objectives as expressed in its Comprehensive Plan.
(2) 
Consistency requirement. Before approving any use that is subject to special use permit and/or site plan approval, the Planning Board must make a written finding that the proposed use is one that is allowed within the district in accordance with the Schedule of Uses,[2] that it meets the special use permit and site plan approval criteria as specified herein, and that the site layout, site design and architectural appearance will enhance and be protective of the aesthetic, historic and environmental features of the Town. In preparing a plan for development of land, the applicant shall give attention to the goals, objectives and the land use policies of the Town in the specific area in which the development is proposed. The Planning Board shall determine whether the site use, site design and architecture proposed by an applicant comply with the land use and environmental protection policies and objectives of the Town of Galway, including those expressed in the Town Comprehensive Plan.
[2]
Editor's Note: The Schedule of Uses is included at the end of this chapter.
(3) 
Applicability. Special use permit and/or site plan approval by the Planning Board, in accordance with this section, is required for the following uses and activities:
(a) 
All specially permitted uses and uses accessory thereto as set forth in the Schedule of Uses.[3]
[3]
Editor's Note: The Schedule of Uses is included at the end of this chapter.
(b) 
All uses and uses accessory thereto which require site plan approval as set forth in the Schedule of Uses.
(c) 
Activities for which a use variance has been approved (site plan approval).
(d) 
A change of use involving a nonconforming use to another nonconforming use or to a conforming use other than a single-family residence (site plan approval).
(e) 
Extension, alteration or additions to a nonconforming building (site plan approval).
(f) 
Extension, alteration or additions to a conforming building containing a nonconforming use (site plan approval).
(4) 
Exemptions. Site plan approval is not required for the construction, extension or alteration of a single-family residential dwelling and accessory structures thereto on a lot legally in existence as of the date of adoption of this chapter, or for construction on a lot approved by the Planning Board for residential purposes pursuant to the Town Subdivision Regulations.[4] In addition, approval under this section is not required for the construction, extension or alteration of principal or accessory structure used for agricultural purposes, provided such agricultural use is legally in existence as of the date of adoption of this chapter, or is situated on property located within a County Agricultural District.
[4]
Editor's Note: See Ch. 100, Subdivision of Land.
B. 
Special use permit review and approval.
(1) 
Reviewing agency. Pursuant to Town Law § 274-b, Subdivision 2, the Planning Board is hereby empowered to review and approve special use permit applications as provided in this chapter.
(2) 
General. All uses allowed subject to special use permit approval are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located, provided the Planning Board makes a written finding that the individual case meets the special use permit approval standards of this chapter.
(3) 
Approval required. Where special use permit and/or site plan approval is required by this chapter, no building permit or certificate of occupancy shall be issued by the Code Enforcement Officer until such plan has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no certificate of occupancy shall be issued until all of the requirements of this chapter, and any condition of special use permit approval, have been complied with. All uses allowed by special use permit are subject to the requirements for site plan approval unless site plan approval is waived by the Planning Board as set forth herein. No authorization is granted for a waiver of the special use permit requirements of this article.
(4) 
Compliance. All applications for any use allowed subject to the issuance of a special use permit shall be accompanied by a sworn statement by the owner of subject property that the proposed use will be constructed and operated in accordance with the standards and qualifications hereinafter set forth. The Planning Board shall not issue a permit to allow any use subject to the special use permit provisions of this chapter unless said Board first finds that the use, as proposed, shall be in compliance with the standards set forth in this section.
(5) 
Violations. No special use permit or site plan approval shall be issued for any use or construction where there is on the subject property an existing violation of this chapter. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Code Enforcement Officer, the Planning Board shall not review, hold public meetings or public hearings, and shall take no action regarding an application for special use permit approval until notified by the Code Enforcement Officer that such violation has been cured or ceased by the applicant. However, the Planning Board may, upon written recommendation of the Code Enforcement Officer, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
(6) 
Special use performance standards. In granting any special use permit, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general in the Town, and of the immediate neighborhood in particular. The Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Planning Board shall give specific consideration to the following:
(a) 
Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.
(b) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance which will jeopardize the health of any employee or adjacent resident or property or otherwise adversely affect the operation of any equipment other than that on the premises.
(c) 
Noise. The maximum noise level at the property line applicable to the use involved shall not exceed 70 dBA as measured in accord with the procedure specified by the American National Standards Institute.
(d) 
Vibration. No vibration shall be permitted which is detectable, other than by instrument, at the property line.
(e) 
Glare. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.
(f) 
Smoke. No emission shall be permitted of a shade equal to or darker than Ringelmann Smoke Chart No. 2.
(g) 
Odors. No emission of odorous gases or other matter shall be permitted in a quantity or of a type that permits it to be detectable, other than by instrument, at the property line.
(h) 
Other forms of air pollution. No emission of fly ash, dust, smoke, vapors, gases or other forms of air pollution shall be permitted which can jeopardize human health, animal or vegetable life or which otherwise contributes to the deterioration of or detracts from adjacent properties. This would include construction-related dust and odors.
(i) 
Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.
(j) 
Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations.
(k) 
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with §§ 115-40 and 115-41 to prevent parking in public streets of the vehicles of any persons connected with or visiting the use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking Report, shall be employed to demonstrate shared parking effects.
(l) 
Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.
(m) 
Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical.
(n) 
Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and of the Town of Galway, and shall not adversely affect the general welfare of the inhabitants of the Town.
(o) 
Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas.
(p) 
Sewage treatment and water supply. The adequacy of available sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs of the proposed activity or use. This consideration shall include, but not be limited to, the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater.
(q) 
Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.
(r) 
Nuisances. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, fumes, vibration or lighting than would the operations of a permitted use.
(s) 
Size and scale. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.
(t) 
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(u) 
Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
(7) 
Measurement of standards. The determination of the existence of any dangerous or objectionable element shall be made at:
(a) 
The point or points at which any fire, explosion, radioactivity, electrical, smoke or other air pollution is most apparent or likely to create a hazard or nuisance; or
(b) 
The property lines of the use creating such elements as noise, vibration, glare or odor.
(8) 
Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this section, as determined by the Planning Board, shall be deemed a prohibited use and a special use permit shall be denied by said Board.
(9) 
Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board. The application must include an environmental assessment form and all necessary documentation to comply with SEQRA. No application shall be deemed complete until a determination of no significance has been made, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Prior to submittal of a formal application for special use permit approval, applicants are encouraged to meet with the Code Enforcement Officer to review the proposed application and obtain a clear understanding of the application requirements, and the requirements of the Town Zoning Law. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.
(10) 
Agricultural data statement. An application for a special use permit must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
(11) 
Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required.
(12) 
Procedures. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing. In addition, not less than 10 days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. If an application for special use permit approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.
(13) 
Notice to Park Commission and Saratoga County Planning Board or agency or regional planning council. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the Saratoga County Planning Board or agency or regional planning council, as required by § 239-m of the General Municipal Law.
(14) 
Time of decision. The Planning Board shall decide upon the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and General Municipal Law §§ 239-l and 239-m. In rendering its decision, the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant.
(15) 
Renewals. The Planning Board may require that a special use permit be periodically renewed, provided such condition is directly related to and incidental to the proposed use. In this case, special use permit renewal shall be withheld only upon a determination that the conditions required and described by the Board, in conjunction with issuance of the original special use permit, have not been or are no longer being complied with. In such cases, at least 60 days shall be granted the applicant to bring the use and/or the site into full compliance prior to the revocation of the permit.
(16) 
Expiration. A special use permit shall be deemed to authorize only the particular special use or uses permitted in any district and shall expire if:
(a) 
Construction has not been commenced within one year, and has not been completed within two years of the date special use permit approval is granted. If no construction is involved, approval shall expire if the use or uses have not been commenced within one year of the date special use permit approval is granted.
(b) 
The special use or uses shall have ceased for more than 12 consecutive months for any reason. In extraordinary circumstances, these criteria may be waived by the governing board.
(17) 
Compliance with SEQRA. The Planning Board shall comply with the provisions of the SEQRA under Article 8 of the Environmental Conservation Law and 6 NYCRR 617.
(18) 
Appeals. Any person aggrieved by any decision of the Planning Board hereunder may apply to the Supreme Court for review pursuant to § 274-b of the Town Law.
(19) 
Review and revocation of existing special use permits. The Planning Board shall review, and revoke and/or modify, any previously issued special use permit if such original permit conditions have been violated.
C. 
Site plan review and approval.
(1) 
Conceptual plan review. A preapplication review is recommended prior to submission of a formal application for site plan approval. The preapplication conference is intended to reduce the review time for Planning Board consideration of proposed site plans by allowing early review of a development plan by the Town Building, Engineering and Planning Department staff. An application for conceptual plan review may be submitted to the Building Department for review by the Code Enforcement Officer. Upon receipt of an application for preapplication review, the Code Enforcement Officer shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered. The applicant or the applicant's representatives shall be present at the meeting to discuss the application. The preapplication review shall be limited to a review of the basic concept of the proposal, and to resolve problems with meeting the requirements of this chapter which might occur during formal Planning Board consideration. The preapplication review and consultation shall be nonbinding. The Code Enforcement Officer shall report to the Planning Board the result or outcome of the meeting, including any disputes between the applicant and the Code Enforcement Officer as to the information required to complete the application and any interpretation of this chapter. After the preapplication review, nothing herein shall be construed to prevent an applicant from submitting a formal application for site plan review and approval to the Planning Board. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.
(2) 
Formal site plan applications. An application for site plan approval shall be submitted to the Planning Board on forms provided by the Board for such purpose. The application shall be complete and in a form acceptable to the Planning Board and shall be accompanied by a detailed site plan. The site plan shall use as a base map an accurate boundary and topographic survey of the property depicting all existing improvements and grades prepared by a New York State licensed land surveyor. The site plan shall depict all proposed improvements and shall be prepared by a licensed land surveyor, a professional engineer, a landscape architect, or an architect licensed by the State of New York and shall include the following information:
(a) 
A location map, at a convenient scale, showing the applicant's entire property and all boundaries, easements and streets within 500 feet thereof.
(b) 
The location, size, use and architectural design of all existing buildings and structures.
(c) 
The location of all property lines and structures within 200 feet of the property boundary, with topography extended 50 feet outward from the site property boundary and 200 feet outward along existing roads.
(d) 
Any proposed division of buildings into units of separate occupancy.
(e) 
Existing topography and proposed grade elevations at a contour interval of not more than two feet, unless waived by the Planning Board, soil types, wetlands and watercourses, one-hundred-year floodplains, bedrock outcrops, slopes in excess of 10%, and the location of trees with a diameter of eight inches diameter at breast height and greater.
(f) 
The location and capacity or number of all existing and proposed roads, driveways, parking and loading areas, including access and egress drives.
(g) 
The location of outdoor storage areas.
(h) 
The location of fire access roads and fire protection features.
(i) 
The location, description and design of all existing and proposed site improvements, including pavement, walkways, curbing, drains, culverts, retaining walls, fences, parks, open spaces, and recreation areas.
(j) 
The location, design and description of water supply and sewage disposal facilities.
(k) 
The location, design and description of stormwater management facilities, including a proposed grading plan.
(l) 
The location, height, size and design of all signs.
(m) 
The location, height, and species of landscape plantings on a landscape plan.
(n) 
The location and design of building-mounted and freestanding lighting and communication facilities.
(o) 
The location, type and design of all waste and refuse storage and handling facilities.
(p) 
The character and location of all power distribution and transmission lines.
(q) 
The location and description of all subsurface site improvements and facilities.
(r) 
The extent and amount of cut and fill for all disturbed areas, including “before” and “after” profiles of typical development areas, parking lots, driveways and roads.
(s) 
Adequate provisions for the handling of stormwater run-off, including retention/detention, piping or channeling to existing or proposed drainage systems during and after construction.
(t) 
Phasing of development, if any.
(u) 
A signature block for Planning Board endorsement of approval.
(v) 
The name and address of the owner of the property proposed for development, along with the signature of said owner.
(w) 
The name and address of the applicant, if different, along with the signature of said applicant.
(x) 
At the request of the Planning Board, any other pertinent information as may be deemed necessary to determine and provide for the proper enforcement of this chapter.
(3) 
Application waiver. In the case of a use conversion which does not require additional construction or site modifications, or in the case of a minor site plan change requiring a building permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable and may waive the requirement of a full site plan review and approval, provided the Board determines that the proposed change in use or site plan change would not result in significant additional traffic generation, wastewater flows, or water consumption, and would not otherwise adversely affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior facade. This determination shall be made to the Code Enforcement Officer, in writing, after decision of the Planning Board.
(4) 
Information waiver. The Planning Board may grant a waiver from the information requirements contained herein where it finds that such information is not relevant to, or is not otherwise required to, conduct the review of the application.
(5) 
State environmental quality review. No application shall be deemed complete until a determination of no significance has been made, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
(6) 
Site plan design criteria. The following criteria are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the historic scenic and visual qualities inherent to the Town of Galway. These criteria, together with the design criteria for the district in which the property is located as set forth in this chapter, shall be considered by the Planning Board during the review of any application requiring site plan approval under this chapter. The specific application of one or more of these criteria, the district design criteria, or any other standard established by this chapter, to an application pending before the Planning Board shall be determined solely by the Planning Board. The following standards are in addition to any other site plan, special use permit, and subdivision requirements of this chapter and the Town Subdivision Regulations.[5]
(a) 
Relationship of structures and buildings to site.
[1] 
In the site plan design, consideration shall be given to the use of traditional building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties shall be recognized as an integral element in the review process.
[2] 
The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safety and economy of pedestrian movement, and safe ingress and egress and parking for vehicles.
[3] 
Utilities shall be located underground.
[4] 
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board shall determine the visual compatibility of a proposed use or site plan change, including concerns for the proportion of the front facade, proportion and arrangement of windows and other openings within the facade (i.e., fenestration), roof shape, and the rhythm and spacing of structures along the street front or roadway, including consideration of setbacks and the treatment of yards.
[5] 
The Planning Board shall encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.
[6] 
Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.
(b) 
Relationship of nonresidential uses to residential uses and districts.
[1] 
Site plans proposed for nonresidential uses adjacent to a residential district or a residential property shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of neighboring residential property and districts.
[2] 
In commercial district buildings, parking areas, access aisles, and parking spaces for nonresidential uses facing or adjacent to property used for or zoned for residential use shall be set back an additional 100 feet from the minimum yard setback to provide a visual and noise buffer. The one-hundred-foot additional buffer, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to completely screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
[3] 
The Planning Board shall ensure that the design of each parking area and access driveway provides adequate room for snow storage.
(c) 
Landscape, buffering and site treatment.
[1] 
Where possible, natural or existing topographic features and patterns that contribute to the beauty and character of a site or neighborhood shall be preserved.
[2] 
Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting appearance and shall be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.
[3] 
Landscape treatment shall be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.
[4] 
Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.
[5] 
Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Vegetation indigenous to the area and others that will be harmonious to the design and exhibit a good appearance shall be used.
[6] 
In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices shall be installed and maintained. The Planning Board may require the use of markers to delineate curbing and other sensitive features to alert snowplow operators of the existence of such features and curbing.
[7] 
Parking areas and trafficways shall be enhanced with landscaped islands, containing trees and tree groupings. The interior (i.e., non-perimeter) areas of a proposed parking area shall be appropriately landscaped, and such landscaping shall comprise not less than 15% of the land area of the proposed parking facility.
[8] 
Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these, with all such enclosures being compatible in material, texture, and color with the principal building or buildings on the site.
[9] 
Landscaping shall be designed and maintained so as not to create hazardous conditions.
[10] 
Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project. All approvals granted under this section are expressly conditioned on the maintenance of the approved landscaping during the life of the proposed use or project.
[11] 
The Board may, at its discretion, consult with one or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses, and the appropriate species, size and number of plants to be installed. The reasonable cost of any landscaping review shall be borne by the applicant.
(d) 
Lighting.
[1] 
Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.
[2] 
The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety without glare to adjoining properties, as determined by the Planning Board. Maximum bulb wattage shall not exceed that required for adequate safety and security as determined by the Planning Board.
[3] 
Freestanding lights shall be appropriate to the design of the structures and shall not exceed 20 feet in height. Wall-mounted light fixtures shall not be mounted higher than 15 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.
[4] 
Illumination at the property line shall not exceed 0.2 footcandle.
[5] 
To assure that site lighting does not adversely affect neighboring properties, the Code Enforcement Officer shall have the authority to require changes to the on-site lighting fixtures to reduce and minimize glare and the splaying of light at the property lines, and to assure continuous compliance with this section. Such changes may include, but are not limited to, lower-wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure of the applicant to implement the changes as directed by the Code Enforcement Officer shall be a violation of any permit or approval granted under this section.
(e) 
Building design.
[1] 
Proposed building design shall recognize compatible building forms indigenous to the community and the neighborhood in which the project is located. In particular, building design shall consider the historic character of the Town of Galway. Adaptive reuse of existing structures is strongly encouraged.
[2] 
Materials proposed for new structures and the rehabilitation/redesign of existing structures shall have good architectural character and shall be selected for harmony with traditional building materials. Except when wholly impractical, natural materials shall be used.
[3] 
Building components such as windows, rooflines, doors, eaves, and parapets shall have well-designed proportions and relationships to one another and be compatible with the historic character of the Town of Galway and the neighborhood setting of the proposed project.
[4] 
Mechanical equipment such as air conditioners, satellite dishes, or other utility hardware located on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from any public way or lands.
(f) 
Water supply and sewage disposal. Projects shall comply with all Health Department standards for water supply and sewage treatment and disposal.
(g) 
Parking and loading.
[1] 
Parking shall not be located within a front, side or rear yard setback. The Planning Board may allow parking spaces within a yard setback line if it finds that such parking will not detract from the aesthetic character of the area and is otherwise consistent with the purposes of this section.
[2] 
The Planning Board shall determine the dimensional requirements for access and internal driveways for the particular use proposed, and may require larger dimensions for site driveways and access roads than the minimum dimensions for site driveways and access roads stated elsewhere in this chapter. The Board shall, as much as practicable, locate driveways for nonresidential uses so that the center line of such driveway shall line up with the center line of a street or driveway opposite the proposed use.
[3] 
Notwithstanding the requirements for off-street loading spaces as specified in § 115-41 of this chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this chapter.
(h) 
Material and equipment storage and waste containers.
[1] 
Material and equipment other than as shown on an approved site plan shall be stored so as to not be visible from adjoining or nearby properties and public roads. Storage of materials shall be within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or a combination of fencing and landscaping, as determined by the Planning Board. In no case shall the height of stored material exceed the height of such screening. No outdoor storage of material shall be permitted within 100 feet of any residential district or any property used for residential purposes.
[2] 
Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, shall be screened from view and designed so as to be fireproof and/or fire-retardant, and to prevent access by rodents, dogs and vermin such as cats. All such enclosures shall remain closed at all times, and shall be designed to prevent blowing of paper and refuse.
(i) 
Ecological considerations.
[1] 
If the site contains wetlands that meet the criteria for classification as federal jurisdictional wetlands, the site plan shall include a recent (not more than two years) delineation of the on-site wetlands together with a tabulation of the amount of disturbance, if any, to the on-site wetlands. If the amount of proposed disturbance exceeds the threshold for coverage under the U.S. Army Corps of Engineers (ACOE) Nationwide Permit Program, the application shall also include a jurisdictional determination by the ACOE.
[2] 
If the site contains wetlands that are classified as state-protected freshwater wetlands, the site plan shall include a delineation of the on-site wetland and the wetland buffer, and shall include the signature of the New York State Department of Environmental Conservation personnel charged with verifying the extent and location of the wetland boundary.
[3] 
The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.
(j) 
Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. The stormwater management design shall include controls for water quantity and water quality as required under the Phase II stormwater program in accordance with the latest State Pollutant Discharge Elimination System permit. All drainage plans shall be reviewed and approved by the Town Engineer.
(k) 
Traffic.
[1] 
All entrance and exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets, and shall meet all current design standards of the appropriate state, county or Town authority unless specifically waived or modified by that authority. No entrance or exit shall be located within 75 feet of any street intersection.
[2] 
On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate.
(l) 
Pedestrian circulation. Pedestrian circulation shall be separated from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches as determined by the Planning Board.
(m) 
Architectural review. In addition to the requirements of this section and Chapter 100, Subdivision of Land, during review of any site plan, the Planning Board may, at its discretion, consult with one or more persons or firms having experience in building architecture and design matters as to the appropriate design of building exterior facades, fenestrations, rooflines, lighting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping, the Planning Board shall evaluate the compatibility of the proposed development with that found elsewhere in the vicinity of the project. The architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this chapter, as amended. The reasonable cost of any architectural consultation and review shall be borne by the applicant.
[5]
Editor's Note: See Ch. 100, Subdivision of Land.
(7) 
Approval procedure. Except those applications for which the Planning Board has waived site plan review, within 62 days of receipt of a complete application, the Planning Board may hold a public hearing. If the Board determines that a public hearing will be held, notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing. In addition, not less than 10 days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application, and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. Such notice shall not be required for adjourned dates. If an application for site plan approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. The Planning Board shall comply with the provisions of General Municipal Law §§ 239-l and 239-m, as amended.
(8) 
Time of decision. Within 62 days of the close of the public hearing, or within 62 days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board's decision shall be filed in the Office of the Town Clerk within five days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations are complied with. Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of approval. Upon verification by the Planning Board that the plan complies with the requirements of the approval, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Planning Board and the Code Enforcement Officer.
(9) 
Site plan approval standards. In rendering its decision concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses, such that:
(a) 
They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.
(b) 
They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.
(c) 
They will be properly related to the uses, goals and policies for land development as expressed in the Town Comprehensive Plan.
(d) 
Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.
(e) 
New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.
(f) 
The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the extent practical, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.
(g) 
The proposed use, buildings and other structures, including outdoor storage areas, recreational areas, site development, landscaping and off-street parking and loading, shall conform to the requirements of this chapter, the Town Subdivision Regulations[6] and all other Town laws.
[6]
Editor's Note: See Ch. 100, Subdivision of Land.
(10) 
Time limit. The site plan approval shall be void if construction is not started within one year of the date of Planning Board approval, and completed within two years of the date of such approval. Prior to its expiration, the site plan approval may be renewed by request of the applicant for up to two additional ninety-day periods.
(11) 
Performance bond or surety. The applicant may be required to post a performance bond or surety in an amount sufficient to assure that all streets or other public improvements shown on the site plan are suitably graded and paved, and that street signs, sidewalks, streetlighting, curbs, gutters, street trees, water mains, sanitary sewers, erosion and sediment control, fire alarm signal devices, including associated ducts, pipes, cable and connecting facilities, are installed in accordance with applicable standards, specifications, and procedures acceptable to the Town.
(12) 
Appeals. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review pursuant to § 274-a of the Town Law.
[1]
Editor's Note: See Ch. 40, Building Code Administration and Enforcement, § 40-10, Operating permits.
A. 
The Town Board may from time to time on its own motion or in petition or on recommendation of the Zoning Board of Appeals or Planning Board after public notice and hearing amend, supplement, change, modify or repeal this chapter pursuant to the provisions of applicable Town Law.
B. 
Every such proposed adjustment shall be referred to the Zoning Board of Appeals and Planning Board for comment at least 30 days before the public hearing thereon.