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TOWN OF QUEENSBURY ZONING ORDINANCE
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Zoning Ordinance Adopted May 25, 1982
Effective Date: June 11 , 1982
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• TOWN OF QUEENSBURY PLANNING BOARD
Richard Roberts, Chairman
Ronald S. Montesi, Secretary Kenneth Sorlin
Hilda Mann (Mrs. ) Joseph S. Dybas
William E. Threw J. Arthur Norton, Former
J. Bryan Harrison Chairman
Donald Krebs, Former Member
TOWN BOARD
Frances J. Walter, Supervisor
Dr. Charles Eisenhart Daniel Olson
Daniel Morrell Hammond Robertson, Former
Betty C. Monahan (Mrs. )
QUEENSBURY BUILDING DEPARTMENT
George Liapes Mack A. Dean
Stephen F. Lynn Edith Bowman
GLENS FALLS AREA LEAGUE OF WOMEN VOTERS
Staff Assistance on this Program was provided by the
Department of Planning and Community Development,
Warren County
110
• TABLE OF CONTENTS
Page
Article 1. Introductory Provisions 1
2. General Provisions 2
3. Zoning Maps 16
4. Zoning Districts & Regulations 18
5. Uses Permitted by Site Plan Reiriew 21
6. Regional Project Review 27
7. Supplementary Regulations 30
8. General Exceptions 42
9. Nonconforming Uses & Structures 43
10. Variances 45
11. Amendments 49
12. Administrative Provisions 50
13. Enforcement 54
14. Cluster Provisions 56
15. Planned Unit Development 58
16. Repealer 65
17. Severability 65
18 . Effective Date 65
APPENDIX
A. Class A Regional Projects
B. Class B Regional Projects
C. Regional Project Review Criteria
ARTICLE 1
• INTRODUCTORY PROVISIONS
Section 1. 010 Short Title. This Ordinance shall be known as the Town
of Queensbury Zoning Ordinance. The Town of Queensbury is
hereinafter referred to as the Town.
Section 1. 020 Authority. Enactment of this Ordinance by the Town is
pursuant to Article 16 of the Town Law of the State of New York
and Article 27 of the Executive Law of the State of New York.
Section 1. 030 Purpose and Objective of the Ordinance. The purpose of
this Ordinance is to promote the health, safety, and general
welfare of the community and protect the property values and
aesthetics of the community by channeling and directing growth,
and by regulating and restricting the height, number of stories
and size of buildings and other structures, the percentage of
lot that may be occupied, the size of the yard,courts and
other open spaces, the density of population and the location
and use of buildings, structures and land for trade, industry,
residence and other purposes, to the maximum extent permissable
within the proper exercise of the police power as delegated by
the Town Law.
• It is the further purpose and objective of this Ordinance to
insure optimum overall conservation, protection, development
and use of the unique scenic, aesthetic, wildlife, recreational,
open space, historic, ecological and natural resources of the
Town (and to satisfy the criteria for approval by the Adirondack
Park Agency of a local land use program pursuant to Section 807
(2) of the Adirondack Park Agency Act) , for the area of the Town
within the Adirondack Park.
Section 1. 040 Zoning Board of Appeals. Pursuant to Section 267 of the
Town Law, the Town of Queensbury has created a "Zoning Board of
Appeals" consisting of seven (7) members appointed by the Town
Board in such manner and for such term as provided in Town Laws.
The Zoning Board of Appeals shall have all the powers and per-
form all the duties prescribed by Statute and by this Ordinance.
The Zoning Board of Appeals shall have appellate jurisdiction
for all matters pertaining to this Zoning Ordinance.
Section 1. 050 Planning Board. Pursuant to Section 271 of Town Law,
the Town of Queensbury has created a "Planning Board" . Said
Board consists of seven (7) members appointed by the Town Board
in such manner and for such terms as provided in the Town Laws.
The Planning Board shall have all the powers and perform all the
duties prescribed by Statute and by this Ordinance. The Planning
Board shall have original jurisdiction for all matters pertaining
• to this Zoning Ordinance pursuant to Section 274A of the Town
Law - Site Plan Review.
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ARTICLE 2 •
GENERAL PROVISIONS
Section 2. 010 Applicability to Land Use or Development Within the Town.
No land use or development shall be undertaken or maintained
except in conformity with all provisions contained in this
Ordinance relating to both the zoning district and the land use
area in which the land, water, site, structure or use is located,
or is proposed to be located, and in conformity with the permit
requirements of Section 12 .070 and 12 .071, if applicable. Where
this Ordinance is more restrictive than covenants or agreements
between parties or other plans or other rules or regulations or
ordinances or the Adirondack Park Agency Act, the provisions of
this Ordinance shall control.
Section 2.011 Authority of the Adirondack Park Agency. Nothing in this
Ordinance shall be deemed to supercede, alter, enlarge, or
impair the jurisdiction of the Adirondack Park Agency, pursuant
to the Adirondack Park Agency Act, to review and approve,
approve subject to conditions, and disapprove those land uses
and developments and subdivisions of land defined therein as
Class A Regional Projects, or otherwise to supercede, alter or
impair the statutory function, duties and responsibilities of
the Agency with regard to matters involving a town in which an
Agency-approved local land use program has been validly adopted
or enacted. Provided that, the Adirondack Park Agency cannot,
in the context of its Class A Regional Project review, override
a local decision not to permit a given land use or development.
Section 2. 020 Definitions.
a) As used in this Ordinance, or in the Appendices thereto,
unless the context otherwise requires:
1. "Accessory Use" means any use of a structure, lot or
portion thereof, that is customarily incidental and
subordinate to and does not change the character of
a principal land use or development, including the
case of residential structures, professional and
artisan activities carried on by the residents of
such structures. See Section 4. 040 (d) .
2. "Accessory Use Structure" means any structure or a
portion of a main structure customarily incidental
and subordinate to a principal land use or development
including a guest cottage not for rent or hire that is
incidental and subordinate to and associated with a
single family dwelling.
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3. "Adirondack Park" or "Park" means land lying within the
area described in subdivision 1 of Section 9.0101 of the
Environmental Conservation Law of the State of New York
including any future amendments thereto.
4. "Adirondack Park Agency" , "APA"or "Agency" means the
Adirondack Park Agency created by Section 803 of Article 27
of the Executive Law of the State of New York.
5. "Adirondack Park Agency Act" means Article 27 of the
Executive Law of the State of New York, including any future
amendments thereto.
6. "Agricultural Service Use" means any milk processing plant,
feed storage supply facility, farm machinery or equipment
sales and service facility for fruits, vegetables and other
agricultural products or similar use directly and customarily
related to the supply and service of an agricultural use.
7. "Agricultural Use" means any management of any land for
agriculture; raising of cows, horses, pigs, poultry, and/or
other livestock, truck gardens, horticulture or orchards,
including the sale of products grown or raised directly on
such land and including the construction, alteration or
maintenance of fences, agricultural roads, agricultural
drainage systems and farm ponds.
8. "Agricultural Use Structure" means any barn, stable, shed,
silo, garage, fruit and vegetable stand or other building or
structure directly and customarily associated with agricultural
use. This term shall also include any milk processing plant,
feed storage facility, farm machinery sales or service facility,
agricultural product storage or processing facility and similar
uses.
9. "Alteration" as applied to a building or structure - means a
change or rearrangement of the structural parts, or an enlarge-
ment or relocation.
10. "Automotive, Auto, Motor Vehicle" means any use pertaining to
motor vehicles. Auto or Automotive may be used to describe
Auto Body Shop, Automobile Service Station, etc.
11. "Buffer Zone" means an undeveloped land area separating certain
zones or uses from one another. Parking or storage of vehicles
or objects associated with the use of the property including
patron' s vehicles is not permitted. Buffer Zones are landscaped
or inhabited with natural foliage.
12. "Building" means any structure which is permanently affixed to
the land, is covered by a roof supported by columns or by walls,
and intended for shelter, housing, or enclosure of persons,
animals or chattels. See definition or structure.
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13. cBougng o any g Pshra e of e qu"am en s 1th e tpimer e or abu doif ng •
the total ground floor area of all principal and accessory
buildings or structures located on any lot, all non-permeable.
surfaces divided by the total lot area on which such buildings
or structures are located.
14. "Building Height" means the vertical distance measured from
the average level of the highest and lowest portion of the
building site covered by the building, to the uppermost portion
of the structure.
15. "Camp" means any one or more of the following, other than a
hospital, place of detention or school offering general
instruction.
Type I. Any area of water or vacant land on which are
located one or more cabins, tents, trailers,
shelters, houseboats, or other accommodations
of a design or character suitable for seasonal
or other more or less temporary living, regardless
of whether such structures or other accommodations
actually are occupied seasonally or otherwise; or
Type II. Any land, including any building thereon, used for
any assembly of persons for what is commonly known
as "day camp" purposes; and in any of the foregoing
establishments whether or not conducted for profit
and whether or not occupied by adults or by children,
either as individuals, families or groups.
16. "Campground" means any area designated for transient occupancy
by camping in tents, camp trailers, motor homes, truck cap
campers, or pickup campers or similar facility designated for
temporary shelter.
17. "Class A Regional Project" means a land use or development
which is classified and defined as such in Appendix A of this
Ordinance, and Section 810 (1) of the APA Act. Only applicable
within the Adirondack Park.
18. "Class B Regional Project" means a land use or development
which is classified and defined in Article 5 and Appendix B of
this Ordinance, and Section 810 (2) of the APA Act. Only
applicable within the Adirondack Park.
19. "Class A Regional Subdivision" means a subdivision which is
classified and defined as such in the Town Subdivision
Regulations. Only applicable within Adirondack Park.
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20. "Class B Regional Subdivision" means a subdivision which is
• classified and defined as such in the Town Subdivision Regulations.
Only applicable within Adirondack Park.
21. "Clearcutting" means any cutting of all or a majority of all
trees over six (6) inches in diameter at breast height over
any ten year cutting cycle.
22. "Cluster Development" means a planned development in which lots
are plotted with less than the minimum lot size and dimension
requirements, but which have access to common open space which
is a part of the overall development plan approved by the Planning
Board as per Section 281 of Town Law.
23. "Commercial Sand and Gravel Extraction" means any extraction
from the land of more than fifty (50) cubic yards in any two
year period of sand, gravel or topsoil (1) for the purpose of
sale or use by persons other than the owner of the land, or
(2) for the purpose of use by any municipality.
24 . "Commercial Recreation Use" means any use involving the pro-
vision of recreation facilities or activities for a fee.
25. "Commercial Use, Transient and/or Temporary" means any com-
mercial use where retail display is principally outdoors or
within temporary structures including tents. Said use is
typically seasonal, not a principal part of a commercial
establishment, operating from the same site and facility year-
round. Such use shall not include community based religious
or civic groups or organizations.
26. "Commercial Use" means any use involving the sale or rental or
distribution of goods, services or commodities, either retail
or wholesale.
27. "Common Facilities" means complementary structures and/or
improvements located on a common open space appropriate for
the benefit and enjoyment of the space by the public or
members of the controlling association or condominium.
28. "Common Open Space" means a parcel or parcels of land and/or
an area of water designed and intended for the private use,
including that of an association or condominium or public
use or enjoyment of the space.
29. "Condominium" means a multi-family project of one-family
dwelling units which may consist of one, a part,or more than
one building, including one building per dwelling unit, wherein
the real property title and ownership are vested in an owner
who has an undivided interest with others in the common usage
areas and facilities which serve the development. A condominum
which affects a division of land into sites (i.e. involves more
• than one building) shall be reviewed as a subdivision.
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30. "Duplex or Dwelling, Two-Family" means a detached building
containing two (2) dwelling units.
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31. "Dwelling, One-Family" - See "Single Family Dwelling" .
32. "Dwelling, Seasonal" means a detached one-family dwelling not
used for permanent residence and not occupied for more than
six (6) months in each year.
33. "Dwelling Unit" means a building or portion thereof providing
complete housekeeping facilities for one family.
34. "Essential Services" means the construction, alteration or
maintenance by public utilities or governmental agencies of
gas, electrical, steam or water transmission or distribution
systems.
35. "Excavation" means any extraction from the land of more than
twenty (20) cubic yards of sand, gravel, clay, shale, rock,
topsoil or other natural mineral deposits.
36. "Family" means an individual, or two or more persons related
by blood or marriage, or a group of not more than four persons
(excluding servants) who are not related by blood or marriage,
living together as a single housekeeping unit in a dwelling
unit.
37. "Farm" means any parcel of land used for an agricultural or
silviculture use including any structure, building or residence
which is incidental to the permitted use. Note: For Farm
classification see Supplementary Regulations, Section 7. 080.
38. "Floor Area, Gross Floor Area" means:
A. Residential - The area in square feet within the
exterior walls of a dwelling unit, not including
attached garages, porches, decks, etc.
B. Commercial, Industrial - The total area in square
feet within the exterior walls of a building or
structure, and when applicable, the sum total of
all floor areas of the principal and accessory
buildings or structures under single ownership or
business.
39. "Forestry Use" means any management, including logging, or a
forest, woodland or plantation and related research and edu-
cational activities, including the construction, alteration
or maintenance of woodroads, skidways, landing, fences and
forest drainage systems.
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40. "Forest Use Structure" means any barn, shed, garage, research
educational or administrative building or cabin directly and
customarily associated with forestry use.
41. "Garage, Private Parking" means an accessory building or
structure, attached or detached, used primarily to shelter
automobiles; and provided that, except on farms, such garage
shall not be used to store more than one (1) commercial vehicle
of greater than one and one-half (11) ton capacity.
42. "Garage, Public Parking" means a structure other than a private
garage used for the storage, sale, hire, care, repair or
refinishing of automobiles.
43. "Group Camp" means any land or facility for seasonal housing
and recreational, educational or business related use by
private groups or semi-public groups, such as boy or girl scout
camp, fraternal lodge or university or college conference center.
44. "Home Occupation" means an accessory use of a service character
conducted entirely within a dwelling, provided that no article
is sold or offered for sale, except as may be produced by only
members of the immediate family residing on the premises, and
which use is clearly incidental to the use of the dwelling for
dwelling purposes and does not change the character thereof and
which in no way shall adversely affect the safe and comfortable
enjoyment of property rights of the zoning district in which it
is located. In addition, no signage shall be allowed advertis-
ing products or services.
45. "Home Owners Association" means a contract agreed to by owners
of homes in an area that provides regulations for the operation
and maintenance of commonly owned facilities and/or open space.
46. "Industrial Use" means any manufacturing, production or assembly
of goods or materials, including any on-site waste disposal area
directly associated with an industrial use. This term includes
junkyards but does not include mineral extractions, private and
commercial sand and gravel extractions, sawmills, chipping mills,
pallet mills and similar wood using facilities.
47. "In Existence" means with respect to any land use or development,
including any structure, that such use or development has been
substantially commenced or completed.
48. "Infill" means a vacant lot between two other lots where there
already exists a principal building on each.
49. "Junk Automobile" means any unregistered, old or second-hand
motor vehicle, no longer intended or in condition for legal use
on the public highways. For the purpose of this definition,
"Motor Vehicle" shall mean all vehicles propelled or drawn by
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power other than muscular power originally intended for use
on public highways.
50. "Junkyard" means any open lot or area for the dismantling,
storage or sale as parts, scrap, or salvage, of used or wrecked
motor vehicles, machinery, scrap metals, waste papers, rags,
used or salvaged building materials or other discarded materials.
51. "Kennel" means an establishment providing a service for the
breeding, boarding and/or care of dogs, but not necessarily a
Veterinary or Animal Hospital.
52. "Landscaping" means the act of changing or enhancing the natural
features, a plot, buffer zone, public open space or other area
or portion of a lot (often as a beautifying feature of a building
or land use) so as to make said area more attractive and/or to
add visual screening. This is accomplished by adding lawns,
trees, shrubs, etc. , and/or through the sculpturing of the
terrain, i.e. earth berms, ponds, walkways, retaining walls,
rock outcrops, etc.
53. "Land Use Area" means those areas delineated on the official
Adirondack Park Land Use and Development Plan Map adopted
under Article 27 of the Executive Law of the State of New York
and designated thereon as "Hamlet" , "Moderate Intensity Use" ,
Low Intensity Use" , "Rural Use" , "Resource Management" , and
"Industrial" , and such portions of those areas as are located
within the Town and delineated on the Adirondack Park Land Use
and Development Plan Map incorporated in this Ordinance by
Section 3. 030 hereof.
54. "Land Use or Development" or "Use" means any construction or
other activity which materially changes the use or appearance
of land or a structure or the intensity of the use of land or
a structure. Land use and development shall not include any
landscaping or grading which is not intended to be used in
connection with another land use, or ordinary repairs or
maintenance or interior alterations to existing structures or
uses.
55. "Lot" means a parcel of land having a distinct and defined
boundary as described by a deed or legal land survey.
56. "Lot, Building" means the land occupied or capable of being
occupied by a building and its accessory buildings, or by a
dwelling group and its accessory buildings, together with
such open spaces as are required under the provisions of this
Ordinance, having not less than the minimum area and width
required by this Ordinance for a lot in the district in which
such land is situated, and having its principal frontage on a
street or on such other means of access as may be determined
in accordance with the provisions of the law to be adequate
as a condition of the issuance of building permit for a build-
411
ing on such land.
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III 57. "Lot Line" means the established division line between different
parcels of property.
58. "Lot, Corner" means a lot situated at the intersection of two
(2) or more streets or highways.
59. "Lot, Depth" means the mean horizontal distance between the
front and rear lot lines measured along the median between
the two (2) side lot lines.
60. " Lot, Front Line" means the lot line which abuts upon a street
or highway right-of-way boundary, or shoreline if the principal
structure faces such shoreline. See Shoreline Regulations,
Section 7. 061, A-2.
61. "Lot, Rear Line" means the lot line opposite and most distant
from the front lot line.
62. "Lot Width" means the average distance between the side lot lines
of the lot.
63. "Major Public Utility Use" means any electric power transmission
or distribution line with associated equipment of a rating of
more than 15 kilovolts which is one mile or more in length; any
telephone interchange or trunk cable or feeder cable which is
one mile or more in length; any telephone distribution faciltiy
containing twenty-five or more pairs of wire and designed to
provide initial telephone service for new structures; any tele-
phone or other communication transmission tower, any pipe or
conduit or other appurtenance used for the transmission of gas,
oil or other fuel which is one mile or more in length, any
electric substation generating facility or maintenance building
and any water or sewage pipes or conduits including any water
storage tanks designed to service fifty or more principal build-
ings. Any use which is subject to the jurisdiction of the Public
Service Commission pursuant to Article Seven or Article Eight of
the public service law or other prior approval by the Public
Service Commission under the provisions of the public service
law is not a major public utility use or a use for the purposes
of this article except for the shoreline restrictions in which
case the bodies having jurisdiction over such uses under such
article or other provisions shall have the authority of the
agency or a local government under this article.
64. "Marina" means a waterfront facility offering two (2) or more
berths or moorings for boats not registered to the property
owner, his family, or renter of the dwelling unit on the same
zone lot and may include the sale of marine products and
services including gas and oil, dry storage, repairs, new and
used boat sales and service, boat rentals or charters.
•
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65. "Mean High Water Mark" means the average annual high water
level. •
66. "Mineral Extraction" means any extraction, other than
specimens or samples from the land of stone, coal, salt, ore,
talc, granite, petroleum products or other materials, except
for commercial sand, gravel, or topsoil extractions, including
the construction, alteration or maintenance of mine roads, mine
tailing piles or dumps and mine drainage.
67 . "Mineral Extraction Structure" means any mine hoist; ore
reduction, concentrating, sintering or similar facilities and
equipment, administrative buildings; garages or other main
buildings or structures.
68. "Mobile Home" means a structure, transportable in one or more
sections, which is built on a permanent chassis, and designed
to be used as a dwelling with or without a permanent foundation,
when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems
contained therein.
69. "Mobile Home Park" means a parcel of land under a single deed
ownership which is designed and improved for the placement of
two or more mobile home units thereof.
70. "Modular" means a factory built component building similar in
construction to an on-site wood frame building and meeting the
same New York State Construction Codes and Energy Code. Addi-
tionally, a modular is transported to a building site and
permanently attched to a foundation.
71. "Motel, Motor Court (Hotels, Lodges and Inns) " means a building
or buildings which provide lodging. In addition motels and
motor courts may provide cooking facilities in units designated
as "housekeeping units" , "housekeeping cabins" or other similar
terminology. See also "Principal Building" (Section 2.020 - 86) .
72. "Motor Homes" - See "Travel Vehicles"
73. "Multiple Family Dwelling" means any apartment, townhouse,
condominium or similar building, including the conversion of
an existing single family dwelling designed for occupancy in
separate dwelling units therein by more than two families.
74. "Nonconforming Lot" means any lot lawfully on record on the
effective date of this Ordinance which does not meet the
minimum lot area and/or lot width or depth requirements of this
Ordinance for the zoning district in which such lot is situated.
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75. "Nonconforming Structure" means any structure which is
lawfully in existence within a given zoning district on
the effective date of this Ordinance but which is not
in conformance with the dimensional regulations for that
zoning district.
76. "Nonconforming Use" means any use which is lawfully in
existence within a given zoning district on the effective
date of this Ordinance but which is not an accessory,
permissible or conditional use for that zoning district.
77 . "Office Building" means a building comprised of more than
50% of the gross floor area used for office space as com-
pared with home occupation where offices are considered as
a secondary or incidental use.
78. "Open Space" means land not covered by buildings, pavement,
open storage, mining operations, or any other use that
visually obscures the natural or improved landscape, except
for recreation facilities.
79. "Open Space Recreation Use" means any recreation use partic-
ularly oriented to and utilizing the outdoor character of an
area; including a snowmobile, trail bike, jeep or all-terrain
vehicle trail, cross-country ski trail, hiking and backpacking
trail, bicycle trail, horse trail, playground, picnic area,
410 public park, public beach or similar use.
80. "Parking Area, Private" means an open area for all the same
uses as a private parking garage, and subject to the same
conditions.
81. "Parking Area, Public" means an open area other than a
street or other public right-of-way, used for the parking
of automobiles, and available to the public.
82. "Pavement" means a compacted surface intended for pedestrian
or vehicular use, through which drainage is impeded. Surface
material could be compacted sand or gravel, a bituminous
compound, concrete or other material.
83. "Permeable" means ground surface through which water can
percolate in a natural manner. Said ground surface could
be undisturbed natural terrain or a landscaped area with
generally unpaved surfaces. Foliage increases the per-
meability of the ground surface.
84. "Permitted Use" means any use requiring no special action
by the Board of Appeals or site plan review by the Planning
Board before a building permit is granted by the Zoning
Administrator, subject to all other applicable provisions
of this Ordinance.
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85. "Person" means any individual, corporation, partnership, •
association, trustee, the State, and all political sub-
divisions of the State or any agency or instrumentality
thereof.
86. "Principal Building" means a single family dwelling; a mobile
home; a tourist cabin or similar structure for rent or hire
involving an excess of 300 square feet of floor space; each
unit of a duplex or multiple family dwelling; a commercial or
industrial use structure in excess of three hundred square
feet, except for a commercial use structure which involves
the retail sale or distribution of goods, services or commod-
ities, each eleven thousand sauare feet of floor space, or
portion thereof, of such commercial use structures constitutes
a principal building; a structure containing a commercial use
which is also used as a single family dwelling constitutes a
principal building. in addition, each motel unit, hotel unit
or similar tourist accommodation unit which is attached to a
similar unit by a party wall, each accommodation unit of a
tourist home or similar structure, and each tourist cabin or
similar structure for rent or hire, involving less than three
hundred square feet of floor space, will constitute one-tenth
of a principal building. An accessory structure will not be
considered a principal building. In addition, all agricultural
use structures and single family dwellings or mobile homes
occupied by a farmer of land in agricultural use, his employees
engaged in such use, and members of their respective immediate
families, will together constitute and count as a single
principal building.
87. "Private Sand, Gravel or Topsoil Extraction" means any extrac-
tion from the land of sand, gravel or topsoil for the purpose
of use, but not sale, by the owner of the land, or any extrac-
tion for the purpose of sale of less than fifty (50) cubic
yards in any two-year period.
88 . "Professional Occupation" means one who is engaged in pro-
fessional services, including all members of the field of
medicine, a lawyer, architect, engineer, surveyor, licensed
beautician or barber, real estate broker, accountant.
89. "Public Right-of-Way" means a parcel of land in public owner-
ship open to the public for vehicular or pedestrian access.
90. "Public or Semi-Public Building" means any component building
or a college, school, hospital, animal hospital, library,
place of worship, museum, research center, rehabilitation
center, or similar facility or a municipal building.
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91. "Public Utility Use" means any public utility use, equipment
or structure which is not a major public utility use. A
public utility use does not include any use which is subject
to the jurisdiction of the Public Service Commission pursuant
to Article 7 or 8 of the Public Service Law.
92. "Screening" means existing natural foilage, mounds, trees,
shrubs or landscaped natural materials and plants which
obscure the visual character and suppress the, noise of any
given building or use of land. Where natural plant material
is not practical, fences and/or other artificial material
may be partially or totally substituted according to indi-
vidual site conditions.
93. "Shoreline" means the highwater mark at which land adjoins
the waters of lakes, ponds, rivers and streams within the
Town.
94. "Shoreline" Building Setback" means the shortest distance,
measured horizontally, between any point of a building and
the shoreline of any lake, pond or the shorelines of any
brook or stream within the Town.
95. "Shoreline Lot Width" means the distance measured along the
shoreline between the boundary lines of a lot as they inter-
sect the shoreline of any lake or pond and the shorelines of
any river to be studied as wild, scenic, or recreational river
in accordance with the Environmental Conservation Law or any
river or stream navigable by boat including by canoe.
96. "Single Family Dwelling" means any detached building contain-
ing one dwelling unit, not including a mobile home, designed
for occupancy by one family.
97. "Ski Center" means any trail or slope for Alpine (downhill)
and/or Nordic (cross-country) skiing including lifts, ter-
minals, base lodges, warming huts, sheds, garages and main-
tenance facilities, parking lots and other buildings and
structures directly and customarily related thereto.
98. "Street" means a public way which affords the principal
means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road, and any
other thoroughfare except an alley.
99. "Structure" means any object constructed, installed or
placed on land to facilitate land use and development or
subdivision of land, such as buildings, sheds, single
family dwellings, mobile homes, signs, tanks, fences and
poles and any fixtures, additions and alterations thereto.
-13-
100. "Subdivision" means a division of land into two (2) or more
lots, parcels or sites that require the construction of new
road (s) , drainage facilities or other municipal facilities;
provided, however, that division of land into parcels of more
than five (5) acres not involving any new street or road or
easement of access shall be exempted, and provided, further,
that this shall not apply to the sale of a small amount of
land to correct the boundary of a lot if such sale or exchange
does not create additional lots. For the purposes of these
regulations, a condominium shall be reviewed as a subdivision.
101. "Tourist Accommodation" means any hotel, motel, resort,
tourist cabin designed to house the general public, (not
including travel trailers, travel vehicles or motor homes) .
102. "Tourist Attraction" means any man-made or natural place of
interest open to the general public and for which an admit-
tance fee is usually charged, including but not limited to
animal farms, amusement parks, replicas of real or fictional
places, things or people and natural geological formations.
103. "Travel Trailer or Travel Vehicle" means any portable vehicle,
including a tent camper or motor home, which is designed to
be transported on its own wheels, which is designed and in-
tended to be used for temporary living quarters for travel,
recreational or vacation purposes, and which may or may not
include one or all of the accommodations and facilities
customarily included in a mobile home.
104. "Travel Trailer Camp" means a parcel of land under single
ownership which is designed and improved for use by two or
more travel trailers.
105. "Waste Disposal Area" means any area for the disposal of
garbage, refuse and other wastes, including sanitary land-
fills and dumps, other than an on-site disposal area
directly associated with an industrial use.
106. "Waste Treatment Site" means any building, structure or area
where sewage is treated.
107. "Watershed Management" or "Flood Control Project" means any
dam, impoundment, dike, rip rap or other structure or channel-
ization or dredging activity designed to alter or regulate
the natural flow or condition of rivers or streams or the
natural level or condition of lakes or ponds.
-14-
s
108. "Wetlands" means any land which is annually subject to
periodic or continual inundation by water and commonly
referred to as a bog, swamp or marsh which are either
(a) one acre or more in size or (b) located adjacent to
a body of water, including a permanent stream, with which
there is free interchange of water at the surface, in which
case there is no size limitation.
109. "Yard" means an unoccupied space open to the sky, on the same
lot with a building or structure.
110. "Yard, Front" means a yard that extends the full width of the
lot and is situated between the adjacent highway right-of-way
or shoreline and the front line of the building projected to
the side lines of the lot. The depth of the front yard shall
be measured between the front line of the building and the
highway right-of-way line or shoreline. Covered porches,
whether or not enclosed, shall be considered as part of the
main building and shall not project into a required front yard.
111. "Yard, Rear" means a Y and that
extends the full width of the
lot and is situated between the rear line of the lot and the
rear line of the building projected to the side lines of the
lot. The depth of the rear yard shall be measured between
the rear line of the lot, and the rear line of the building,
including any covered porches, whether or not enclosed.
112. "Yard, Side" means a yard that is situated between the side
line of the building and the adjacent side line of the lot
and extending from the rear line of the front yard to the
front line of the rear yard, including any covered porches,
whether or not enclosed.
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ARTICLE 3
ZONING MAPS
Section 3. 010 Town Zoning Map. The boundaries for each zoning
district listed as part of this Ordinance are the
boundaries indicated for the zoning district by the map
entitled "The Town Zoning Map of the Town of Queensbury
dated with the effective date of this Ordinance which
accompanies this, and which is hereby adopted and declar-
ed to be part of this Ordinance, and hereinafter known as
the "Town Zoning Map."
Section 3. 020 Interpretation of Zoning District Boundaries. In
making a determination where uncertainty exists as to
boundaries of any of the zoning districts shown on the
Zoning Map, the following rules shall apply:
a) Where district boundaries are indicated as approximately
following the centerline or right-of-way line of streets,
alleys, highways, or railroads, such lines shall be
construed to be district boundaries.
b) Where district boundaries are indicated as approximately
following a stream, lake or other body of water, such
stream, lake or body of water shall be construed to be
such district boundaries (unless otherwise noted) .
c) Where district boundaries are indicated as approximately
following lot lines, such lot lines shall be construed
to be said boundaries.
d) Where district boundaries are not indicated as approx-
imately following the items listed in a) , b) , and c)
above, the boundary line shall be determined by the use
of the scale designated on the Zoning Map.
e) Whenever any street, alley or other public way is
vacated in the manner authorized by law, the district
adjoining each side of such street, alley or public
way shall be automatically extended to the center of
the former right-of-way and all of the area included
in the vacation shall then and henceforth be subject to
all regulations of the extended districts.
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111 f) In the event that none of the above rules are applicable,
or in the event that further clarification or definition
is considered necessary or appropriate, the location of a
district boundary shall be determined by the Zoning Board
of Appeals.
g) Building rights may be transferred from contiguous
districts which have the same density and are of one
ownership. Should such a proposed transfer cross into
a Park Plan land use area boundary, review and approval
of the. Agency would be required.
Section 3 . 030 Adirondack Park Land Use and Development Plan Map.
The boundaries within the Town of the land use areas
established by the official Adirondack Park Land Use and
Development Plan Map, as may be from time to time amended,
pursuant to Subdivision 2 of Section 805 of the Adirondack
Park Agency Act, are indicated by the separate map entitled
"Adirondack Park Land Use and Development Plan Map of the
Town of Queensbury, " dated with the effective date of this
Ordinance, which accompanies this Ordinance, and which is
hereby adopted and declared to be part of this Ordinance,
and hereafter known as the"Park Plan Map" . Any change of
the boundaries within the Town of a land use area by an
amendment of the official Adirondack Park Land Use and
Development Plan Map pursuant to Subdivision 2 of Section
805 of the Adirondack Park Agency Act shall take effect for
the purposes of this Ordinance concurrently with that amend-
ment without further action, and the Park Plan Map shall be
promptly changed in accordance with that amendment. The
amendment provisions of Article 11 of 11 of this Ordinance
do not apply to the Park Plan Map, which is amended only
pursuant to the provisions of the Adirondack Park Agency Act.
Copies of the Park Plan Map which may from time to time be
published and distributed are accurate only as of the date
of their printing and shall bear words to that effect.
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1
ARTICLE 4 •
ZONING DISTRICTS AND REGULATIONS
Section 4.101 Zoning Districts. The zoning districts established by
this Ordinance, subject to future amendment, including an
aggregate of all of the area of the Town, are and shall be
as follows:
•
Section 4. 020 Schedule of Regulations. The restrictions and controls
intended to regulate development in each district are set
forth in the attached schedules which are supplemented in
other sections of this Ordinance.
AREA PER
SYMBOL PRINCIPAL BUILDING
a LC-42A Land Conservation 42 Acres
a LC-10A Land Conservation 10 Acres
b RR-3A Rural Residential 3 Acres
b RR-5A Rural Residential 5 Acres
c LR-3A Lakeshore Residential 3 Acres
c LR-1A Lakeshore Residential 1 Acre
d (1) UR-10 Urban Residential 10,000 S. F.
d (2) UR-5 Urban Residential 5, 000 S. F.
Illi
e SR-1A Suburban Residential 1 Acre
e SR-30 Suburban Residential 30, 000 S. F.
e SR-20 Suburban Residential 20,000 S. F.
f SFR-10 Single Family Residential 10,000 S. F.
f SFR-20 Single Family Residential 20,000 S. F.
f SFR-30 Single Family Residential 30,000 S. F.
f SFR-1A Single Family Residential 1 Acre
g RC-5A Recreational-Commercial 5 Acres
g RC-3A Recreational-Commercial 3 Acres
g RC-15 Recreational-Commercial 15, 000 S. F.
h PC-1A Plaza Commercial 1 Acre
j HC-15 Highway Commercial 15, 000 S. F.
j HC-1A Highway Commercial 1 Acre
k NC-10 Neighborhood Commercial 10, 000 S. F.
k NC-1A Neighborhood Commercial 1 Acre
m LI-lA Light Industry 1 Acre
n HI-3A Heavy Industry 3 Acres
p I-R-lA Industrial Reserve 1 Acre
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•
•
4.020-a LAND CONSERVATION LC-42A
LC-10A
•
DENSITY: Land Conservation Zones are divided into two areas of PURPOSE: Land Conservation Zones encompass areas where lands have
different densities: LC-42 where one principal building serious physical limitations' or unique characteristics that
is allowed for every 42 acres of land within the zone, warrant restricting development to very low densities. Di-
and LC-10 where one principal building is allowed for verse uses are appropriate due to said very low densities.
every 10 acres.
•
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Acres in ft. PERMEABLE (feet)
1. Single Family 1. Barns 200 L.F. 50' 50' 50' 85% 35'
dwelling 2. Stables
2. Hunting/Fishing 3. Garages *LC-42 - 42 acres
Camps less than 4. Storage Shed *LC-10 - 10 acres
500 S.F. 5. Greenhouse
* 3. Farms-all classes 6. Boat Storage
4. Boathouses & Docks 7. Swimming Pools • •
8. Vegetable Stand
*
See Supplementary less than 100 S.F.
Regs. Section 7.080 9. Home Occupation
for farm classi- *Require min. of 5 acres for clustering
fication.
TYPE I. TYPE II.
1. Travel Trailer Camps •
2. Sawmills, Chipping or Pallet Mills 1. Game Preserves •
3. Recreation Centers & Lodges 2. Hunting and Fishing Cabins over 500 S.F.
4. Timber Harvesting involving the 3. Sportsmen Clubs and Firing Ranges
clearcutting of an area greater 4. Campgrounds involving.fewer than 50 sites
than 25 acres. 5. Group Camps
5. Mineral, Gravel and Sand 6. Dog Kennels and Riding Stables
Extraction 7. Professional Office which is incidental to the residential use
•
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•
• 1111
• •
4.020-b RURAL RESIDENTIAL RR-3 A
RR-5 A
DENSITY: Rural Residential Zones are divided into two areas PURPOSE: To enhance the natural open space and rural character of the
of different densities. RR-3 where one principal building Town of Oueensbury by limiting development to sparse densities. Steep
is allowed for every 3 acres within the Zone and RR-5 where slopes, wetlands, limiting soils and marginal access to populated areas
one principal building is allowed for every 5 acres. often characterizes such areas, warranting said densities.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Front Side- Rear OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Acres in ft. PERMEABLE (feet)
1. Single Family 1. Garage 100' 30' 20' 20' 50% 35'
dwelling 2. Storage Shed
2. Timber Harvesting 3. Barn *RR-3A -3 acres
3. Hunting/Fishing 4. Greenhouse *RR-5A -5 acres
Camps, less than 5. Swimming Pools
300 S.F. 6. Produce Stand,
*4. Farms-All Classes portable, up to *Requires minimum of 1 acre for clustering.
5. Boathouses & Docks 100 S.F.
7. Home Occupation
* See Supplementary .
Regs. Section 7.080
for farm classification
TYPE I. TYPE II.
1. TimberHarvesting involving the clear- 1. Campgrounds and Group Camps
cutting of an area greater than 25 2. Mineral, Gravel and Sand Extraction
acres 3. Dog Kennels and Riding Stables
4. Animal Husbandry and Agricultural Uses
5. Professional Office incidental to residential use
6. Golf Courses, Ski Slopes and Lifts operated for
profit, including refresments and other incidental
facilities.
7. Funeral Homes
•
4.020-c LAKESHORE RESIDENTIAL LR-1 A
LR-3 A
•
DENSITY: Lakeshore Residential Zones are divided into PURPOSE: To protect the delicate ecological balance of Lake George
areas with two different densities. LR-1 where one while providing adequate opportunities for development that would
principal building is allowed for every one acre within not be detrimental to the visual character of the shoreline. •
the Zone, and LR-3 where one principal building is
allowed for every three acres.
• MINIMUM LOT SIZE *MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Front Side Rear OF LOT TO BE • OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Acres in ft. PERMEABLE (feet)
1. Single Family 1. Garage 100' 30' 20' 35% 35'
dwelling 2. Storage Shed
2. Hunting/Fishing 3. Boathouse LR-lA 1 acre
Cabins, less than 4. Swimming Pool
300 S.F. 5. Boat Storage *LR-3A 3 acres Sum of side yard
6. Outdoor Athletic equals 30' or more
3. Boathouses & with a 10' minimum
Docks Courts, Facilities
7. Home Occupation *Require min. of 1
acre for clustering
*For lots with lakeshore frontage
• see setback requirements per
TY E II. Article 7, Section 7.011 Shoreline
Regulations.
None
•
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1111 •
i
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4.020.d (1) URBAN RESIDENTIAL UR - 10
DENSITY: Urban Residential Zones (UR-10) allow one (1) PURPOSE: Urban Residential Zones (UR-10) encompass mostly the older, more
dwelling unit for every 10,000 S.F. of land area within traditional, high density neighborhoods in Oueensbury. Secondly, areas
the zone. subject to intense development pressure, located near service areas, are
zoned similarly. This protects and enhances the urban character while
providing adequate opportunity for infill and high density housing.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Area Width Front Side Rear PERMEABLE (feet)
1. Single Family 1. Garage 10,000 S.F. 100' *30' 10' 10' 30% 40'
dwelling 2. Storage Shed
2. Duplex 3. Swimming Pool 20,000 S.F.
*3. Farm-Class 4. Outdoor Athletic for Duplex "
C & D Courts, Facilities
5. Greenhouse, up to Or the average of the two adjoining principal
* See Supplementary 300 S.F. buildings, or whichever is greater.
Regs. Section 6. Home Occupation
7.080 for
Farm Classification
TYPE I TYPE II
Uses allowed in Type II that exceed 1. Multi-family dwellings, including apartment, condominiums,
SEAR Type I thresholds. projects, and townhouses of less than 250 units.
2. Professional offices incidental to residential use.
3. Planned Unit Development.
4. UR-10 Zones permit 5,000 S.F. of land area per dwelling unit
for projects in excess of 5 dwelling units providing all
other provisions of Site Plan Review are adhered to.
•
•
4.020-d (2) URBAN RESIDENTIAL UR-5
DENSITY: Urban Residential Zones (UR-5) allow one (1) PURPOSE: Urban Residential zones (UR-5) are designed to provide for an
dwelling unit for every 5,000 S.F. of land area within anticipated increasing demand for high density, multi-family housing in
the zone. areas located near commercial services, subject to intense development
pressure.
• MINIMUM LOT SIZE MINIMUM YARD SETBACK MINIMUM PERCENT MAXIMUM HEIGHT
Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Area Width PERMEABLE (feet)
1. Duplex 1. Garage *10,000 S.F. 80' *30' 10' 10' 30% 40'
2. Storage Shed
3. Swimming Pool Multi-family projects
4. Outdoor Athletic require 5,000 S.F. of
Courts, Facilities land area per dwelling
5. Greenhouse, up to unit. *Or average of two adjoining buildings, or
300 S.F. whichever is greater.
*Single Family
houses only
For lots fronting on a Lake see Supplementary Regs. Sec. 7.011
TYPE I TYPE II
•
Uses allowed in Type II that exceed 1. Multi-family dwellings, including apartments, condominiums,
SEAR Type I thresholds. projects, and townhouses of less than 250 units. •
2. Professional offices incidental to residential use.
3. Planned Unit Development.
4. Single Family Dwelling.
5. Home Occupation . • •
*6. Farms-All Classes
* See Supplementary Regs. Section 7.080 for Farm Classification •
•
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41/1
•
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4.020.e SUBURBAN RESIDENTIAL SR-1 A
SR-30
SR-20
DENSITY: There are three (3) different densities associated with PURPOSE: To enhance and protect the character of Oueensbury's suburban
SR Zones. SR-1A permits one dwelling unit for every acre within neighborhoods; and to provide for future residential development
the Zone, SR-30 allows one dwelling unit for every 30,000 S.F. opportunities.
(3/4 acre), and SR-20 allows one dwelling unit for every
20,000 S.F. (1/2 acre).
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Acres in ft. PERMEABLE (feet)
1. Single family 1. Garage *SR-1A= 100' 30' 20' 30% 40'
dwelling 2. Storage Shed 1 Acre
2. Seasonal 3. Boathouse Sum of side yards
Dwellings 4. Boat Storage **SR-30= equals 30' or more
3. Duplex 5. Swimming Pool 30,000 S.F. with a 10' minimum
*4. Farms-Class 6. Greenhouse, up to
C & D 300 S.F. **SR-20=
5. Boathouses & 7. Outdoor Athletic 20,000 S.F.
Docks Courts, Facilities
*See Supplementary 8. Home Occupation *Double lot size to **One+one-half lot size for Duplex
Regs Section 7.080 accommodate a Duplex 10,000 S.F. for clustering
for farm classifications 1O,000-S.F. for clustering
TYPE II
1. Tourist Accommodations within 1/4 mile of Glen Lake only.
2. Multi-family dwelling project.
3. Multi-dwelling project, conversion
4. Professional office incidental to home use
5. Funeral Homes
*6. Farms Class A & B
7. Planned Unit Development
•
•
•
•
SFR-10
SFR-20
4.020.f SINGLE FAMILY RESIDENTIAL SFR-30
DENSITY: Single Family Residential (SFR) Zones are divided into PURPOSE: Single Family Residential (SFR) Zones are established
three (3)areas of different densities: SFR-10 where a 10,000 S.F. residential neighborhoods where the character is strictly single
lot is required; SFR-20 where a 20,000 S.F. lot is required, SFR. family detached residences on standardized lots. This character
30 a 30,000 S.F. lot. Provisions of Section 281 of Town Law for will be strictly reinforced and preserved through SFR Zones.
Clustering do not apply in SFR Zones.
•
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area Width Front Side Rear OF LOT TO BE OF BUILDING
•
PERMITTED USES PERMITTED ACCESSORY SITE REVIEW PLAN. -in ft. in ft. PERMEABLE (feet)
•
1. Single Family 1. Garage -none- SFR-10 30' 15' 20' SFR-10 30% 40'
dwelling 2. Storage Shed less 10,000' 100'
than 200 S.F.
3. Greenhouse, attached, SFR-20 30' 15' 20' SFR-20 30%
less than 300 S.F. 20,000' 100'
4. Swimming Pool
5. Home Occupation SFR-30 100' 30' 15' 20' SFR-30 40%
30,000'
•
•
•
•
•
•
• ' 1111/
•
_ . _
•
110
RC-15
4.020-g RECREATION COMMERCIAL RC-3A
RC-5A
DENSITY: There are 3 areas of differing densities for RC Zones. PURPOSE: RC Zones are areas within Oueensbury where the Town wishes to
RC-15 Zone allows a principal building for every 15,000 S.F. isolate, protect and encourage expansion of the recreation industry. Large
RC-3A Zones allow one principal building for every 3 acres of land scale projects will be encouraged to produce long range Planned Unit Develop-
area-although clustering is appropriate and encouraged. RC-5A sent plans defining uses, intensities, patterns, etc. Residential uses
allows one principal building for every 5 acres. (seasonal included) are considered compatible with RC Zones.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Area in Width Depth Front Side Rear OF LOT TO BE OF BUILDING
Sc. Ft. in ft. in ft. PERMEABLE (feet)
1. Amusement Center 1. Swimming Pools RC-15 30' n/a 30' 30% 50'
with less than 2. Outdoor Athletic Courts *5,000 n/a n/a
grosssfloorfarea 3. Garage
2. Motels with 10 4. Storage Shed RC-3A 30' n/a 30'
units or less 5. Any other accessory or *15,000 n/a n/a
3. Single Family use customarily incidental
dwelling to a permitted use #RC-5A
*4. Farms Class C&D 6. Signs as/Oby. Sign Ord. 15,000
5. Boathouses & Docks 7. Home Occupation *Clustering only
* See Supplementary Regs.
Section 7.080 for fare classification
TYPE I. TYPE II.
1. Construction of non-residential facilities involving: 1. Amusement Center over 2500 S.F. of gross floor space
' a. the physical alteration of 10 acres or more; 2. Motels with more than 10 units
b. the use of ground or surface water in excess of 3. Public meeting area or convention center
2,000,000 gallons per day; 4. Multi-family dwelling including apartments, condominiums
c. the parking of 1,000 vehicles 5. Townhouses and multi-dwelling projects
d. 100,000 sq. ft. of gross floor area or more 6. Golf course or club
2. Any project or action, which exceeds 25% or any threshold of 7. Social Clubs, Halls, Fraternal Organizations
this section, occuring wholly or partially within, or 8. Taverns, Refreshments and other incidental facilities for patrons.
substantially contiguous to any publicly owned or operated 9. Campsites, Campgrounds
par land, recreation area, or designated open space. 10. Riding Academies, Livery Stables
3. The expansion of any existing use by 50% or more of the 11. Ski Facilities and associated uses.
thresholds cited in (1.) provided that the total use 12. Marina, Yacht Club, Boat Storage, etc.
intensity exceeds those thresholds. 13. Planned Unit Development (PUD)
*14. Farms - Class A & B
15. Professional Offices which are incidental to the residential use.
* See Supplementary Regs. Section 7.080 for farm classification
4.020-h PLAZA COMMERCIAL PC-1-A
DENSITY: At least one (1) acre will be required to establish PURPOSE: Plaza Commercial Zones (PC-1A) are those areas where intense
any allowable use in a PC Zone, up to 15,000 S.F. of gross commercial development exists or is anticipated. Access points are de-
floor area. An additional 5,000 S.F. of land area will be fined in an effort to create coherent and safe traffic patterns, efficient
required for each additional 2,000 S.F. of gross floor area, loading and unloading, aesthetically pleasing shopping environment and
or proportion thereof. safe pedestrian circulation.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES* PERMITTED ACCESSORY SITE PLAN REVIEW Acres in ft. PERMEABLE (feet)
Local retail business 1. Loading Facilities 1 200' 50' 20% 50'
or personal service 2. Parking Facilities
establishments, as 3. Signs as/Oby. Sign Ord. 30' except that a
listed: 50' setback shall
be required adjoin-
1. Pharmacy, Drug ing Residential and
Store Industrial Zones.
2. Stationery Store
3. Hardware Store
4. Meat or Food
Shops
5. Barber & Beauty TYPE I. TYPE II.
Shops
6. Clothing Apparel 1. Construction of non-residential facilities involving: 1. Site Plan for any use allowed in Plaza Comm.
Stores a. the physical alteration of 10 acres or more; 2. Construction of minor facilities accessory or
7. Musical Instru- b. the use of ground or surface water in excess of appurtenant to existing facilities
ments & Record 2,000,000 gallons per day. 3. Access point onto a public right-of-way
Stores c. the parking of 1,000 vehicles; 4. Public Garage or gasoline station
8. Multi-function d. 100,000 sq. ft. of gross floor area or more. 5. Commercial greenhouses or nurseries
Dept. Stores 2. Any project or action, which exceeds 25% of any threshold 6. Planned Unit Development (PUD)
9. Sports Equip- of this section, occuring wholly or partially within
ment Stores or substantially contiguous to any publicly owned or
10. Jewelry Stores operated park land, recreation area, or designated open
11. Travel Agency space.
12. Professional 3. The expansion of any existing use by 50% or more of the
Office thresholds cited in (1.) provided that the total use
13. Fire Stations intensity exeeds those thresholds.
* See Site Plan Review
TYPE II
• S
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..
•
4.020-j HIGHWAY COMMERCIAL HC-15
HC-1A
DENSITY: While uses are encouraged to cluster, the overall density PURPOSE: Highway Commercial Zones (HC-15) are those areas of Oueensbury
would allow one (1) principal building at up to 6000 S.F. for each which have already developed fairly intense and haphazard commercial
15,000 S.F. of land area. An additional 500 S.F. of land area will patterns. The purpose of these zones is to confine development of this
be required for each additional 200 S.F. of gross floor area, or type to these areas, while providing for minimal expansion, primarily
proportion thereof. Within Adirondack Park, Highway Commercial through infill.
requires 1 acre.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW So. ft. in ft. in ft. Front Side Rear PERMEABLE (feet)
1. Businesses which 1. Loading 15,000 100 120 50' 20% 40'
primarily serve Facilities 20' except that
highway traffic 2. Parking Within Adirondack Park a 50' side/rear
such as auto Facilities 1 acre yard is required
repair shops, 3. Signs as/Qby. Sign Ord. adjoining Resi-
fast food res- dential and
taurants, diners Industrial Zones
and bars.
2. Automobile Sales TYRE I _ TYPE II
and service
3. Places of public 1. Construction of non-residential facilities I 1. Public garage or gasoline station
assembly involving: 2. Drive-in Theatres
4. Professional a. the physical alteration of 10 acres or more; 3. Amusement Center
Offices b. the use of ground or surface water in excess 4. Golf driving range
5. Boat Storage, of 2,000,000 gallons per day; 5. Miniature Golf Courses
repair, sales c. the parking of 1,000 vehicles; 6. Recreation facilities operated for profit.
6. Farm & construct- d. 100,000 sq. ft. of gross floor area or more. 7. Professional Offices over five (5) units or
ion equipment 2. Any project or action, which exceeds 25% of any over two (2) buildings.
sales/service threshold of this section, occuring wholly or 8. Dwelling Units in combination with permitted
7. Commercial Green- partially within, or substantially contiguous uses operated by the res. of the dwelling.
houses/Nurseries to any publicly owned or operated park land. 9. Travel Trailer Parks
8. Mobile Home Sales 3. The expansion of any existing use by 50% or
9. Social Clubs, more of the thresholds cited in (1.) provided
Halls, Fraternal that the total use intensity exceeds those
Organizations thresholds.
10. Motels, Hotels,
Inns, Lodges
11. Fire Stations
4.020-k NEIGHBORHOOD COMMERCIAL NC-1A
NC-10
DENSITY: In NC-10 Zones at least 10,000 S.F. of land area will PURPOSE: NC Zones are designed to enable residents of Queensbury's outlying
be required to establish any allowable use up to 2,000 S.F. for areas to obtain staples, necessities and other goods from small scale
commercial space. An additional 1500 S.F. of floor area would neighborhood oriented shopping areas without traveling to the major commer-
be allowed to accommodate an adjoining residence. The minimum cial centers. Often these centers are long established centers of older
land area to establish an allowable use in NC-1A shall be one traditional communities, usually at an intersection of two arterials.
(1) acre.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW sq. ft. in L.F. in L.F. PERMEABLE (feet)
Local Retail 1. Garage NC-10 - 10,000 75 75 40' 30' 15' 25% 30'
business or 2. Storage Shed Off any Except
personal service e. Signs as/Qby. Sign Ord. *NC-1A - 1 acre R.O.W. 30'
establishments when
including; *Requires minimum of 10,000 S.F. adjoining
1. Drug Stores, for clustering. a residen-
Pharmacies tial zone
2. Stationary
Sere TYPE II.
3. Grocery, Meat
Store 1. Gasoline Station or Facilities
4. Barber and . Automobile Service & Repair
Beauty shops 3. Laundromat
5. Professional 4. Permitted uses in excess of
offices three (3) units
6. Fire Stations 5. Housing Units in combination
with commercial facilities
(i.e. : Apartment over store)
4111 •
• •
4.020-m LIGHT INDUSTRY LI-lA
DENSITY: One principal building of up to 16,000 S.F. gross floor PURPOSE: Provide opportunities for the expansion of light industry with-
area will be allowed for every one (1) acre within LI-lA Zones. out competition with other use types. Highway oriented and research
For each additional 1000 S.F. of gross floor area 2500 S.F. of land businesses need opportunities appropriately located near major highways
area will be required. from which they receive their materials and to which they dispense their
products.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES * PERMITTED ACCESSORY SITE PLAN REVIEW Sq. ft. in ft. in ft. PERMEABLE (feet)
1. Any light menu- 1. Customary . 1 Acre 150 150 50' 20' 20' 25% 50'
facturing, Accessory uses
assembly or incidental to a Except when
other Indus- permitted use. adjoining a
trial or re- 2. Signs according residential
search operation to the Queensbury zone where
meeting the re- Sign Ordinance setback must
quirements of be at least
this Ordinance. 50'
2. Warehrm a for TYPE I. TYPE II.
enclosed stor- -
age of goods Construction of new facilities which meet or 1. Any permitted use involving a site of three (3)
and materials, exceed any of the following thresholds; or the acres or more.
distribution expansion of existing facilities by more than 2. Freight Terminals
plants, whole- 50% of the following thresholds, providing that 3. Extraction of sand, stone or gravel
sale business. the expansion and the existing facilities, when 4. Planned Unit Development (PUD)
3. Laboratories, combined, meet or exceed any threshold contained
Professional in this section:
Offices 1. A project or action which involves the
physical alteration of 10 acres or more
2. A project or action which would use ground or
surface water in excess of 2,000,000 gallons
per day
3. Any action which takes place wholly or
partially within or substantially contiguous
to any critical Environmental Area.
* See Site Plan
Review Type II
4.020-n HEAVY INDUSTRY HI-3A
DENSITY: One principal building of up to 45,000 S.F. gross floor PURPOSE: Provide opportunities for the expansion of heavy industry
area will be allowed for every three (3) acres within HI-3A Zones. without competition with other use types. Large scale manufacturing
For each additional 1000 S.F. of gross floor area, 2000 S,F, of plants which often require access to rail transportation and are often
land area will be required. considered incompatible with other use types, will be given maximum
opportunity to flourish without undue interference.
MINIMUM LOT SIZE MINIMUM YARD SETBACK MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth Front Side Rear OF LOT TO BE OF BUILDING
PERMITTED USES * PERMITTED ACCESSORY SITE PLAN REVIEW Acres in L.F. PERMEABLE (feet)
1. Large Scale 1. Customary acces- 3 200 - 50' 50' 50' 20% 60'
Manufacturing sory uses inci-
2. Sand & Gravel dental to a per-
'Processing mitted use.
3. Cement Manu- 2. Signs according
facturing to the Queensbury
4. Asphalt'Plant Sign Ordinance
5. Chemical Pro-
cessing TYPE I TYPE II
6. Building Supply
Lumber Yard & Construction of new facilities which meet or exceed 1. Complete Site Plan of any use allowed in an
similar storage any of the following thresholds; or the expansion of HI-3A Zone
yard existing facilities by more than 50% of the following 2. Planned Unit Development (PUD)
7. Full Supply thresholds, providing that the expansion and the
Depot existing facilities, when combined, meet or exceed any
8. Railroad threshold contained in this section:
facility, in- 1. A project or action which involves the physical
'cluding repair alteration of 10 acres or more.
or service 2. A project or action which would use ground or
9. Electric Power surface water in excess of 2,000,000 gallons
Plant per day.
3. Any action which takes place wholly or partially
within or substantially contiguous to any Critical
Environmental Area.
4. Parking for 1000 vehicles
*See Site Plan 5. A facility with more than 240,000 sq. ft. of gross
Review Type II floor area
•
• 1111 4111
•
•
4.020-p INDUSTRIAL RESUME I-R-lA
DENSITY: One principal building of up to 10,000 sa. ft. of gross PURPOSE: To reserve large tracts of land exhibiting a long range
floor area will be allowed for every acre of land within I-R Zones. potential for industrial development. I-R Zones adjoin or are in
For every additional 1000 sq. ft. of gross floor area 4000 sq. ft. proximity to LI, HI, the Bi-County Industrial Park and the Warren
of land area will be required, or similar proportion thereof. County Airport. Portions of I-R Zones may be environmentally sensitive.
MINIMUM LOT SIZE MINIMUM YARD SETBACKS MINIMUM PERCENT MAXIMUM HEIGHT
Area in Width Depth OF LOT TO BE OF BUILDING
PERMITTED USES PERMITTED ACCESSORY SITE PLAN REVIEW Acres in L.F. in L.F. Front Side Rear PERMEABLE (feet)
All land uses in Same as Permitted 1 150 150 50' 20' 20' 25% 40'
I-R Zones will Uses
be subject to Except when adjoining a
Site Plan Review residential zone where
the setback of a non-
residential structure
must be at least 50'
TYPE I TYPE II
Construction of new facilities which meet or exceed any of the 1. Any light manufacturing, assembly or other industrial or research
following thresholds; or the-expansion of existing facilities operation meeting the requirements of this Ordinance.
by more than 50% of the following thresholds, providing that 2. Warehouse for enclosed storage of goods and materials, distribution
the expansion and the existing facilities, when combined, meet plants, wholesale businesses.
or exceed any threshold contained in this section: 3. Laboratories
1. A project or action which involves the physical alteration 4. Any permitted use involving a site of three (3) acres or more.
of 10 acres or more. 5. Freight Terminals.
2. A project or action which would use ground or surface water 6. Extraction of sand, stone or gravel.
in excess of 2,000,000 gallons per day. 7. Planned Unit Development (PUD).
3. Any action which takes place wholly or partially within or
substantially contiguous to any Critical Environmental Area.
4. Parking for 1000 vehicles.
5. A facility with more than 240,000 sq. ft. of gross floor
area.
Section 4. 040 Application of Regulations
•
Except as hereinafter provided:
Section 4. 031 No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved or
altered unless in conformity with the regulations herein
specified for the districts in which it is located.
Section 4. 032 No building shall hereafter be erected or altered:
a. to exceed the height or bulk;
b. to accommodate or house a greater number of families;
c. to occupy a greater percentage of lot area;
d. to have narrower or smaller rear yards, or side yards,
than is herein required for the district in which such
building is located.
Section 4. 040 Use Regulations
a. Permissible Uses - A use shall be permitted in a given
zoning district if it is listed in the following schedules
or regulations as a permissible use for that district,
provided all other requirements of this Ordinance are met,
including Articles 6 and 12.
• b. Type I or Type II uses with Site Plan Review - A use listed
in the following schedule of regulations as a Type I or
Type II use for a given zoning district shall be permitted
in that district when approved in accordance with Article 5
hereof, provided all other requirements of this Ordinance
are met, including Articles 5, 6, and 12.
. Non-Permissible Uses - Any use which is not a permissible
use by right or by site plan review in a given zoning district
\ or which is not an accessory use to such a permissible use or
site plan review use shall be a non-permissible use, and shall
be deemed prohibited in that zoning district.
d. Accessory Use or Accessory Structure - An accessory use or
accessory structure shall be permitted if the use to which
it is accessroy is a lawful use pursuant to the terms of
this Ordinance and for which a permit has been issued if
required pursuant to the terms of Article 12 hereof, so long
as said accessory use or structure does not result in or
increase any violation of the provisions of Article 4 and
Section 7. 030. Provided that, an accessory use or structure
shall not include commercial activities carried on by residents
of residential structures, nor shall it include a sign except
as permitted by Queensbury Sign Ordinance. See separate
schedule.
-19-
tion 4. 050 Zoning Schedule of Uses and Area, Bulk and Height •
Controls
This section lists the uses permitted by right, the uses
permitted by site plan review and the dimensional require-
ments for each zoning district established by Section 4 . 010
of this Ordinance.
•
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• ARTICLE 5
USES PERMITTED BY SITE PLAN REVIEW
Section 5. 010 Purpose of Article. The purpose of this Article is to
allow the proper integration in the community of uses listed
in Articles 4 and 7 of this Ordinance which may be suitable
within a zoning district only on certain conditions and only
at appropriate locations. Because of their characteristics,
or the special characteristics of the area in which they are
to be located, these uses require special consideration so that
they may be properly located and planned with respect to:
(1) the objectives of this Ordinance;
(2) their effect on surrounding properties;
(3) the ability of the Town to accommodate the growth
resulting from the proposed use without undue adverse
effect on the Town and its citizens and taxpayers, and
the protection of health, safety and welfare of the
Town and its citizens; and
(4) the objectives of the Land Use Plan.
Section 5. 020 Applicability of Article. A land use or development
involving a use listed as a site plan review use in Article
4 or Article 7 hereof shall not be undertaken unless and
until the Planning Board has approved or approved with con-
ditions such use, and the Zoning Administrator has issued a
permit for such land use or development pursuant to the
terms of Article 12 hereof. Type I uses are applicable to
Article 5 as well, except that if such projects are located
within the Adirondack Park they also require a permit from
the Adirondack Park Agency as a Class A project. The Adiron-
dack Park Agency has jurisdiction only within those portions
of the Town within the Adirondack Park.
Section 5. 030 Authorization to Approve and Disapprove Uses with Site
ev
Plan Review. In accordance with Section 274-a of the Town
approve,
Law, the Planning Board is autho rized to review and
approve with modifications or disapprove site plans, prepared
to specifications set forth in this Ordinance and in Regula-
tions of the Planning Board, showing the arrangement, layout
and design of the proposed use of the land shown on such plan,
including activities located within the Adirondack Park and
designated as Class A (Type I) and Class B (Type II) regional
projects by the Adirondack Park Agency. Class B regional
projects as delineated in Appendix B are included herein as
Type II Site Plan Review Projects.
• -21-
Section 5. 040 Application for Site Plan Review Approval. Application •
for project approval shall be made with the Planning Board
using forms supplied by the Board. Applications shall include
reasonably sufficient information for the Board to make its
findings under Section 5.050 of this Ordinance. In determin-
ing the content of these application forms, the Planning Board
may provide for different informational requirements for
different classes or type of projects, but with each certain
class or type of project, the same information required by
these various application forms may include any or all of the
following: (a) detailed description of the natural features
of the project and its components, including all proposed roads
and accesses, water supply and sewage disposal systems, and
their relationship to natural features, (2) an analysis with
supporting data on the impact of the project on the environ-
ment, both during construction and thereafter, (3) an analysis
and supporting data of any benefits that might derive from the
project.
Section 5. 050 Procedure.
a) For applications for projects within the Adirondack Park,
not later than ten (10) days following receipt of a
complete application for said project, the Zoning Adminis-
trator shall notify the Adirondack Park Agency in the case
of Type II (Class 1B) uses and shall notify the Planning
Board of such receipt, shall furnish to each body a copy
of the project application, and shall furnish to the
Agency such pertinent information as the Agency may deem
necessary, and shall afford each body the opportunity to
comment.
b) The Planning Board shall fix a time within thirty-one (31)
days from the day an application for site plan approval
is made for the hearing of any matter referred to under
this Section if a public hearing is deemed necessary by
the Planning Board. In determining whether a public hear-
ing is necessary, lthe Planning Board shall be guided by
the expected level of public interest in the project and
the possibility of an eventual disapproval. No site plan
review project may be disapproved unless a hearing shall
have first been held on the project application. The
Planning Board shall give public notice thereof by the
publication in the official newspaper of such hearing at
least five (5) days prior to the date thereof. In the
case of Type II (Class B) actions within the Adirondack
Park, a copy of the public hearing notice shall be mailed
to the Adirondack Park Agency and to the Zoning Board of
Appeals. The Adirondack Park Agency shall be a full party
in interest with Standing to participate in any and all
proceedings on projects within the Adirondack Park conducted
pursuant to this Section.
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The Planning Board shall decide on the application within
thirty-one (31) days after such a hearing, or after the
application is filed if no hearing has been held, provided,
however, the time within which the Planning Board must
render its decision may be extended by mutual consent of
the applicant and the Planning Board.
c) The decision of the Planning Board shall immediately be filed
in the office of the Town Clerk and a copy thereof mailed to
the applicant. The decision shall contain such findings of
fact as are required by Sections 5. 070 hereof. The Planning
Board, in conjunction with its approval of any site plan re-
view project, may impose such requirements and conditions as
are allowable within the proper exercise of the P ower,olice
P
including the restriction of land against further development
of principal buildings whether by deed restriction, restric-
tive covenant or other similar appropriate means, to insure
that guidelines as to intensity or development as provided
in this Ordinance shall be respected, and the imposition of
reasonable conditions to insure that the project will be
adequately supported by services and improvements made
necessary by the project and to insure that the project will
be completed in accordance with the terms of the application
and any permit and including, without limitation, the require-
ments and conditions authorized under Section 5. 020 of this
Ordinance. In addition, the Planning Board may require that
the Zoning Administrator incorporate any such requirements
and conditions in any permit issued with regard to such site
plan review project.
In the case of Type II site plan review projects located
within the Adirondack Park the decision shall also be sent
to the Adirondack Park Agency.
Section 5. 060 Criteria for Review of Type I and Type II Site Plan Review
a) All Type I proposals, uses or projects located within the
Adirondack Park shall be referred to the Adirondack Park
Agency for Class A Regional Project Review simultaneously
to the Site Plan Review process. This identical process
will be followed for any Type I SEQR project.
b) The Planning Board shall not approve a use unless it first
determines that such site plan review use •meets the site
plan review standards and requirements of Section 5. 070
and that such site plan review use meets any additional
standards and requirements of Article 7 applicable to that
use.
-23-
Section 5. 070 Requirements for Type I and Type II Site Plan Review
In order to approve any Type I and Type II Site Plan Review use
the Planning Board shall find that:
a) The use complied with all other requirements of this
Ordinance, including the dimensional regulations of the
zoning district in which it is proposed to be located; and
b) The use would be in harmony with the general purpose of
intent of this Ordinance, specifically taking into account
the location, character, and size of the proposed use and
the description and purpose of the district in which such
use is proposed, the nature and intensity of the activities
to be involved in or conducted in connection with the pro-
posed use, and the nature and rate of any increase in the
burden on supporting public services and facilities which
will follow the approval of the proposed use; and
c) The establishment, maintenance or operation of the proposed
use would not create public hazards from traffic, traffic
conjestion, or the parking of automobiles or be otherwise
detrimental to the health, safety or general welfare of
persons residing or working in the neighborhood of such
proposed use, or be detrimental or injurious to the pro-
perty and improvements in the neighborhood or to the
general welfare of the Town; and
d) The project would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic,
recreational or open space resources of the Town or the
Adirondack Park or upon the ability of thepublic to provide
supporting facilities and services made necessary by, the
project, taking into account the commercial, industrial,
residential, recreational or other benefits that might be
derived from the project. In making this determination,
the Planning Board shall consider those factors pertinent
to the project contained in the development considerations
set forth herein and in so doing, the Planning Board shall
make a net overall evaluation of the project in relation to
the development objectives and general guidelines set forth
in Section 6.040 of this Article.
Section 5. 071 Development Consideration
The following are those factors which relate to potential for
adverse impact upon the natural, scenic, aesthetic, ecological,
wildlife, historic, recreational or open space resources of the
Town of Queensbury. These factors, listed above, shall be con-
sidered, as provided in this Ordinance, before any site plan
-24-
• review project is undertaken in the Town. Any burden on the
public in providing facilities and services made necessary by
such land use and development or subdivisions of land shall
also be taken into account, as well as any commercial, industrial,
residential, recreational or other benefits which might be
derived therefrom.
a) Natural Resource Considerations
I. Water
(a) Existing Water Quality
(b) Natural Sedimentation of Siltation
(c) Eutrophication
(d) Existing Drainage and Runoff Patterns
(e) Existing Flow Characteristics
(f) Existing Water Table and Rates of Recharge
2. Land
(a) Existing Topography
(b) Erosion and Slippage
(c) Floodplain and Flood Hazard
(d) Mineral Resources
(e) Viable Agricultural Soils
(f) Forest Resources
• (g) Open Space Resources
(h) Vegetative Cover
(i) The Quality and Availability of Land for Outdoor
Recreational Purposes.
3. Air
(a) Air Quality
4. Noise
(a) Noise Levels
5. Critical Resource Areas
(a) Rivers and corridors of rivers designated to be
studied as wild, scenic or recreational in accordance
with the environmental conservation law.
(b) Rare plant communities
(c Habitats of rare and endangered species and key
wildlife habitats
(d) Alpine and sub-alpine life zones
(e) Wetlands
(f) Elevations of twenty-five hundred (2500) feet or more
(g) Unique features, including gorges, waterfalls, and
• geologic formations.
-25-
6. Wildlife
(a) Fish and Wildlife
7 . Aesthetics
(a) Scenic Vistas
(b) Natural and man-made travel
b) Historic Site Considerations
1. Historic Factors
(a) Historic Sites or Structures
c) Site Development Considrations
1. Natural Site Factors
(a) Geology
(b) Slopes
(c) Soil Characteristics
(d) Depth to ground water and other hydrological
factors
2. Other Site Factors
(a) Adjoining and nearby land uses
(b) Adequacy of site facilities
d) Governmental Considerations
1. Governmental Service and Finance Factors
(a) Ability of government to provide facilities
and services
(b) Municipal school or special district taxes or
special district user charges.
e) Governmental Review Considerations
1. Governmental Control Factors
(a) Conformance with other governmental controls
-26- 0
• ARTICLE 6
REGIONAL PROJECT REVIEW
Section 6. 010 Purpose of Article. The purpose of this Article is to
further the general purposes, policies and objectives of this
Ordinance and the Adirondack Park Agency Act by setting forth
the criteria for review of Class A Regional Projects by the
Adirondack Park Agency (Class A projects as defined in Appendix A) .
a) No person shall undertake a ClassA Regional Project
unless and until the Agency shall have reviewed and
approved, or approved subject to conditions, such
project, and has issued an Agency permit with respect
thereto pursuant to the terms of the Adirondack Park
Agency Act and the pertinent Agency Rules and Regulations.
b) If a Type I or Type II Site Plan Review project is also
a Class A Regional Project or a Class A Subdivision, the
project will be deemed to be a Class A Regional Project
or Class A Subdivision in its entirety.
Section 6. 020 Criteria- for Review of Class A Regional Projects by the
Adirondack Park Agency
a) The Adirondack Park Agency shall have jurisdiction to
review and approve, approve subject to conditions or
disapprove all Class A Regional Projects proposed to
be located within the territory of the Town, pursuant
to and in accordance with Section 809 (9) of the
Adirondack Park Agency Act, the applicable Agency Rules
and Regulations, and the criteria hereinafter set forth.
b) The Adirondack Park Agency shall not approve a Class A
Regional Project unless it first -determines, after
consultation with the Planning Board and receipt of
the advisory recommendations of the Planning Board
relative to the Project, that the Project would comply
with all provisions of this Ordinance including those
contained in Articles 4, 5, and 7, hereof, and of such
other Ordinances and Regulations as shall be components
of the Town Land Use Plan.
c) In making the determination required by Section 809 (9)
of the Adirondack Park Agency Act as to the impact of a
proposed Class A Regional Project upon the resources of
the Adirondack Park including the ability of all levels
of government to provide supporting facilities and
• -27-
services made necessary by the project, the Agency shall •
consider those factors pertinent to the project, contained
in the development considerations set forth in Section 5.071
hereof and in so doing shall make a net overall evaluation
of the project in relation to the development objectives
and general guidelines set forth in Appendix C of this
Ordinance.
d) Notwithstanding the fact that Class A Regional Project
approval may havelbeen granted by the Adirondack Park
Agency after a finding by that body that the project would
comply with all provisions of this Ordinance, it must be
recognized that reasonable bodies may differ.
Therefore, where the Town Planning Board finds that the
project would have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic,
recreational or open space resources of the Town or upon
the ability of the Town to provide supporting facilities
and services made ' necessary by the project, taking into
account the commercial, industrial, residential, recreational
or other benefits that might be derived from the project, or
that the project would otherwise not be approvable under this
Ordinance, the Board may disapprove the project, irrespective
of any Agency approval. In such case, the reasons for Plan-
ning Board disapproval shall be specified in writing.
Section 6. 030 Planning Board Authority Regarding Class A Regional Projects.
a) The Planning Board is hereby designated to consult with the
Adirondack Park Agency with regard to Agency review of Class
A Regional Projects.
b) As soon as reasonably practicable following receipt by the
Planning Board from the Adirondack Park Agency of notice of
application completion with regard to a Class A Regional
Project, the Planning Board or one or more designees thereof
shall consult with the Agency for the purpose of analyzing
the project application and formulating advisory recommenda-
tions as to whether the project meets all of the pertinent
requirements and conditions of the Town Land Use Plan.
c) Not later than thirty (30) days following receipt by the
Planning Board from the Agency of notice of application
completion with regard to a Class A Regional Project, the
Planning Board shall notify the Agency whether the project
meets the pertinent requirements of the Town Land Use Plan.
410
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•
• Section 6. 040 Regional Project Review Criteria
a) The principal aspects of a project site to be considered
in completing regional project review are found in a
supplementary document titled Regional Project Review
Criteria - Appendix C for the Town of Queensbury.
-29-
•
ARTICLE 7 •
SUPPLEMENTARY REGULATIONS
Section 7. 010 Purpose of Shoreline Regulations. The purpose of these
shoreline regulations is to promote and protect the public
health, welfare and safety, and to protect economic property
values, aesthetic and recreational values, and other natural
resource values associated with all lakes, ponds, streams,
swamps or wetlands. It is the further purpose of these
regulations to:
1) Provide for the protection, preservation, proper main-
tenance and use of Township watercourses and wetlands in
order to minimize disturbance to them and to prevent
damage from erosion, turbidity, or siltation, a loss of
wildlife and vegetation, and/or form the destruction or
the natural habitat thereof;
2) To provide for the protection of the Township' s potable
fresh water supplies from the dangers of drought, overdraft,
pollution or mismanagement.
Section 7. 011 Shoreline Regulations.
A. In the case of the shorelines of all lakes, ponds, swamps •
or wetlands and the shoreline of the Hudson River, the
following restrictions shall apply:
1) Cutting Restrictions. In the case of the shoreline of
all lakes, ponds, rivers, streams, swamps, or wetlands
and the shoreline of the Hudson River, the removal of
vegetation, including trees, shall be permitted on
shorefront lots provided the following standards are
met.
a) Within 35 feet of the mean high water mark no
vegetation may be removed, except that up to a
maximum of 30% of the trees in excess of six
inches diameter at breast height existing at any
time may be cut over any ten-year period.
b) Within six feet of the mean high water mark no
vegetation may be removed, except up to a maximum
of 30% of the shorefront may be cleared of
vegetation on any individual lot. This provision
shall be adhered to in addition to 7 . O11A. , 1) a)
above.
-30- S
c) The above cutting standards shall not be deemed to
prevent the removal of diseased vegetation or of
rotten or damaged trees or of other vegetation that
present safety or health hazards, or to prevent the
clearing of scrub vegetation, pruning of shrubs,
cutting of grass or similar yard maintenance
procedures.
2) Docks. In all residential and recreation commercial
zones, docks may be constructed on any legal size
building lot, subject to number, size, configuration
and setback restrictions and for which a building
permit has been issued.
a)' For purposes of this Ordinance, a "dock" shall mean
any structure, whether affixed or floating, placed
in or upon a lake, pond, river, stream or brook
and attached to the shoreline by any means and which
provides a berth for watercraft and a means of
pedestrian access to and from the shoreline. This
shall include boathouses, piers, wharfs, crib docks,
stake docks, floating docks and all such similar
structures.
b) Restrictive Criteria:
1) No dock shall be constructed in any configuration
other than straight, F, L, T or U-shaped.
2) No dock shall extend more than forty (40) feet
offshore from the mean low water mark, except
that in streams or brooks, no dock shall extend
offshore more than twenty (20) percent of the
width of the stream or brook at the point of
construction.
3) No dock shall exceed eight (8) feet in width.
4) No F, L, T or U-shaped dock surface area shall
exceed seven hundred (700) square feet.
5) Any dock constructed or altered shall maintain
a minimum ten (10) foot setback from adjacent
property lines as projected in a straight line
from the mean high water mark to the nearest
point of change in direction of said line of
more than 2 degrees, plus or minus, in each
such adjacent property line.
6) A shoreline lot shall be allowed only one(1)
dock per one hundred (100) linear feet of
• shoreline frontage.
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3) Shoreline Setbacks. The minimum setback from the mean
high water mark of all principal buildings and accessory
structures, other than docks or boathouses, shall be
fifty (50) feet in the HI-3A, LI-lA, I-R-1A, SR' s, SFR' s
UR' s and all Commercial Zones; seventy-five (75) feet in
LR and RR zones; and one hundred (100) feet in LC zones.
4) Minimum Lot Width. The minimum lot width measured along
a shoreline for each one-family residential structure
shall be one hundred (100) feet in UR, SR, LR, RR, and
SFR zones; ore hundred fifty (150) feet in the Industrial
and Commercial zones, and two hundred (200) feet in LC-42
and LC-10 zones.
Nothing herein shall be deemed to preclude the application
of appropriate shoreline restrictions to new uses other
than one-family residential structures subject to site
plan review or otherwise by this Ordinance.
5) Minimum Shoreline Frontages. The following minimum
shoreline frontages shall be required for deeded or
contractual access to all such lakes, ponds, rivers or
streams for two (2) or more lots, parcels or sites or
multiple family dwelling units not having separate and
distinct ownership of shore frontage.
a) Where two (2) to four (4) lots, parcels or sites
or multiple family dwelling units are involved,
a total of not less than 100 linear feet of shore-
line and
b) Twenty-five (25) additional feet of shoreline for
each lot, parcel or site or multiple family dwell-
ing'unit ' thereafter.
B. Sewage Facilities. Shall comply to Town of Queensbury
Sanitary Sewage Disposal Ordinance. (See separate schedule)
Section 7 . 020 Tourist Accommodations.
a) For tourist accommodation units which are attached to a
similar unit by a party wall, units of tourist homes, or
similar structures, and tourist cabins or similar structures
for rent or hire involving less than 300 sq. ft. of floor
space each, the minimum land area necessary, shall be one-
tenth the minimum lot area required for the zoning district
in which the tourist accommodation is to be located, except
as is otherwise required in the Highway Commercial Zone.
b) The minimum land area for a tourist cabin or similar structure
for rent or hire having more than 300 sq. ft. of floor space
shall be the minimum lot area in the Zoning Schedules con-
tained in Section 4.050 hereof, for the zoning district in
which the cabin or structure is to be located.
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c) No portion of a tourist accommodation shall be closer than
• 25 feet from the boundary line of any adjoining property
not in the same ownership, or closer than 50 feet from the
shore of any lake or pond.
d) Where a motel, hotel or tourist accommodation involves the
shoreline of any lake or pond, or any river or stream navi-
gable by boat, including canoe, the following shoreline
frontages shall be required per room or unit, unless the
minimum shoreline lot width in Section 7. 011 hereof for
the zoning district involved is greater, in which case the
greater lot width shall be required; 100 feet for one to
ten accommodation units; for each additional unit, up to
20 units, 8 addiitonal feet; for each additional unit, up
to 40 units, 5 additional feet; for each additional unit
thereafter, 3 additional feet.
Section 7. 030 Multiple Family Dwellings.
a) Density - the overall density of each zone shall be the
amount of land area necessary for each dwelling unit
located in any multi-family project, or duplex unless
specified otherwise in Article 4 .
1. Duplexes - Because of the similarity in appearance
of duplexes to single family detached homes, similar
yard requirements are typical, except that each
I 0 housing unit requires the total side area.
2. Triplexes and Larger Unit Configurations - See zone
requirements in Article 4.
b) Access -
1. Road Design - All non-public roads used for. vehicular
circulation in all multi-family projects shall be
designed in width, curvature, etc. to accommodate
service and emergency vehicles.
2. Ingress and Egress - Where project roads intersect
public roads the subdivision site distances and
grades shall apply. Generally all road systems
should be looped, if possible, minimizing dead-ends
and cul-de-sacs.
3 . Pedestrian Walkways - Pedestrian Walkways shall be
provided connecting the housing units to vehicular
storage areas and recreation areas. Pedestrian walk-
ways shall be separated from project roads with adequate
visual indications of crosswalks to insure pedestrian
safety.
. -33-
4. Adequate off-street parking shall be provided as per
Section 7.070-7.073 of this Article.
c) Water and Sewer Facilities -
1. Water facilities - Approval of water supply by the
Queensbury Water Department when within Queensbury
Water District or Department of Health or other
appropriate regulating agency shall be mandatory.
All necessary permits must be secured prior to
construction.
2. Sewage Disposal Facilities - Approval of the sewage
disposal system by the New York State Department of
Environmental Conservation or other appropriate
regulating agency shall be mandatory. All necessary
permits must be secured prior to construction.
d) Recreation Facilities - For multi-family projects with
50 or more units, a Recreation Plan depicting what
measures are being planned to meet anticipated recreation
needs of project residents shall be approved by the Plan-
ning Board.
Section 7. 040 Agricultural Uses.
Section 7. 041 Standards for Animal Husbandry shall be according to
New York State Agricultural Service. 410
Section 7 . 042 Farm Animals such as cattle raised in feedlots are
only allowed on farmsl� in excess of 25 acres.
a) Standards for accommodations of these animals will be
determined by the Planning Board with help from the
Warren County Cooperative Extension.
Section 7. 043 For the raisin horses and ponies three (3) acres
are required with a minimum of 2 acres per animal. (See
Section 7 . 080, Farm Classifications. )
Section 7 . 044 Cultivation. Large open areas as specified in the
zoning schedules are Subject to the restrictions herein:
1. Furrows shall be paralled to the contour of the land on
the steeper slopes.
2. Grades steeper than 10% shall be interrupted every 100
feet of descent by an undisturbed strip of sod or
shrubbery 10 feet or more in width.
3. Manure shall be applied to land in such a manner so as
to minimize offensive odors to neighbors and in no case
shall be closer than 10 feet to a property line.
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4. Cultivation methods shall minimize runoff or leaching
into a stream, river, pond or lake and in no case shall
be closer than 50 feet from the mean high water mark of
said body of water, except that in the case of an inter-
mittent stream where cultivation may extend to 25 feet
from the mean high water mark.
Section 7 . 050 Mining, Excavation of Minerals/Gravel.
Section 7. 051 Excavation.
a) Slopes caused by the excavation shall upon completion
not exceed 30%.
b) Depth of excavation shall approach no closer than 5 feet
to the average high point of the groundwater table
measured annually.
c) Stockpiled material shall not exceed 35 feet.
Section 7. 052 Buffer Zones.
a) An undisturbed 50 foot buffer zone shall surround the
excavation within the limits of the property.
b) The entry into the excavated area shall be curved so
as to prevent a direct view from the public R.O.W.
c) The provisions of the Soil Erosion Standards shall
govern all excavations.
Section 7. 060 Soil Erosion Standards.
Section 7. 061 Guidelines. Unless the standards in Section 7. 062
below are more restrictive, the applicant shall conform to
the published "Guidelines for Erosion and Sediment Control
in Urban Areas of New York State" by U.S.D.A. - S.C.S. ,
copies of which are maintained at each Soil and Water Con-
servation District Office.
Section 7. 062 Standards.
a) When land is exposed during development the exposure
should be kept to the shortest practicable period of
time and the smallest amount of land possible.
b) Natural features such as trees, groves, natural terrain,
waterways and other similar resources shall be preserved
and shall conform substantially with the natural boundaries
and alignment of watercourses.
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c) Temporary vegetation and mulching shall be used to protect
critical areas exfposed during development.
d) Permanent vegetation shall be successfully established and
erosion control structures shall be installed as soon as
practical on development. Whereever feasible natural
vegetation shall be retained and protected.
e) Topsoil removed from areas for structures shall be redis-
tributed within the boundaries of the lands in question so
as to provide suitable base for seeding and planting.
f) The development shall be fitted to the topography and soils
to create the least erosion potential.
g) Provisions shall be made to effectively accommodate the
increased runoff caused by changed soil and surface con-
ditions during and after development.
h) Sediment basins (debris basins, desilting basins or silt
traps) shall be installed and maintained to remove sediment
runoff waters from land undergoing development.
i) The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after
site preparations and construction.
j) All fill material shall be of a composition suitable for
410
the ultimate use of the fill, free of rubbish and carefully
restricted in its content of brush, stumps, tree debris,
rocks, frozen material, and soft or easily compressible
material. Fill material shall be compacted sufficiently
to prevent problems of erosion.
k) Grades of at least one-half percent and drainage facilities
shall be provided to prevent the ponding of water, unless
such ponding is proposed within site plans, in which event
there shall be sufficient water flow to maintain proposed
water levels and avoid stagnation.
1) Provisions shall be made that there will be no detrimental
effect on water quality of the watercourses. There will
be no discharge of sediment or other material into the
watercourses.
Section 7. 070 Off-Street Parking and Loading.
The following regulations apply to mandatory parking off public
or proposed public right-of-ways. There are three primary con-
siderations when designing off-street (R.O.W. ) facilities.
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111
a) Sufficient space for adequate parking and circulation
' Ill of probable vehicle space demand.
b) Safety of through-property designed egress and guaranteed
access for emergency vehicles.
c) Safety for pedestrians by separating vehicle and pedestrian
areas through physcial barriers and visual separation.
Section 7. 071 Off-Street Parking Design.
Off-street parking space shall be required for all buildings
constructed, altered, extended and engaged in use after the
effective date of this Ordinance. Each off-street space shall
consist of at least two hundred (200) square feet and shall be
at least 10 feet wide by 20 feet long and shall be reached by
an access driveway at least 20 feet clear in width. In addition,
space necessary for aisles, maneuvering, safe pedestrian walkways
and drives shall be provided. Parking requirements are specified
in Section 7. 072.
For uses not specified in Section 7. 072, the Planning Board may
establish parking requirements consistent with those specified
I in Section 7. 082.
a) For any building having more than one(1) use, parking
space shall be required as provided for each use.
1 III b) Floor areas for the purposes of computing parking require-
ments shall be the sum of the horizontal area within exterior
walls of the several floors of a building, excluding basement,
cellar and attic areas used primarily for storage or service.
c) Any parking lot or parking area that will contain more than
100 cars shall be effectively divided by planted divider
strips or curbing fixed in place so as to effectively divide
each parking area of 100 cars from another driveway and park-
ing area for the purpose of insuring safety of vehicles
moving within the entire parking area and to control speed.
d) There shall be one access point (egress-ingress) from parking
areas for Industrial and Commercial uses. There shall be
a physical barrier separating the ingress and egress area
of the access point. A maximum of two lanes (20' ) shall be
permitted for each. Access points shall be separated from
adjoining access points by at least 150 ' .
e) All parking shall be adequately lighted.
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Section 7 . 072 Off-Street Parking Schedule
USE MINIMUM SPACES REQUIRED
a) Dwelling - Two (2) spaces for each dwelling unit
b) Rooming House, Motel - One (1) space for each guest room
c) Church or Temple - One (1) space for each five (5) seat-
ing spaces in main assembly room
d) School - Three (3) spaces for each classroom
e) Theater or other - One (1) space for each five (5) seat-
place of assembly ing spaces
f) Retail store or Bank - One (1) space for each 100 sq. ft. of
gross floor area
q) Clubs and Restaurants - One (1) space for each 100 sq. ft. of
gross floor space
h) Wholesale, storage, - One (1) space for each 1000 sq. ft.
Freight terminal or of gross floor area
Utility use.
i) Industrial Use or - One (1) space for each two (2) employees
Manufacturing Use on the maximum working shift, plus one
(1) space for each company vehicle.
j) Home Occupation and - One (1) space for each 100 sq. ft. of
Professional Offices floor area devoted to such use
k) Drive-in Restaurant - One (1) space for each twenty-five (25)
sq. ft. of gross floor area
1) Commercial or - Five and five-tenth (5. 5) parking spaces
Shopping Center per 1, 000 sq. ft. of gross leasable
floor space
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Section 7. 073 Off-Street Loading.
At least one(1) off-street loading space shall be provided for
each commercial or industrial establishment hereafter erected
or substantially altered to have a gross floor area in excess of
5, 000 sq. ft. , computed as described below. Space for off-street
loading shall be in addition to space for off-street parking.
Each off-street loading space shall be subject to the following
minimum requirements:
a) Each berth shall be not less than twelve (12) feet wide,
forty (40) feet long and fourteen (14) feet in height when
covered.
b) Off-street loading space (or spaces) located within fifty
(50) feet of a residential property shall be shielded by
wall, fencing, or other suitable material which shall serve
to screen noise and uncontrolled entrance.
Section 7. 074 Accessory Structures
A. Minimum yard regulations
1) Unattached Accessory Structures in LC-42A, LC-10A,
RR-3A, RR-5A, LR-1A, LR-2A, UR-10, UR-5, SR-1A, SR-30,
SR-20, SFR-10, SFR-20, SFR-30 and SFR-lA zones.
•
Accessory structures, which are not attached to a
principal structure, may be erected in accordance with
the following restrictions.
a) No accessory structure is located closer than
five (5) feet to the side and rear lot lines.
b) No accessory structure is located closer to the
street than the required setback line of the
principal structure.
c) No accessory structure is located closer to a
principal structure than ten (10) feet.
2) Attached Accessory Structures in LC-42A, LC-10A, RR-3A,
RR-5A, LR-1A, LR-2A, UR-10, UR-5, SR-1A, SR-30, SR-20,
SFR-10, SFR-20, SFR-30 and SFR-1A zones. When an
accessory structure is attached to the principal build-
ing, it shall comply in all respects with the require-
ments of this Ordinance applicable to the principal
buildings.
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3) Accessory Structures in other zones. Accessory
structures shall odmply with the front and side
yard requirements for the principal structure to
which they are accessory, and shall not be closer
to any rear property line than ten (10) feet.
4) Private Swimming Pools. Private swimming pools,
permanent and portable, which shall be accessory
to a principal, non-commercial dwelling use shall
be regulated as follows: except that these
regulations shall not apply to portable swimming
pools which shall be not more than three (3) feet
in height nor more than fifteen (15) feet in length.
a) May be erected only on the same lot as the
principal structure.
b) May be erected only in the rear yard of such
structure and shall be distant not less than
twenty (20) feet from the front and rear lot
lines nor less than ten (10) feet from any
side yard,principal structure or accessory
structure attached thereto.
c) Shall be landscaped.
d) Such use shall not adversely affect the •
character of the neighborhood.
e) All private swimming pools shall be enclosed
by a permanent fence of durable material at
least four (4) feet in height.
Section 7. 075 Seasonal Dwelling Unit Conversion.
The conversion to year-round occupancy of any seasonal dwelling
shall be permitted only after approval under a Type II site plan
review and in accordance with New York State Building Code and
New York State EnergylConservation Construction Code.
Section 7. 076 Frontage Upon a Public Street.
Every principal building shall be built upon a lot with frontage
upon a public street ,improved to meet the standards of the Town
of Queensbury.
A) The required frontage shall be in the amount prescribed by
New York State Town Law, Article 16, Section 280a, Sub-
division 5.
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Section 7. 077 Transient and/or temporary commercial use.
•
Such uses shall be allowed in Highway Commercial Zones only,
provided that approval under type II site plan review has
r
been granted for each individual occasion.
Section 7. 078 Minimum floor area per dwelling unit.
1. Single family dwelling - 800 sq. ft.
2. Two family dwelling each unit - 750 sq. ft.
3. Multiple residential each unit - 600 sq. ft.
Section 7. 079 Buffer Zones
Where any commercial use or industrial use, as defined in this
Ordinance, abuts any residential use at the lot line or on the
same street, that said commercial or industrial use shall pro-
vide at least a 50 foot buffer zone from the adjoining lot line
of the residential use.
Section 7. 080 Farm Classifications. Because of the diversity of land
use in Queensbury and for purposes of this Ordinance, farms are
classified in four (4) categories (A, B, C, D) as defined below.
Class A - Any parcel of land in excess of ten (10) acres used
for the raising of agricultural products or the keep-
ing of poultry, fowl, livestock, small mammals or
' 4111 domestic animals for commercial purposes, including
the necessary farm structures and the storage of
farm equipment.
Class B - (Animals) Any parcel of land less than ten (10) acres,
but more than five (5) acres, used for raising or keep-
ing of livestock, poultry, fowl, small mammals or
domestic animals either for commercial purposes or for
personal pleasure or use.
Class C - (Agricultural) Any parcel of land in excess of five
(5) acres used for the production of agricultural
products and especially fresh fruits and vegetables
(as distinguished from grain and other staples) for
commercial purposes.
Class D - Hobby. Any parcel of land less than five (5) acres
used for the raising of agricultural products or keep-
ing of large or small mammals, poultry, fowl or domestic
animals for personal use or pleasure and being
incidental to residential use.
Note: In the case of horses and ponies, a minimum of three (3)
acres shall be required for one (1) horse or pony,
however, where two (2) or more horses or ponies are
• concerned, a minimum of two(2) acres per horse or pony
shall be required.
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ARTICLE 8 •
GENERAL EXCEPTIONS
Section 8. 010 General Exception to Minimum Lot Area Requirements.
Any non-conforming lot of record as of, the date of this
Ordinance which does not meet the minimum lot area and/or
minimum lot width requirements of this Ordinance for the
zoning district in which such lot is situated shall be
considered as complying with such minimum lot requirements,
and no variance shall be required, provided that:
Such a lot does not adjoin other lots in the
same ownership, provided however, that all
such lots in the same ownership shall be
treated together as one lot.
Section 8. 011 Exemption to Minimum Lot Area Requirements for Lots
in an Approved Subdivision.
Notwithstanding the provisions of Section 8. 010 of this
Ordinance, any non-conforming lot of record as of the
date of this Ordinance which does not meet the minimum
lot area and/or minimum lot width requirements of this
Ordinance for the zoning district in which such lot is
situated shall be exempt from such minimum lot require-
ments, and no variande shall be required, for a period
of three (3) years from the effective date of this
Ordinance, if said lqt is shown and delineated on a
subdivision plat of land into lots for residential use,
duly approved by the Queensbury Planning Board subsequent
to August 30, 1967 (the effective date of the first
zoning ordinance of the Town of Queensbury) and said
subdivision plat has been duly filed in the office of
the Warren County Clerk in accordance with law.
Section 8. 020 Review of preexisting subdivision following
exemption period as described in Section 8. 011.
Section 8. 021 Review for overall density.
For the purpose of this Ordinance subdivisions will be
reviewed for the overall density of the originally approved
land area within said subdivision. This land area shall
include all open space, including ponds, but excluding
public right-of-ways dedicated for road.
•
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ARTICLE 9
• NONCONFORMING USES AND STRUCTURES
Section 9.010 Continuation. Subject to the provisions of this
Article, a nonconforming structure or use or a structure con-
taining a nonconforming use may be continued and maintained in
reasonable repair but may not be altered, enlarged or extended
as of the date this Ordinance becomes law, except by site plan
approval of the Planning Board, generally as follows:
Section 9. 011 A single family dwelling or mobile home may be enlarged
or rebuilt to within the setback provisions of this Ordinance.
Section 9. 012 In no case shall any increase or expansion violate, or
increase non-compliance with the minimum setback requirements
of the shoreline restrictions.
Section 9. 1)13 This Article shall not be construed to permit any unsafe
use or structure, or to affect all proper procedures to regulate
or prohibit the unsafe use or structure.
Section 9. 014 Except as cited in 9. 011, any nonconforming use may be
increased only by variance granted by the Zoning Board of Appeals.
40 Section 9. 020 Conversion of Certain Existing Uses. Those structures
existing on the effective date of this Ordinance that are
associated with resort hotels, rental cottages and group camps
will be allowed to be converted from their previous use to
individual single family residence use through site plan review.
Said conversion can be made notwithstanding the fact that such
structures, as converted, do not conform to the provisions of
this Ordinance or the Shoreline restricitions.
Section 9. 030 Discontinuance. If a nonconforming use is discontinued
for a period of eighteen (18) months, further use of the property
shall conform to this Ordinance or be subject to review by the
Zoning Board of Appeals.
Section 9. 040 Change. If a nonconforming use is replaced by another
use (excepting those uses specified in Section 9. 020) , such use
shall conform to this Ordinance.
-43-
gu ed ths
Section Ord0 nan aon reof i ruuhangNohipg lacnotacinnstru ,
alteration or designated use of a structure for which sub-
stantial construction work has lawfully commenced prior to
the adoption of this Ordinance.
Section 9. 060 Destruction of ;a Nonconforming Use.
Section 9. 061 Area Nonconformity. Any structure which is non-
conforming due to a setback violation or, in the case of
multi-family housing, due to greater intensity than would
be allowed by this Ordinance, which is destroyed wholly or
in part by fire, flood, wind, hurricane, tornado, or other
act beyond the control of man, shall be allowed to recon-
struct according to its original dimension and intensity
within eighteen (18) Months of said destruction.
Section 9.062 Use Nonconformity. Any structure which is a non-
conforming use according to the provisions of this Ordinance,
which is destroyed by' fire, flood, wind, hurricane, tornado,
or other act beyond the control of man to the extent of 50%
Of the assessed value of the structure or more, must be
replaced within eight en (18) months of the destructive
incident. If, within the eighteen (18) month period, the
structure containing the nonconforming use is not rebuilt,
the nonconforming use shall not be re-established and the
property shall only be used for a conforming use.
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S
ARTICLE 10
VARIANCES
Section 10. 010 Purpose of Article. The purpose of this Article is to
provide for variances from this Ordinance in cases where the
strict application thereof would result in practical difficuties
or unnecessary hardships inconsistent with the general purpose
and objectives of this Ordinance.
Section 10. 020 Authorization to Grant or Deny Variances. Any variance
to this Ordinance shall be granted by the Zoning Board of Appeals
in accordance with the standards and procedures set forth in
this Article. In granting a variance, the Zoning Board of Appeals
may impose conditions similar to those provided for site plan
review usage to protect the best interests of the surrounding
property, the neighborhood and the Town as a whole.
Section 10. 030 Application for Variance. Variances may be instituted
by filing an application with the Zoning Board of Appeals using
forms supplied by the Board, which shall include all information
reasonably considered by the Board as necessary to make its find-
ings under Section 10. 040 of this Ordinance, supplied by the
applicant and including a legal description of the property, a
map showing the property and all properties within a radius of
five hundred (500) feet of the exterior boundaries thereof, plans
and elevations necessary to show the proposed variance, and other
drawings or information reasonably considered necessary by the
Board of Appeals to an understanding of the proposed use and its
relationship to surrounding properties.
Section 10. 040 Requirements for Granting Variances.
a) Area Variances. A variance to allow land use or development
of subdivision to be located on a lot or property which does
not conform to the dimensional requirements for that district
listed in Section 4. 030 may be granted only in the event that
all of the following circumstances are specifically found to
exist by the Zoning Board of Appeals, and are each so stated
in the Board' s findings, and no such variance shall be valid
unless all of the following circumstances are so found:
1) That the strict application of said dimensional require-
ments would result in a specified practical difficulty
to the applicant; and
411 -45-
2) That the variance would not be materially detrimental
to the purposes of this Ordinance, or to property in
the district in which the property is located, or other-
wise conflict with the description or purpose of the
district or the objectives of any plan or policy of
the Town, and that the variance requested is the minimum
variance which would alleviate the specific practical
difficulty found by the Zoning Board of Appeals to
affect the applicant.
b) Use Variances. A variance to allow a use within a district
other than a use allowable as a permissible use or site plan
review use may be granted only in the event that all of the
following circumstances are specifically found to exist by
the Zoning Board of Appeals, and are each so stated in the
Board's findings, and no such variance shall be valid unless
all of the following circumstances are so found:
1) That the strict application of said use provisions of
this Ordinance would result in a specified unnecessary
hardship to th{e applicant (I) which arises because of
exceptional or extraordinary circumstances applying to
the property and not applying generally to other
properties in the same district, and (II) which results
from lot size or shape legally existing prior to the
date of this Ordinance, or topography, or other
circumstances over which the applicant has had no
control; 410
2) that the property in question cannot yield a reasonable
financial return if used for any permissible use or
site plan review applicable to the zoning district in
which the property is located;
3) that the variance is necessary for the preservation
of a property right of the applicant substantially
the same as owners of other property in the same
district possess without such a variance; and
4) that the variance would not be materially detrimental
to the purposes of this Ordinance, or to property in
the district in which the property is located, or
otherwise conflict with the description or purpose of
the district or the objectives of any plan or policy
of the Town, and that the variance requested is the
minimum variance which would alleviate the specific
unnecessary hardship found by the Zoning Board of
Appeals to affect the applicant.
•
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• Section 10. 050 Referrals.
a) The Zoning Board of Appeals shall refer all completed variance
applications to the Planning Board for its report and recommen-
dation, and where readired by Section 239-m of the General
Municipal Law, to the County Planning Agency having jurisdiction
for its report and recommendation. In no case shall final
action be taken until said Planning Board and County Planning
Agency (if appropriate) have submitted their reports, or unitl
thirty (30) days have passed since the date of referral,
whichever occurs first.
b) In the case of any variance application, involving land,
buildings, or structures located within the Adirondack Park
in any land use area except hamlet, or any variance involving
the shoreline restrictions, the Zoning Board of Appeals shall
submit a copy of the application to the Adirondack Park Agency,
together with such pertinent information as the Agency reason-
ably shall deem necessary.
Section 10. 051 General Municipal Law Section 239-m
a) Any variance application, Site Plan Review or Zoning Change
application within the following thresholds shall be referred
to the Warren County Planning Board for their review and
comment:
1) Within 500' of the Town boundary.
2) Within 500' of an existing or proposed County or State
- park or recreation area;
- right-of-way, parkway, thruway, road or highway;
- stream or drainage channel or easement;
- public building or institution.
b) Within thirty (30) days after receipt of a full statement of
such referred matter, the Warren County Planning Board shall
report its recommendations to the referring Town body. If
the County fails to report within thirty (30) days, the Town
body may act without such report. If the County disapproves
the proposal, or recommends modification thereof, the Town
body having jurisdiction shall not act contrary to such dis-
approval or recommendation except by a vote of a majority
plus one of all the members thereof, and after the adoption
of a resolution, fully setting forth the reasons of such
contrary action.
Within seven (7) days after final action by the Town body a
report of said final action shall be filed with the Warren
County Planning Board.
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Section 10. 060 Variance Application Hearing and Decision
a) Within thirty-one (31) days of receipt by the Zoning Board
of Appeals of a coMpleted application for a variance, the
Zoning Board of Appeals shall give notice by public ad in
official newspaper of a publib hearing to be held on the
application not less than five (5) days nor more than thirty-
one (31) days after the notice. The Adirondack Park Agency
shall be a full party in interest for all variance
applications within Adirondack Park, with standing to
participate in any and all proceedings under this Article
for which the Agency was required to be sent notice under
Section 10. 050 (b) of this Ordinance.
b) Within thirty (30) days of the final adjournment of a
public hearing called and held under paragraph (a) of this
Section, the Zoning Board of Appeals shall grant, grant
with conditions, or deny the variance applied for. The
decision of the Board shall be in writing and shall con-
tain each of the findings specified in Section 10. 040 of
this Ordinance, and the factual basis for each finding
from the record of the hearing, which shall support the
decision of the Board.
c) For decisions involving lands within the Adirondack Park,
the Board shall notify the Adirondack Park Agency, by
certified mail of such decision. Any variance granted or
granted with conditions shall not be effective until thirty
(30) days after such notice to the Agency. If, within such
thirty (30) day period, the Agency determines that such
variance involves the provisions of the Land Use and
Development Plan as approved in the local land use program,
including any shoreline restriction, and was not based upon
the appropriate statutory basis of practical difficulties
or unnecessary hardships, the Agency may reverse the local
determination to grant the variance.
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• ARTICLE 11
AMENDMENTS
Section 11. 010 Purpose of Article
The purpose of this Article is to allow for amendment to
this Ordinance whenever the public necessity and convenience
and the general welfare require such amendment, by follow-
ing the procedure of this Article.
Section 11. 020 Referrals
When directed by the Town Board, the Town Clerk shall
submit a copy of he proposed amendment to the Adirondack
Park Agency for a determination as to whether the proposed
amendment is subject to Agency approval under Section 807
of the Adirondack Park Agency Act; the Town Clerk shall
simultaneously refer such proposed amendment to the Plan-
ning Board, and where required by Section 239-m of the
General Municipal Law, to the County Planning Agency having
jurisdiction, for the report and recommendations by those
bodies to the Town Board (see Section 10. 051) .
Section 11. 030 Hearing and Decision on Proposed Amendment.
The procedure as to notice of public hearing, public hearing
on, and enactment of a proposed amendment shall follow and
be governed by Section 265 of the Town Law, and Section 239-m
of the General Municipal Law, including all subsequent
amendments thereto. Notice of the decision of the Town
Board shall be sent promptly to the Adirondack Park Agency.
Section 11. 040 Records of Amendments.
The Zoning Administrator and the Town Clerk shall each main-
tain records of amendments to the text of this Ordinance and
of the Official Zoning Map and Park Plan Map.
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ARTICLE 12 •
ADMINISTRATIVE PROVISIONS
Section 12. 010 Zoning Administrator.
The Zoning Administrator shall have the power and duty to
administer and enforce the provisions of this Ordinance.
The Zoning Administrator shall be appointed and may be
removed at the pleasure of the Town Board. An appeal from
an action, omission, decision or rule by him regarding a
requirement of the Ordinance may be made only to the Zoning
Board of Appeals.
Section 12. 020 Required Records.
The original or a 'certified copy of all decisions, approvals,
rulings and findings of any Board under this Ordinance, and
of all permits and certificates issued under this Article,
shall be promptly furnished by the Zoning Administrator to
the Town Clerk and retained as a permanent Town public record.
Section 12.030 Appeal from Action of Planning Board or Zoning
Board of Appeals.
An action, omission, decision or ruling of the Planning •
Board or Zoning Board of Appeals pursuant to this Ordinance
may be reviewed at the instance of any aggrieved person in
accordance with Article 78 of the Civil Practice Law and
Rules, but application for such review must be made not
later than sixty (60) days from the effective date of the
decision or ruling, or the date when the action or omission
occurred, whichever comes later.
Section 12. 040 Form of Petitions, Applications and Appeals.
Unless otherwise stated,all petitions, applications and
appeals provided for in this Ordinance shall be made on forms
prescribed by the Planning Board. Completed forms shall be
accompanied by whatever further information, plans or
specifications as may be required by such forms.
Section 12. 050 Application Fees.
Fees provided for by this Ordinance shall be paid upon the
submission of petitions, applications, and appeals, in such
amount or amounts as shall be established by the Town Board
from time to time. Said fees will be posted in the Building
Department on the official "Schedule of Fees for the Town
of Queensbury. " The following actions will require fees.
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This list is not necessarily all inclusive.
a) Building Permit
b) Certificate of Occupancy
c) Site Plan Review
d) Zoning Variance Application
Section 12. 051 Payment of Fees.
a) All fees shall be paid at the time of application
to the Zoning Administrator.
b) No fee shall be allowed to be substituted for any
other required fee.
Section 12. 060 Notice of Public Hearing. Each notice of hearing
upon an application for site plan review or for the review
of a variance application, or upon an appeal to the Zoning
Board of Appeals from an action of the Zoning Administrator,
shall be published once in the official newspaper of the
Town at least five (5) days prior to the date of the hearing.
In addition, at least five (5) days prior to the date of
the hearing, notices shall be mailed to all owners of the
property within five hundred (500) feet of the exterior
boundary of the property for which the application is made,
as may be determined by the latestassessment records of
the Town.
Section 12. 070 Building Permits.
a) Permit Required. No building or sign shall be erected,
added to, or structurally altered, nor shall any new
use be undertaken until a permit therefor has been
issued by the Zoning Administratior. No such building
permit or certificate of occupancy shall be issued for
any building use or sign where said construction,
addition, or alteration or use thereof would be in
violation of any of the provisions of this Ordinance
or the Sign Ordinance for the Town of Queensbury.
b) Submittal Requirements. There shall be submitted with
all applications for building permits three (3) copies
of a layout or plot plan drawn to scale showing the
actual dimensions of the lot to be built upon, the exact
size and location on the lot of the building and accessory
buildings or signs to be erected and such other infor-
mation as may be necessary to determine and provide for
the enforcement of this Ordinance.
c) Permit and Certification. Upon receipt of all appropriate
information and fees, and after all requirements of this
• -51-
Ordinance have beep met, the Zoning Administrator shall
issue a Building Permit. One copy of the submitted layout 411
or plot plan certified by the Zoning Administrator as to
compliance with this Ordinance, shall be returned to the
applicant.
Section 12.071 Criteria for Issuance of a Building Permit. The
Zoning Administrator shall issue a building permit only
if he determines the following:
a) The new land use or development complies with any
applicable sanitary codes;
b) The new land use or development meets the area,
setbacks from property lines, bulk and height
controls and the special shoreline restrictions of
this Ordinance, unless an area variance has been
granted pursuant to Article 10 hereof; and,
c) The new land use or development has received site
plan approval, if applicable, and if such approval
is subject to conditions to be met prior to the
granting of a permit, that all such conditions
have been met; or,
d) It is a non-permissible use for which a use variance
has been granted pursuant to the terms of Article 10
hereof, and if such grant was subject to conditions
to be met prior to the granting of a permit, that
all such conditions have been met; or,
e) It is a sign', and such sign complies with the provisions
of the Sign Ordinance.
Section 12. 072 Expiratio of Building Permits. If a project for
which a permit haS been issued is not in existence within
180 days after the issuance of such permit, said permit
shall expire, and the project may not thereafter be under-
taken or continued, unless said permit has been renewed
for another 180 days (allowed once) or, unless a new permit
has been applied for and issued in the same manner and
subject to all provisions governing the initial application
for the issuance Of a permit.
Section 12. 080 Certificate of Occupancy. Upon the completion of
a building erected or materially altered, for which a build-
ing permit has previously been issued, a certificate permitting
the occupancy of the building and the use designated in the
Building Permit shall be required, and the building may not
be occupied until such Certificate of Occupancy has been
issued. The Zoning Administrator shall issue such Certificate
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• of Occupancy within ten (10) days upon determination that
all conditions of the Permit pertaining to that building
have been fulfilled.
Section 12. 090 Site Inspections. The filing of an application
for regional project approval under Article 6 hereof, an
application for a variance under Article 10 hereof, and an
application for site plan approval under Article 5 hereof,
or an application for a building permit under Article 12
hereof by a person shall be deemed a granting of approval
by such person to the Planning Board, the Zoning Board of
Appeals, and the Zoning Administrator, and to such persons
as they may designate, to conduct such examinations, tests,
and other inspections of the sites which are the subjects
of such applications, as the body or officer having
jurisdiction deems necessary and appropriate for the
purposes of this Ordinance.
i
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ARTICLE 13 •
ENFORCEMENT
Section 13. 010 Penalty. Any person owning, controlling or managing
any building, structure, land or premises wherein or whereon
there shall be placed on or there exists or is practiced or
maintained anything or any use in violation of any of the
provisions of this Ordinance, shall be guilty of an offense
and subject to a fine of not more than two hundred fifty
dollars ($250) or to imprisonment for a period of not more
than six (6) months, or both such fine and imprisonment, or
by penalty of two hundred fifty dollars ($250) to be recovered
by the Town in a civil action. Every such person shall be
deemed guilty of a separate offense for each week such violation,
disobedience, omission, neglect or refusal shall continue.
Where the person committing such violation is a partnership,
association or corporation, the principal executive officer,
partner, agent or manager may be considered to be the "person"
for the purpose of this Article.
Section 13. 020 Alternative Remedy. In case of any violation or
threatened violation of any of the provisions of this Ordinance,
or conditions imposed by a building permit, in addition to other
remedies herein provided, the Town may institute any appropriate
action or proceedings to prevent such unlawful erection,
structural alteration, reconstruction, occupancy, moving and/or
use, to restrain, correct, or abate such violation, to prevent
the occupancy of such building, structure or land, or to pre-
vent any illegal act, conduct, business or use in or about such
premises.
Section 13. 021 Stop Work Order.
a) The Town Board for the Town of Queensbury herein grants the
Zoning Administrator the administrative responsibility of
immediately terminating any actions according to 13 .020 by
posting a Stop Work Order on the premises wherein the
violation has occurred.
b) The Stop Work Order shall serve notice to the owner, builder
developer, agent and/or any other individual or business on
the premises that all such actions specified on the Stop Work
Order must be terminated immediately.
c) Relief from the Stop Work Order can be realized as follows:
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• - If all provisions of this Ordinance together with other
conditions specified by the Zoning Administrator are
met, then the Town Board may authorize the termination
of the Stop Work Order.
- Except for cases involving Site Plan Review, if a
variance is granted by the Zoning Board of Appeals
permitting the violations specified on the Stop Work
Order to continue henceforth as allowable, said
administrative decision shall also specify the con-
ditions for the termination of the Stop Work Order.
Section 13. 030 Misrepresentation.
Any permit or approval granted under this Ordinance which is
based upon or is granted in reliance upon any material mis-
representation, or failure to make a material fact or
circumstance known, by or on behalf of an applicant shall be
void. This Section shall not be construed to affect the
remedies available to the Town under Sections 13 . 010 and
13. 020 of this Ordinance.
Section 13. 031 Complaints and Violations.
Whenever a violation of this Ordinance occurs, any person
may file a complaint in regard thereto. All such complaints
shall be filed with the Zoning Administrator who may require
such complaint to be in writing. The Zoning Administrator
shall have the complaint properly investigated and report
thereon to the governing body.
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ARTICLE 14 III
CLUSTER PROVISIONS
Section 14. 010 Cluster Provisions as Per Town Law, Section 281.
Authorization - The Town Board hereby authorizes the Planning
Board, simultaneously with the approval of a plat or plats
pursuant to the Town Subdivision Regulations, to modify
applicable provisions of the Zoning Ordinance, subject to the
conditions hereinafter set forth and such other reasonable
conditions as the Town Board may in its discretion add thereto.
Such authorization shall specify the lands outside the limits
of any incorporated village to which this procedure may be
applicable. The purpo es of such authorization shall be to
enable and encourage flexibility of design and development of
land in such a manner as to promote the most appropriate use
of land, to facilitate, the adequate and economical provision
of streets and utilities, and to preserve the natural and
scenic qualities of open lands.
Section 14.020 Requirements for Clustering.
Section 14. 021 Application. If the owner makes written application for
the use of this procedure, it may be followed at the discretion
of the Planning Board if, in said Board's judgment, its ill
application would benefit the Town.
Section 14. 022 Must be Zoned Residential Only. This procedure shall
be applicable only to lands zoned for residential purposes and
its application shall result in a permitted number of building
lots or dwelling units which shall in no case exceed the number
which could be permitted, in the Planning Board 's judgment, if
the land were subdivided into lots conforming to the minimum
lot size and density requirements of the Zoning Ordinance
applicable to the district in which such land is situated and ,
conforming to all other applicable requirements.
Section 14. 023 Unit Types. The dwelling units permitted may be, at
the discretion of the Planning Board and subject to the conditions
set forth in this Ordinance, in detached, semi-detached, attached,
or multi-story structures.
Section 14. 024 Open Space Areas. In the event that the application of
this procedure results in a plat showing lands available for
park, recreation, open space, or other municipal purposes
directly related to the plat, then the Planning Board, as a
condition of plat approval, may establish such conditions on
the ownership, use, and maintenance of such lands as it deems
necessary to assure the preservation of such lands for their •
intended purposes.
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1
• Section 14. 025 Review of Site Plan. The proposed site plan,
including areas within which structures may be located,
the height and spacing of buildings, open spaces and
their landscaping, off-street open and enclosed parking
spaces, and streets, driveways and all other physical
features as shown on said plan or otherwise described,
accompanied by a statement setting forth the nature of
such modifications, changes, or supplementations of
existing zoning provisions as are not shown on said
site plan, shall be subject to review and public hearing
by the Planning Board in the same manner as set forth
in Article 5 - Approval of Site Plans and Certain Uses.
Section 13. 026 Ordinance Notations. On the filing of the plat
in the office of the County Clerk or Register, a copy
shall be filed with the Town Clerk, who shall make
appropriate notations and references thereto in the
Zoning Ordinance and Town Zoning Map.
•
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411
r
ARTICLE 15 •
PLANNED UNIT DEVELOPMENT
(PUD) PROVISIONS
Section 15. 010 Statement of Purposes and Objectives.
Section 15. 011 Purpose. The purpose of the planned unit development
regulations is to encourage flexibility in the design and
development of land in order to promote its most appropriate
use; to facilitate the adequate and economical provisions of
streets and utilities; to preserve the natural and scenic
qualities of open space; and to encourage, in compatibility
with the goals and objectives of the Comprehensive Land Use
Plan, large scale residential developments that are planned,
designed and developed to function as integral units independ-
ent of adjacent building sites.
Section 15. 012 Objectives. In order to realize the purpose of this
Section, a planned unit development (PUD) shall achieve the
following objectives:
a) A maximum choice in housing environment and type, occupancy
tenure (e.g. cooperatives, individual ownership, condominium,
leasing) , lot sizes and common facilities.
b) More usable open space and recreation areas and, if permitted
as part of a project, more convenient locations of accessory
commercial and service uses.
c) A development pattern which preserves outstanding natural
topography and geological features, scenic vistas, trees,
and prevents the disruption of natural drainage patterns.
d) An efficient use of land resulting in small networks of
utilities and streets.
e) A development pattern in harmony with the land use
intensity, transportation facilities, and community
facilities objectives of the Comprehensive Land Use Plan.
Section 15. 020 PUD is a Floating Zone. While the provisions for a PUD
constitute an Article (15) of the Zoning Ordinance, they do not
apply to any specific area until established through a resolution
of the Town Board. Article 15 therefore "floats", separate
from the other provisions in the mainstream of the Ordinance.
PUD are allowed in all zones except LR and SFR districts.
Section 15. 030 General Requirements for Planned Unit Development (PUD) .
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• Section 15. 031 Minimum Project Area. The minimum project area for
a Planned Unit Development District shall be thirty (30)
contiguous acres of land. The Town Board, following referral
to the Planning Board for its report and recommendations, may
consider projects of lesser acreage where the applicant can
demonstrate that the characteristics of his holdings meet the
purpose and objectives of this Section.
Section 15. 032 Project Ownership. The project land may be owned,
leased or controlled either by a single person, or corporation,
or by a group of individuals or corporations. Such ownership
may be a public or private corporation. The approved project
plan shall be binding on the project land and owner (s) .
Section 15. 033 Permitted Uses. All uses within a PUD district shall
be determined by the following provisions:
a) Residential Uses. Residences may be of a variety of types,
including single family dwellings, townhouses and garden
apartments, but shall not exceed three (3) stories or 35
feet in height.
b) Non-residential Uses. Non-residential uses may be permit-
ted where such uses are scaled primarily to serve the
residents of the PUD. Non-residential uses shall be
accessory commercial, accessory services or professional
11 40 office, only. The following proportions are deemed to be
in keeping with the purpose and objective of this Article.
1) There shall be twenty-five (25) dwelling units in
a PUD district before any non-residential uses are
permitted.
2) The maximum floor area for PUD related non-residential
uses shall be no greater than twenty percent (20%) of
the livable floor space of the project.
3) Customary accessory or associated uses such as private
garages, storage spaces, recreational and community
activity centers may be permitted and shall not be
subject to the above stated restrictions for other
non-residential uses.
4) Non-residential buildings shall not exceed fifty (50) ft.
in height except where prior existing buildings, con-
sidered significant according to the Town Plan, are an
integral part of the PUD.
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Section 15. 034 Land Use Intensity Considerations.
a) A PUD is a "floating zone" , as noted in Section 15.020,
substituted for the Zoning Regulations currently
that is s ish-
in effect in the proposed area. Therefore, the establish-
ment of a PUD by the Town Board is equivalent to a re-zoning.
In this respect, the land use intensities of the particular
zone(s) listed in Article 4 of the Zoning Ordinance that
are most like the roposed intensities of the PUD should
be used, except that:
b) The overall intensity of the project cannot exceed the
amount of available development potential of the individual
APA-LUDP Land Use Intensity Zone(s) if the proposed PUD is
located within the Adirondack Park.
Section 15. 035 Common Property in Planned Unit Developments.
a) Common Property. Common property in a PUD is a parcel or
parcels of land, together with the improvements thereon,
the use and enjoyment of which are shared by the owners
and occupants of the individual building sites.
Roads, streets and parking areas shall not be considered
"common property" for the purposes of this Section.
b) Computing amount of Common Property. Common property shall
comprise a minimum of fifteen percent (.15%) of any PUD. 410
Such common property shall be either public or private.
Public open space! when established by the Town Board, may
be substituted for that amount of private open space. In
cases of common property maintained privately, such lands
shall be convenanted, to the satisfaction of the Town Board,
to insure that such areas shall not be utilized for future
building sites, and also to insure that said lands shall
be maintained in a manner specified in the covenant, as
approved by the Town Board. In the computation and deter-
mination of common property areas, lands shall be of such
location and configuration that they shall adequately serve
and be accessible to all building sites within the PUD and
comprise lands that are suitable for open space use. Streets
and parking areas' shall not be included when computing the
amount of common property.
Section 15. 040 Planned Unit Development Application Procedure and
Approval Process.
Section 15. 041 Prior Approval Required. Whenever any PUD is proposed,
before any contact is made for the sale of any part thereof,
before any zoning and building permit shall be granted, and
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• before any subdivision plat may be filed in the office of the
County Clerk, the prospective developer or his authorized agent
shall apply for and secure approval to such planned unit
development in accordance with the following procedures.
Section 15. 042 Pre-Application Review.
a) Preliminary Referral to Town Board and Planning Board.
Prior to the formal filing of an application or the pre-
paration of a preliminary plat, the applicant shall submit
to the Zoning Administrator a sketch plan of the proposed
development, together with a key map and topographic and
development data. The Zoning Administrator shall determine
the sufficiency of the material and if satisfactory, shall
forward it to the Town Board and the Planning Board at
least ten (10) days prior to the regular meeting date of
the Planning Board.
b) Town Board, Planning Board Consultation. The Planning
Board and Town Board shall meet, with or without the
applicant, to discuss the proposed PUD, its relationship
to the Town Plan (s) and, other aspects of the proposal
including proposed public and common open and recreation
space.
c) The Planning Board shall inform the applicant within forty-
110 five (45) days of submission as to whether the sketch plan,
as submitted or as modified, meets the planning objectives
of the Town. If said plans and data do not meet the planning
objectives, the Board shall express its reasons therefor.
d) If the application is for a new PUD and it is generally
acceptable with or without suggested modifications, the
applicant may proceed with a Sketch PUD Plat.
e) If the application is unacceptable, the applicant may
continue to the Sketch PUD Plat, however, it is advised that
the applicant return to the pre-application Review Stage.
Section 15. 043 Preliminary PUD Plat Review. This stage is where the
Town Board officially establishes the PUD as to location and
general content prior to referring it to the Planning Board
to administer the review and approval process.
a) A Preliminary PUD Plat shall be submitted to the Town Clerk
together with application forms and fees as posted on the
"Schedule of Fees, " and together with such other information
specified in the informal pre-application process including,
but not limited to:
• -61-
- Area location maps showing transportation access and
surrounding zones.
- Tax Map or survey showing all adjoining property owners
within 500 feet of the proposed PUD.
- Topographical map with contour intervals of 10 feet,
, including soil information and other natural features
information pertinent to the site.
- Other information deemed necessary by the Town Board
to enable an expeditious review.
b) Public Hearing by Town Board. Within forty-five (45) days
of the receipt of the Preliminary PUD Plat the Town Board
shall conduct a duly advertised public hearing on the
application. In addition to Plat review and comment from
the Town Planning Board and Town Engineer, the Plat shall
be forwarded to the County Planning Board and Health De-
partment, and Department of Environmental Conservation,
if required, for review and comment. The Town Board shall
give due consideration to such reviews in arriving at their
decision.
c) Decision of the Town Board. Within forty-five (45) days
from the date of the public hearing the Town Board shall
take action to approve, with or without modifications, or
disapprove the Sketch PUD Plat.
d) Establishment of the PUD. If approved, or approved with
modifications, and accepted, the area of the PUD Plat shall
be noted on the Zoning Map maintained in the office of the
Town Clerk. Such notation does not qualify a Plat for
recording nor does it authorize development or the issuance
of any building permits.
e) Final PUD Plat Muat be Filed. If the Final PUD Plat or an
agreed upon first stage of development final PUD Plat is
not submitted within six (6) months or within a time limit
extended by mututal consent, the area of the PUD Plat noted
on the Zoning Map may be withdrawn on resolution of the
Town Board and the area revert back to the prior zoning
district or districts.
f) Requirements. If approval, with or without modification,
is granted, the Town Board shall, as part of the resolution
of approval, specify the drawings, specificationdfrms
of performance bonds that shall accompany an application
for final approval. All such material shall be generally
according to the Subdivision Regulations Final Plat.
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• Section 15. 044 Final PUD Plat.
a) An application for final approval may be for the entire
area of the proposed PUD or an agreed upon section of
first-stage development. Said application shall be made
to the Planning Board by filing with the Town Clerk and
with copies to the Town Board and the Warren County
Planning Board within 60 days after approval, with or
without modifications, of the Preliminary PUD Plat or
within the time limit established by mutual consent.
The application shall include such drawings, specifications,
convenants, easements, conditions and form of performance
bond as were set forth by the Town Board at the time pre-
liminary approval was granted.
b) Within 45 days of the submission of the final PUD Plat the
Planning Board shall conduct a public hearing. Notice of
the public hearing shall be advertised at least once in a
newspaper of general circulation in the Town at least five
(5) days before it is held. Within 45 days of the public
hearing the Planning Board, giving due consideration to the
reviews by the Town Board and the County Planning Board,
shall approve the final plat if it is in substantial agree-
ment with the approved prelimianry plat; or conditionally
approve, with or without modifications, or disapprove; or if
it is in agreement with an approved Town Estab-
lished PUD according to Sections 15. 042, 15.043 and 15. 044
hereof.
c) If the final PUD Plat is given conditional approval by the
Town Board, the applicant is not entitled to file the Plat
with the County Clerk, but shall have 180 days to meet the
conditions, and the Planning Board may extend this time
for up to 180 additional days. Failure to comply with
these time limits or the disapproval of the final PUD Plat
shall result in the area of the PUD Plat noted on the
Zoning Map withdrawn on resolution of the Town Board and
the area revert back to the prior zoning district or districts.
d) After compliance with all requirements and after approval
of the final PUD Plat by official action of the Town Board,
the applicant shall, within 30 days of such official action,
file the approved plat with the County Clerk; otherwise such
final approval shall expire as provided by Town Law.
e) Unless building permits have been issued within one calendar
year following the date of filing of an approved final PUD
Plat with the County Clerk, such approval shall be revoked
and the area so noted on the Zoning Map shall revert back
to the prior zoning district or districts.
• -63-
Section 15. 050 Preliminary and Final Plat Approvals Standards. •
Preliminary and Final Plat Approvals, in addition to meeting
the requirements of this Section shall also satisfy the Town
Subdivision Regulations, including the installation of streets
and utilities.
Section 15. 060 Project Staging. If the applicant wishes, or is
required as a condition of zoning approval, to stage project
development and has so indicated as per regulations of this
local law, then he mayor shall submit only those stages he
wishes to develop for site approval in accordance with his
staging plan. Upon installation of improvements in each
stage, the effected portion(s) of the plan shall be deemed
as finally approved. Any plan requiring more than twenty-
four (24) months to complete shall be required to be staged;
and a staging plan must be developed.
At no point in the development of a PUD shall the ratio of
a non-residential to residential acreage or the dwelling unit
ratios between the several different housing types for that
portion of the PUD completed and/or under construction differ
from that of the PUD as a whole by more than fifty percent (50%) .
Section 15. 070 Other Regulations Applicable to Planned Unit Developments.
a) Zoning Variances. For purpose of regulating development
and the use of property after initial construction and
occupancy, any changes shall be processed as a variance
request. Properties lying in Planned Unit Development
Districts are unique and shall be so considered by the
Zoning Board of Appeals and for the Planning Board when
evaluating variance requests. The maintenance of the
intent and functic}n of the planned unit development shall
be of primary concern.
b) Non-Dedicated Comtton Facilities. Streets, roads, alleys,
walkways and parking areas not intended for dedication by
the applicant shall meet the following conditions:
- State and local officials must approve the design and
construction as per safety, environmental impacts and
visual impacts
- The applicant must provide the Town with covenants
certifying that the ownership and maintenance of all
such common facilities shall be the responsibility of
the applicant or an authorized representative such as
a Homeowners' Association.
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•
• ARTICLE 16
• REPEALER
•
Section 16. 010 Repeal of Prior Zoning Ordinance
The Ordinance entitled "Zoning Ordinance of the Town of
• Queensbury" adopted in July 1967, together with all changes
and ammendments thereto, is hereby repealed and declared to
be of no effect.
•
ARTICLE 17
•
SEVERABILITY
•
•
. Section 17 . 010 Severability.
Should any Section or provision of this Ordinance be declared
by the Courts to be unconstitutional or invalid, such decision
•
• . shall not effect the validity of this Ordinance as a whole, or
any part thereof, other than the part so decided to be uncon-
stitutional or invalid.
•
ARTICLE 18
Ek ECTIVE DATE
Section 18 . 010 Effective Date.
This Ordinance shall take effect ten (10) days after its
publication, in summary form only in the Post-Star, an
newspaper published in Glens Falls, New York in Warren
County and having general circulation in the Town.
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APPENDIX A
CLASS A REGIONAL PROJECTS
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• APPENDIX A
CLASS A REGIONAL PROJECTS
(Comment on Appendix A) This appendix lists Class A regional
projects for review by the Adirondack Park Agency under Section
6. 070 of the Adirondack Park Agency Act. This list does not
include, however, the various types of subdivisions classified
as Class A regional projects by the Act - those subdivisions
are reviewed as "Class A Regional Subdivisions" under the
Town Subdivision Regulations.
a. HAMLET AREAS
1. All land uses and development, except subdivisions of
land, involving wetlands.
2. All land uses and development, except subdivisions of
land, invloving one hundred or more residential units,
whether designed for permanent, seasonal or transient
use.
3. All structures in excess of forty feet in height,
except residential radio and television antennas,
• and agricultural use structures.
4. Commercial or private airports.
5. Watershed management and flood control projects.
6. Any material increase or expansion of an existing land
use or structure included on this list that is twenty-
five percent or more of the orginal size of such exist-
ing use of twenty-five percent or more of the orginal
square footage of such structure.
b. MODERATE INTENSITY USE AREA
1. All land uses and development, except subdivision of
land, located in the following critical environmental
areas:
A. within one-quarter mile of rivers navigable by
boat designated to be studied as wild, scenic
or recreational inaccordance with the Environmental
Conservation Law during the period of such designation;
B. involving wetlands;
C. at elevations of twenty-five hundred feet or more;
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D. within one-eighth mile of tracts of forest preserve
land or water now or hereafter classified as wilder-
ness, primitive or canoe in the master plan for
management of State lands, except for an individual
single family dwelling and accessory uses or structures
thereto. Provided however, that the above shall not
include forestry uses (other than clear-cutting as
specified in number eight below) , agricultural uses,
open space recreation uses, public utility uses,
and accessory uses or structures (other than signs)
to any such use or to any pre-existing use.
2. All land uses and development, except subdivisions of
land, involving seventy-five or more residential units,
whether designed for permanent, seasonal or transient
use.
3. Commercial or agricultural service uses involving ten
thousand or more square feet of floor space.
4. All structures in excess of forty feet in height,
except residential radio and television antennas,
and agricultural use structures.
5. Tourist Attractions.
6. Ski Centers. •
7. Commercial or private airports.
8. Timber harvesting that includes a proposed clear-
cutting of any single unit of land of more than
twenty-five acres.
9. Sawmills, chipping mills, pallet mills and similar
wood using facilities.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13. Sewage treatment plants.
14. Major public utility uses.
15. Industrial uses.
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• 16. Any material increase or expansion of an existing land
use or structure included on this list that is twenty-
five percent or more of the original size of such
existing use or twenty-five percent or more of the
orginal square footage of such structure.
c. LOW INTENSITY USE AREAS
1. All land uses and development, except subdivisions of
land, located in the following critical environmental
areas:
A. within one-quarter mile of rivers navigable by
boat designated to be studied as wild, scenic
or recreational in accordance with the Environ-
mental Conservation Law during the period of
such designation;
B. involving wetlands;
C. at elevations of twenty-five hundred feet or more;
D. within one-eighth mile of tracts of forest preserve
land now or hereafter classified as wilderness,
primitive or canoe in the master plan for manage-
ment of State lands, except for an individual single
• family dwelling and accessory uses or structures
thereto. Provided, however, that the above shall
not include forestry uses (other than clear-cutting
as specified in number eight below) , agriculture
uses, open space recreation uses, public utility
uses, and accessory or structures (other than signs)
to any such use or to any preexisting use.
2. All land uses and development, except subdivisions of
land, involving thirty-five or more residential units,
whether designed for permanent, seasonal or transient
use.
3. Commercial or agricultural service uses involving five
thousand or more square feet of floor space.
4. All structures in excess of forty feet in height,
except residential radio and television antennas,
and agricultural use structures.
5. Tourist attractions.
6. Ski centers.
7. Commercial or private airports.
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8. Timber harvesting that includes a proposed clear- •
cutting or any single unit of land of more than
twenty-five acres. •
9. Sawmills, chipping mills, pallet mills and similar
wood using facilities.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13. Sewage treatment plants.
14. Waste Disposal areas.
15. Junkyards.
16. Major public utility uses.
17. Industrial uses.
18. Any material increase or expansion of an existing land
use or structure included on this list that is twenty-
five percent Or more of the original size of such exist-
ing use or twenty-five percent or more of the original
square footage of such structure.
d. RURAL USE AREAS
1. All land uses and development, except subdivisions of
land, located in the following critical environmental
areas:
A. within one-quarter mile of rivers navigable by
boat designated to be studies as wild, scenic
or recreational in accordance with the Environ-
mental Conservation Law during the period of
such designation;
B. involving wetlands;
C. at elevations of twenty-five hundred feet or more;
D. within one-eighth mile of tracts of forest preserve
land or water now or hereafter classified as wilder-
ness, primitive or canoe in the master plan for
management of state lands, except for an individual
single family dwelling and accessory uses or
structures thereto;
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• E. within one hundred fifty feet of the edge of the
right-of-way of federal or state highways, except
for an individual single family dwelling and
accessory uses or structures thereto;
F. within one hundred fifty feet of the edge of the
right-of-way of county highways designated by
rule or regulation of the Agency adopted pursuant
to subdivision fourteen of section 809 of the
Adirondack Park Agency Act, as major travel
corridors by the Agency, except for an individual
single family dwelling and accessory uses or
structures thereto.
Provided, however, that the above shall not include
forestry uses (other than clear-cutting as specified
in number nine below and sand and gravel pits
associated with such uses located within one hundred
fifty feet of the edge of the right-of-way of the
above described travel corridors) , agricultural uses
(other than sand and gravel pits associated with such
uses located within one hundred fifty feet of the edge
of the right-of-way of the above described travel
corridors) , open space recreation uses, and accessory
uses or structures (other than signs) to any such
uses or to any preexising use.
• 2. All land uses and development, except subdivisions
of land, involving twenty or more residential units,
whether designed for permanent, seasonal or transient
use.
3 . Commercial and agricultural service uses involving
twenty-five hundred or more square feet of floor space.
4 . All structures in excess of forty feet in height,
except residential radio and television antennas,
and agricultural use structures.
5. Tourist attractions.
6. Ski centers.
7 . Commercial seaplane bases.
8 . Commercial or private airports.
9. Timber harvesting that includes a proposed clear-
cutting of any single unit of land of more than
twenty-five acres.
10. Sawmills, chipping mills, pallet mills and similar
wood using facilities.
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11. Mineral extractions. •
12. Mineral extraction structures.
13. Watershed management and flood control projects.
14 . Sewage treatment plants.
15. Waste disposal area.
16. Junkyards.
17 . Major public utility uses.
18. Industrial use.
19. Any material increase or expansion of an existing land
use or structure included on this list that is twenty-
five percent Or more of the orginal size of such exist-
ing use or twenty-five percent of the orginal square
footage of such structure.
e. RESOURCE MANAGEMENT AREAS
1. All land uses and development, except subdivisions of
land, located in the following critical enviromental
areas: •
A. within one-quarter mile of rivers navigable by
boat designated to be studied as wild, scenic
or recreational in accordance with the Environ-
mental Conservation Law during the period of such
designation;
B. involving wetlands;
C. at elevations of twenty-five hundred feet or more;
D. within one-eighth mile of tracts of forest preserve
land or water now or hereafter classified as wilder-
ness, primitive or canoe in the master plan for
management of state lands, except for an individual
single family dwelling and accessory uses or
structures thereto;
E. within three hundred feet of the edge of the right-
of-way of federal or state highways, except for an
individual single family dwelling and accessory
uses or structures thereto;
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• F. within three hundred feet of the edge of the right-
of-way of county highways designated as major travel
corridors by rule or regulation of the Agency
adopted pursuant to subdivivision 14 of section
809 of the Adirondack Park Agency Act, except
for an individual single family dwelling and accessory
uses or structures thereto. Provided, however,
that the above shall not include forestry uses
(other than clear-cutting as specified in number
nine below and sand and gravel pits associated with
such uses located within three hundred feet of
the edge of the right-of-way of the above described
travel corridors) agricultural uses (other than
sand and gravel pits associated with such uses
located within three hundred feet of the edge of
the right-of-way of the above described travel
corridors) , open space recreational uses, public
utility uses, and accessory uses or structures
(other than signs) to any such uses or to any
preexisting use.
2. Campgrounds involving fifty or more sites.
3 . Group :Camps.
4 . Ski centers and related tourist accommodations.
• 5. Agricultural service uses.
6. All structures in excess of forty feet in height,
except residential radio and television antennas, and
agricultural use structures.
7 . Sawmills,Chipping mills and pallet mills and similar
wood using facilties.
8 . Commercial sand and gravel extractions.
9. Timber harvesting that includes a proposed clear-
cutting of any single unit of land of more than
twenty-five acres.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13 . Sewage treatment plants.
14. Major public utility uses.
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15. Any material increase or expansion of an existing land
use or structure included on this list that is twenty- •
five percent or more of the orginal size of such
exiting use or twenty-five percent or more of the
original square footage of such structure.
f. INDUSTRIAL USE AREA
1. Mineral extractions.
2. Mineral extraction structures.
3. Commercial sand and gravel extractions.
4. Major public utility uses.
5. Sewage treatment plants.
6. Waste disposal area.
7. Junkyards.
8. Any material increase or expansion of an existing land
use or structure included on this list that is twenty-
five percent or more of the original size of such
existing use or twenty-five percent or more of the
orginal square footage of such structure. •
g. Any amendment to the Class regional project list in
section 810 (1) of the Adirondack Park Agency Act
subsequent to the adoption of this Ordinance shall
be deemed to effect a corresponding change in this
Appendix A without action by the Town, except so
far as that amendment affects the delineation of
subdivisions which are Class A regional projects.
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•
APPENDIX B
CLASS B REGIONAL PROJECTS
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• APPENDIX B
CLASS B REGIONAL PROJECTS
A. MODERATE INTENSITY USE AREA
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Commercial or agricultural service uses involving less than
ten thousand (10, 000) square feet of floor space.
6. Tourist accommodations.
7. Marinas, boatyards and boat launching sites.
8 . Golf courses.
• 9. Campgrounds.
10. Group Camps.
11. Commercial Seaplane bases.
12. Commercial sand and gravel extractions.
13. Land use or development, except subdivisions of land,
involving the clustering of buildings on land having
shoreline on the basis of a specified number of principal
buildings per linear mile or proportionate fraction thereof,
as provided for in the shoreline restrictions.
14. Any land use or development not now or hereafter included
in the applicable primary or secondary compatible lists of
the APA Act.
15. An individual single family dwelling within one-eighth mile
of tracts of forest preserve land or water now or hereafter
classified as wilderness, primitive or canoe in the master
plan for management of state lands.
16. All land uses and development, except subdivisions of land,
within one-quarter mile of rivers designated to be studied
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as wild, scenic or recreational in accordance with the •
Environmental Conservation Law, other than those navigable
by boat,ddtring the period of such designation.
17. Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent
or more of the orginal size of such existing use or twenty-
five percent or more of the original square footage of such
structure.
B. LOW INTENSITY USE AREAS
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Commercial or agricultural service uses involving less than
five thousand square feet of floor space.
6. Tourist accommodations.
7. Marinas, boatyards and boat launching sites.
8. Golf courses.
9. Campgrounds.
10. Group camps.
11. Commercial seaplane bases.
12. Commercial sand and gravel extractions.
13. Land use or development, except subdivision of land, involving
the clustering of buildings on land having shoreline on the
basis of a specified number of principal buildings per linear
mile or proportionate fraction thereof, as provided for in
the shoreline restrictions.
14. Any land use or development not now or hereafter included in
the applicable primary or secondary compatible use lists of
the APA Act.
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• 15. An individual single family dwelling within one-eighth mile
of tracts of forest preserve land or water now or hereafter
classified as wilderness, primitive or canoe in the master
plan for management of state lands.
16. All land uses and development, except subdivisions of land,
within one-quarter mile or rivers designated to be studied
as wild, scenic or recreational in accordance with the
Environmental Conservation Law, other than those navigable
by boat, during the period of such designation.
17. Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent
or more of the orginal size of such existing use or twenty-
five percent or more of the orginal square footage of such
structure.
C. RURAL USE AREAS
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
• 5. Marinas, boatyards and boat launching sites.
6. Golf courses.
7. Campgrounds.
8. Group Camps.
9. Commercial sand and gravel extractions.
10. Land use or development, except subdivisions of land, involving
the clustering of buildings on land having shoreline on the
basis of a specified number of principal buildings per linear
mile or proportionate fraction thereof, as provided for in the
shoreline restrictions.
11. All land uses and development, except subdivisions of land,
within one-quarter mile of rivers designated to be studied
as wild, scenic or recreational in accordance with the
Environmental Conservation Law, other than those navigable
by boat, during the period of such designation.
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12. Any land use or development now or hereafter included in the
applicable primary or secondary compatible use lists of the
APA Act.
13. Commercial and agricultural service uses involving less than
twenty-five hundred square feet.
14. An individual single family dwelling within one-eighth mile
of tracts of forest preserve land or water described in
paragraph (d) , subparagraph (1) of Appendix A or within one
hundred fifty feet of a travel corridor described in such
paragraph.
15. Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent
or more of the orginal size of such existing use or twenty-
five percent or more of the orginal square footage of such
structure.
D. RESOURCE MANAGEMENT AREAS
1. Single family dwellings.
2. Individual mobile homes.
3. Forestry use structures.
4. Hunting and fishing cabins and hunting and fishing and other •
private club structures involving five hundred or more square
feet of floor space.
5. Land use or development, except subdivision of land, involving
the clustering of buildings on land having shoreline on the
basis of a specified number of principal buildings per linear
mile or proportionate fraction thereof, as provided in the
shoreline restrictions.
6. Any land use or development now or hereafter included in the
applicable primary or secondary compatible use lists of the
APA Act.
7 . Municipal roads.
8. Golf courses.
9. An individual single family dwelling within one-eighth mile
of tracts of forest preserve land or waters described in
paragraph (e) , subparagraph (1) of Appendix A or within
three hundred feet of a travel corridor described in such
paragraph.
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• 10. Campgrounds involving fewer than fifty sites.
11. All land uses and development, except subdivision of land,
within one-quarter mile of rivers designated to be studied
as wild, scenic and recreational in accordance with the
Environmental Conservation Law, other than those navigable
by boat, during the period of such designation.
12. Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent
or more of the original size of such existing use or twenty-
five percent or more of the original square footage of such
structure.
E. INDUSTRIAL USE AREAS
1. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
2. Industrial uses.
3. Commercial uses.
4. Agricultural service uses.
5. Public and semi-public buildings.
•
6. Municipal roads.
7. Any land use or development now or hereafter included in
the applicable primary or secondary compatible use lists
of the APA Act.
8. Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent
or more of the original size of such existing use or twenty-
five percent or more of the orginal square footage of such
structure.
F. Any amendment to the Class B Regional Project list in section
810 (2) of the Adirondack Park Agency Act subsequent to the
adoption of this (ordinance) (local law) shall be deemed to
effect a corresponding change in this Appendix B without action
by the (Town) (village) , except so far as that amendment affects
the delineation of subdivisions which are Class B Regional
Projects.
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APPENDIX C
REGIONAL PROJECT REVIEW CRITERIA
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• APPENDIX C
REGIONAL PROJECT REVIEW CRITERIA
1. SOILS
A. Soils, General
OBJECTIVE: Prevent accelerated soil erosion and the
potential for earth slippage.
GENERAL GUIDELINE: Respect existing natural features such
as slope, soil texture and structure; minimize removal of
vegetative cover; rapidly revegetate cleared areas; limit
cuts and fills; and employ such erosion control devices
and measures as are necessary to promptly stabilize slopes
and surfaces and to control runoff.
B. Agricultural Soils
OBJECTIVE: Conserve viable agriculture soils.
GENERAL GUIDELINE: Avoid activities on Class I and Class II
• agricultural soils and presently in agricultural service
which would diminish or preclude continuing use thereof
for agricultural purposes.
2. TOPOGRAPHY
OBJECTIVE: Minimize topographic alterations.
GENERAL GUIDELINE: Minimize excavation, cuts and fills and site
grading by employing to advantage existing topographic features;
and avoid development activities on steep slopes where environ-
mental damage and costly development problems could result
therefrom.
3. SURFACE WATERS
A. Water Quality and Eutrophication
OBJECTIVE: Maintain or enhance existing physical, chemical
and biological water quality characteristics and prevent
any undue acceleration of existing rates of eutrophication
of bodies of water.
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GENERAL GUIDELINE: Maintain wide buffer strips of natural •
vegetation bordering water bodies; minimize channel disturbance
and alterations; preserve shoreline vegetation; minimize
hydrologic changes which would result from damming or im-
pounding; avoid introduction of nutrients from the use of
fertilizers and from sewage effluent; and avoid introduction
of toxic materials to water bodies.
B. Surface Drainage
OBJECTIVE: Retain existing surface water drainage and runoff
patterns and existing flow characteristics.
GENERAL GUIDELINE: Minimize alterations to existing drainage
patterns and drainage courses; preserve drainageways in
their natural state; and provide, where necessary, natural
ponding areas and other measures designed to provide natural
retention of storm water runoff if development includes a
significant area of impervious surface.
C. Flood Plains
OBJECTIVE: Maintain the storage capacity of flood plains
and their existing ability to convey water downstream; and
avoid activities in flood plains which will result in dangers
to life, safety and property if subjected to flooding.
GENERAL GUIDELINE: Avoid the placement of buildings intended
for human habitation, commercial use and industrial use within
flood plains; avoid the use of fill to create elevated sites;
and within any flood hazard special zoning district and any
flood hazard fringe special zoning district conform all
development plans to the flood plain regulations contained in
Article 7 hereof.
4. GROUND WATER
OBJECTIVE: Preserve quality, infiltration rate, and levels of
ground water.
GENERAL GUIDELINE: Comply at a minimum with applicable governmental
water pollutant discharge restrictions; particularly avoid dis-
charge of effluent potentially degrading to ground water quality
in proximity to major aquifers and aquifer recharge areas; and
avoid impairment of aquifer recharge areas which could result
from covering them with impervious surfaces.
5. SHORELINES
OBJECTIVE: Maintain or enhance the existing physical biological
411 C-2
and aesthetic characteristics of the shoreline of all lakes,
ponds, rivers and streams.
GENERAL GUIDELINE: Comply at a minimum with applicable govern-
mental shoreline restrictions, minimize construction or develop-
ment of any kind near or on the shorelines; avoid physical
modifications of the shorelines themselves; minimize the
removal of vegetation along shorelines; locate buildings so as
to be partially screened from the shorelines by natural
vegetation; maximize the preservation of stretches of shore-
line in a natural, unchanged and undeveloped state.
6. MINERAL RESOURCES
OBJECTIVE: Conserve existing known mineral resources.
GENERAL GUIDELINE: Avoid activities which would preclude present
or future use of important mineral resources that may be of
economic significance to the region.
7. AIR QUALITY
OBJECTIVE: Maintain or enhance existing air quality.
GENERAL GUIDELINE: Adhere to applicable governmental air quality
standards; provide adequate air pollution abatement devices;
and reduce dust levels caused by construction activities.
8. NOISE LEVELS
OBJECTIVE: Limit additions to noise levels.
GENERAL GUIDELINE: Adhere at a minimum to applicable governmental
noise level standards; utilize noise abatement equipment; and
maintain natural buffers such as existing topographic relief and
vegetation.
9. WETLANDS
OBJECTIVE: Preserve the hydrologic, wildlife, vegetational,
aesthetic, educational, open space and recreational values of
wetlands.
GENERAL GUIDELINE: Avoid development in marshes, bogs, swamps
and periodically inundated lands or on lands immedi tely adjacent
thereto, if such development could result in enviroental damage
to the marsh, bog, swamp or periodically inundated land.
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10. AQUATIC COMMUNITIES
OBJECTIVE: Protect generally the existing natural aquatic plant
and animal communities and preserve rare and endangered aquatic
plant and animal speciea.
GENERAL GUIDELINE: Preserve key spawning areas, nursery grounds,
food sources and food source areas; preserve habitats of rare
and endangered plant and animal species; maintain adjacent
vegetated areas generally as habitats and buffer zones; minimize
shoreline alterations such as beach construction and emplacement
of docks, rafts, boat launching facilities, and breakwaters; and
avoid introduction of toxic materials and nutrients to water
bodies.
11. TERRESTRIAL VEGETATION
A. Vegetation, General
OBJECTIVE: Preserve or quickly restore terrestrial vegetation.
GENERAL GUIDELINE: Minimize clearing of vegetation in light
of development objectives; avoid clearing vegetation where
damage will result to remaining vegetation from such factors
as wind, erosion and frost; and protect remaining vegetation
during the construction period.
B. Rare and Endangered Terrestrial Plant Species
OBJECTIVE: Preserve rare and endangered terrestrial plant
species.
GENERAL GUIDELINE: Locate development and other intensive
human activities so as to protect the location and habitats
of rare and endangered plant species and allow for the con-
tinuing propagation of these species.
C. Productive Commercial Forest Land
OBJECTIVE: Conserve productive forest lands
GENERAL GUIDELINE: Avoid impairment of productive forest
lands for commercial forest production by employing sound
forestry practices and by employing such planning techniques
as clpstering of development.
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S12. FRAGILE ECOSYSTEMS AT HIGHER ELEVATIONS
OBJECTIVE: Minimize disturbance of fragile ecosystems at higher
elevations.
GENERAL GUIDELINE: Avoid development at elevations of 2500 feet
or more.
13. TERRESTRIAL WILDLIFE
A. Terrestrial Wildlife, General
OBJECTIVE: Maximize the preservation of terrestrial wildlffe
species.
GENERAL GUIDELINE: Preserve key wildlife habitats, such as
deer wintering yards, nesting areas, productive feeding areas,
and important vegetation transition areas; and maintain wild-
life diversity to the extent possible in view of project
objectives by maintaining a diversity of habitat.
B. Rare and Endangered Terrestrial Wildfife Species
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OBJECTIVE: Preserve rare and endangered terrestrial wildlife
species.
GENERAL GUIDELINES: Locate development and other intensive
human activities so as to protect the location and habitats
of rare and endangered terrestrial wildlife species and
allow for the continuing propagation of these species.
14. AESTHETICS
A. Aesthetics, General
OBJECTIVE: Preserve and enhance, where possible,impact of
the project upon the existing aesthetic qualities of the
project site and its environs.
GENERAL GUIDELINES: Utilize existing vegetation and topo-
graphical features, and employ careful siting methods so as
to minimize the visual impact of all development activities.
B. Scenic Vistas
OBJECTIVE: Maintain the scenic qualities of views from
vistas designated in the Adirondack Park State Land Master
Plan.
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GENERAL GUIDELINE: Avoid visibility of buildings and other
development and land use alterations generally from vistas
by employment of vegetative screening, existing topography,
and careful siting methods.
C. Travel Corridors
OBJECTIVE: Preserve the scenic qualities of views from public
roads and trails and from boat and canoe routes.
GENERAL GUIDELINE: Eknploy vegetative* screening, existing
topography, and careful siting methods to minimize the visual
impact of buildings and other development and land use
alterations.
15. OPEN SPACE
A. Open Space, General
OBJECTIVE: Maintain the open space character of the project
site, adjacent land, and surrounding areas.
GENERAL GUIDELINE: Preserve vegetative screening and existing
topography and employ clustering and careful siting methods
where appropriate to minimize the impact of development
activities and land use alternations on open space; and
preserve undeveloped areas as large as possible in view of
project objectives.
B. Outdoor Recreation
OBJECTIVE: Maintain the quality and availability of land for
outdoor and open space recreational purposes.
GENERAL GUIDELINE: Provide on the project site sufficient
open space areas for outdoor recreational use by those persons
who will use the proposed project, taking into account the
existing recreational resources available in the area; and
locate buildings and other development so as not to inter-
fere with those areas to be used as hiking, bicycling, and
cross-country skiing trails as well as trail-bike, jeep,
all-terrain vehicle and horse trails, playgrounds, picnic
areas, campgrounds, parks, beaches, and similar uses.
16. ADJOINING AND NEARBY LAND USES
A. Surrounding Land Uses, General
OBJECTIVE: Minimize incompatibility of new development with
the character of adjoining and nearby land area.
C-6
III GENERAL GUIDELINE: Take into account the existing and potential
land uses in the vicinity of the project site in determining
what new land use activities are suitable for the project site;
avoid new intensive development in open space areas; and avoid
substantially altering existing residential and other land use
patterns.
B. Adjacent State Land
OBJECTIVE: Preserve the wild and natural character of adjacent
state lands designated as wilderness, primitive, or canoe by
the Adirondack Park State Land Master Plan.
GENERAL GUIDELINE: Minimize development activities which would
materially impair the wilderness attributes of these State
lands; design and construct development that is located within
one-eighth mile of these State lands so as to minimize its
visual and aural impact in these wilderness-like areas, thereby
insuring the continued compatibility of State and private
types of ownership.
17. WILD, SCENIC AND RECREATIONAL STUDY RIVERS
OBJECTIVE: Protect or enhance the natural qualities of any river
designated to be studied for possible inclusion in the State' s
wild, scenic or recreational river system.
GENERAL GUIDELINE: Maintain buffer zones and existing vegetation
along designated study rivers; avoid intensive development within
one-quarter mile of such rivers; minimize alterations to such
rivers and their banks; and preserve the free-flowing character
of such rivers.
18. HISTORIC SITES
OBJECTIVE: Protect archaeological sites, historic sites, and
unique historical structures for their educational and cultural
value to the area, region or state.
GENERAL GUIDELINE: Preserve and restore archaeological sites,
historic sites, and unique historic structures to the extent
warranted by their respective significance; avoid land uses
and development on adjoining and nearby lands which would be
incompatible with the significance of such sites and structures.
19. SPECIAL INTEREST AREAS
OBJECTIVE: Preserve special interest areas such as unique natural
features and their surrounding environs.
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GENERAL GUIDELINE: Avoid physical and aesthetic alteration and
impairment of the natural condition of unique physical features
such as gorges, waterfalls and interesting geological formations;
provide for their continuing protection; utilize these special
interest areas as assets to development.
20. GOVERNMENT CONSIDERATIONS
A. Service and Finance
OBJECTIVE: Fully explore and assure the ability of govern-
ment to provide governmental services and facilities made
necessary by the project.
GENERAL GUIDELINE: Phase development activities to a level
commensurate with the financial capability of the various
levels of government to provide the governmental services
and facilities that will be generated by the development,
such as transportation systems, schools, health care,
sewage and solid waste disposal systems, water supply
systems, and fire and police protection; require that as
nearly as possible, the balance between the cost of public
services required to adequately serve the development as
compared with the anticipated tax and other revenues to
be generated by the development be favorable at each level
of government or taxing jurisdiction affected by the project;
and include in development plans provisions to maintain or
improve existing services and alleviate any potential
adverse impact upon the ability of the government to provide
services and facilities.
B. Regulation
OBJECTIVE: Conform development activities to all applicable
governmental rules and regulations.
GENERAL GUIDELINE: Comply with all applicable ordinances,
rules and regulations of all governmental agencies with
responsibilities for such activities, including those of
towns and villages, counties, and State Department of Health
and Environmental Conservation, and the Adirondack Park
Agency.
21. PUBLIC UTILITIES AND COMMUNITY RESOURCES
OBJECTIVE: Assure the adequacy of such public utility services
and community resources as shall be necessary for the project.
GENERAL GUIDELINE: Avoid excessive demands on the capabilities
of public utilities such as electricity and communication services;
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and avoid necessity for major uncompensated increases in community
services and activities such as recreational facilities, social,
cultural and health services, and transportation facilities.
The principal development activities associated with a project
to be considered in connection with the determination required
by Section 5. 060 through 5. 071 and referred to in Section 6. 020
hereof, together with representative means for avoiding undue
adverse impact include the following:
1. STREET AND ROADS
OBJECTIVE: Design and construct roads and streets to provide
safe and convenient access without causing undue adverse
impacts on natural and public resources.
GENERAL GUIDELINE: Conform street and road alignments with
existing topography and vegetation; avoid steep slopes,
abrupt curves and excessive cuts and fills; provide adequate
road surfacing and road bed drainage; preserve existing
drainage patterns; and design streets and roads so as to
minimize the impacts of construction and maintenance practices.
2. SITING AND CONSTRUCTION OF BUILDINGS
OBJECTIVE: Design, site and construct buildings to best serve
their intended functions and tominimize impact on existing
natural and public resources.
GENERAL GUIDELINE: Blend buildings with existing topography
and their surrounding environs; avoid steep slopes; minimize
grade alterations; and avoid complex costly engineering
solutions of site problems with potentially excessive
environmental impacts.
3. SEWAGE DISPOSAL
OBJECTIVE: Select, design and locate sewage disposal systems
to provide adequate treatment of effluent and to avoid con-
tamination of surface or ground water.
GENERAL GUIDELINE: Comply with all State and local health
standards, adhere at a minimum to the Adirondack Park Agency
Act' s setback requirements for water bodies; employ proven
design criteria for sewage disposal systems in proper working
order.
4. STORM DRAINAGE
OBJECTIVE: Design, locate and construct storm drainage systems
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so as to maintain existing drainage patterns in a natural
state and to minimize adverse hydrologic effects.
GENERAL GUIDELINE: Provide adequate drainage for building
sites and roads; avoid altering drainage patterns to the
extent possible; utilize natural drainageways for handling
storm water runoff and preserve all natural surface water
retention areas such as wetlands, bogs and marshes; and
minimize runoff by such other methods as preserving vegetative
cover and avoiding the creation of unnecessary or extensive
impervous surfaces.
5. WATER SUPPLY
OBJECTIVE: Locate, design and construct water supply systems
so as to provide an adequate supply of potable water without
adversely affecting existing water usage patterns or creating
adverse effects with regard to aquifers and sub-surface drainage.
GENERAL GUIDELINE: Comply with all State and local health
standards with regard to the design, location, construction
and maintenance of water supply systems.
6. SOLID WASTE DISPOSAL
OBJECTIVE: Provide for the storage, collection, transportation
and disposal of solid waste in a manner which will minimize
air, water, and visual pollution and in a manner which will
not create hazards to the health and welfare of people or
wildlife.
GENERAL GUIDELINE: Comply with all applicable State and local
standards for the disposal of solid waste; utilize community
solid waste disposal areas and recycling facilities; adequately
screen disposal areas; locate disposal areas on deep, moderately
permeable, well-drained soils and at sufficient distances from
water bodies so as to prevent contamination thereof; and avoid
locating disposal areas on steep slopes.
7. PESTICIDES AND HERBICIDES
OBJECTIVE: Avoid all use of pesticides, herbicides and other
biocides potentially detrimental to natural systems.
GENERAL GUIDELINE: Strictly adhere to applicable regulations
regarding type, quantity and techniques of application of
pesticides, herbicides and other biocides; and prevent direct
application of pesticides, herbicides and other biocides to
surface waters or wetlands or in a manner which may cause
contamination thereto.
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8. SHORELINE DEVELOPMENT
1 III OBJECTIVE: Design and construct development along shorelines
so as to maintain existing aesthetic and ecological character-
istics thereof and to avoid all significant impairment of
these qualities.
GENERAL GUIDELINE: Adhere at a minimum to the shoreline
restrictions of the Adirondack Park Agency Act and the pro-
visions of the Environmental Conservation Law and all local
laws; maximize preservation of undeveloped shorelines by such
methods as clustering and preservation of shoreline vegetation;
minimize construction of docks and boathouses on shorelines;
minimize aesthetic alterations to shorelines as viewed from
water bodies and surrounding areas.
9. NOISE
OBJECTIVE: Minimize noise insofar as practicable.
GENERAL GUIDELINE: Employ such measures as appropriate site
selection, appropriate construction methods and maintenance
of natural cover for a buffering effect; adhere at a minimum
to applicable governmental noise level standards.
10. SIGNS
OBJECTIVE: Avoid signage that detracts from aesthetic and
scenic qualities.
GENERAL GUIDELINE: Limit signs to the extent necessary to
adequately inform viewers concerning the activities to which
they relate; utilize signs which are appropriate to the
character of the area in which they are located; avoid use
of signs of excessive size, of signs that are insufficiently
set back from natural and man-made travel corridors, and of
signs containing moving parts or flashing lights.
11. UTILITIES
OBJECTIVE: Locate, design, construct and maintain utilities
so as to efficiently accomplish project objectives and preserve
natural and public resources.
GENERAL GUIDELINE: Locate utilities underground if feasible
and in such a way that alignments are compatible with existing
topography and vegetation; minimize visual impacts on surround-
ing areas by maintaining and preserving as much vegetative
cover as possible and utilizing existing topography; and
minimize maintenance practices such as herbicide spraying which
could have adverse environmental impacts on terrestrial and
aquatic eco-systems.
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