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1982 a 0111k f 0 —1 0 O 2 TOWN OF QUEENSBURY ZONING ORDINANCE 0 I-- N I W Zoning Ordinance Adopted May 25, 1982 Effective Date: June 11 , 1982 _1 W 0 O Q 0 • O S 0 q to W 0 W ' O x Z Q n, 0 0 ▪ W Z u u • f • 0 I F Z 111 Q < 0 Z 0 J O U (I) .11 1 • 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. -1- 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. -2- 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. -3- 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. -4- • 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. -5- 30. "Duplex or Dwelling, Two-Family" means a detached building containing two (2) dwelling units. 411 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. -6- S 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 -7- 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. -8- 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. • -9- 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. -10- 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. -11- 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. -12- 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. • -15- 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. -16- 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. -17- 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 -18- • • 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 • • • • 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 • • • 1111 • i • 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 • • • • 41/1 • • 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 • • .. • 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. • -20- • 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. -22- 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 -28- • • 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. -31- 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. -32- 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. -34- 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. -35- 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. -36- 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. -37- 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 -38- 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. -39- 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. -40- • 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. -41- 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. • -42- 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. -44- 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. • -46- • 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. -47- 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. -48- • 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. -49- 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. -50- 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 -52- • 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 -53- 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: -54- • - 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. -55- 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. -56- 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. • -57- 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) . -58- • 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. -59- 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 -60- • 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. -62- • 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. -64- • • 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. • -65- • • • APPENDIX A CLASS A REGIONAL PROJECTS • • 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; • A-1 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. A-2 111 • 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. • A-3 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; S A-4 • 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. A-5 • 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; • A-6 • 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. • A-7 II 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. A-8 111 • APPENDIX B CLASS B REGIONAL PROJECTS • • • 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 • B-1 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. B-2 • 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. • B-3 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. • B-4 • 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. • B-5 i APPENDIX C REGIONAL PROJECT REVIEW CRITERIA i i • 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. • C-1 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. C-3 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. C-4 111 I 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 g P 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. • C-5 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. C-7 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; C-8 I 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 C-9 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. C-10 411 . r 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. 0 C-11