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LL 03 Chapter 179 "Zoning" STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORT�S-VQZQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE May 5, 2009 Darleen M Dougher Town Clerk Town Office Building 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 3, 2009, filed on May 4, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.htm1. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US - E-MAIL:INFO@DOS.STATE.NY.US August 31,2010 State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, New York 12231-0001 Dear Ms. Lasch, As per our telephone conversation of August 31, 2010 please find the following: 1. missing sheet to be included in the Town of Queensbury Local Law No.3 of 2009 (page no.278) Thank you for your cooperation in this matter. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury RESOLUTION ENACTING LOCAL LAW NO. 3 OF 2009 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 179 "ZONING" AND REPLACING IT WITH NEW CHAPTER 179 "ZONING" RESOLUTION NO.: 135,2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee's task was to review the Town's Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, on May 19`", 2005, the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town's Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, Saratoga Associates drafted an updated Comprehensive Plan, which was adopted and approved by the Town Board, and WHEREAS, Saratoga Associates subsequently drafted comprehensive revisions to the Town's Zoning Code (Chapter 179 of the Town Code), and WHEREAS, on May 17, 2007 the PORC passed a resolution forwarding the draft Zoning Code revisions to the Town Board for its review and consideration, and WHEREAS, the Town Board has made additional changes to the draft Zoning Code revisions and has caused the draft revisions to be put into the form of proposed Local Law No.3 of 2009, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to repeal current Queensbury Town Code Chapter 179 entitled "Zoning," and replace it with a new Chapter 179"Zoning,"and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed revised Zoning Code to the Warren County Planning Board and obtained a favorable recommendation from that Board to adopt the proposed revised Zoning Code and Map, and WHEREAS, the Town has also obtained the approval of the Adirondack Park Agency to adopt the proposed revised Zoning Code and Map, and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to repeal current Queensbury Town Code Chapter 179 entitled "Zoning," and replace it with a new Chapter 179 "Zoning," which is the proposed revised Zoning Code and Map presented at this meeting,hereinafter referred to as the"legislation," and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law§10 and Town Law Article 16, and 2 N WHEREAS, the Town Board duly held a Public Hearing on Tuesday, February 24`", 2009 concerning the proposed legislation and heard all interested persons, and WHEREAS, a copy of the proposed legislation has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, by Resolution No.: 128,2009, on April 6, 2009 the Town Board, as SEQRA Lead Agency, reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed legislation, determined that the proposed legislation would not have a significant adverse impact on the environment and declared and authorized the filing of a SEQRA Negative Declaration, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2009 to amend the Queensbury Town Code by repealing current Chapter 179 entitled "Zoning" and replacing it with a new Chapter 179 entitled"Zoning"as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by law, and BE IT FURTHER, RESOLVED, that all applications requiring the review and approval of the Town of Queensbury's Zoning Administrator received and deemed complete prior to the effective date of this new Local Law shall be reviewed under the zoning regulations applicable at the time of such 3 applications and all applications requiring the review and approval of the Zoning Administrator received after the effective date of this new Local Law No.: of 2009 shall be reviewed according to the requirements of this new Local Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Senior Planner and/or Town Counsel to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 20`"day of April, 2009, by the following vote: AYES: Mr. Metivier,Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec NOES: None ABSENT: None 4 ZONING 179 Attachment 4 Town of Queensbury Table 4:Swnniary of Allowed Uses in Existing Proposed Residential Districts Key PU=Permissible Use SPR=Site Plan Review Use SUP=Special Use Permit Required AU=Accessory Use or Structure Blank-Not permitted Moderate Land Parkland/ Rural Density Neighborhood Waterfront Conservation Recreation Residential Residential Residential Residential LC42A RR-5A and LC-10A PR42 RR-3 MDR NR WR Agricultural use(3) SPR SPR SPR SPR Agricultural service/retail SPR SPR Bed and breakfast SPR SPR SPR SPR SPR Boathouse SPR Boat storage.facility SUP SUP Campground SUP Cemetery SPR SPR SPR SPR Commercial boat sales/service/storage SUP Condominium development or unit PU SPR Day-care center Duplex PU PU PU Firing Range SUP Food service SUP Golf course and/or country club SUP Golf driving range SUP Grou cam SPR SPR 179 Attachment 4:1 10-01-2010 QUEENSBURY CODE Key PU=Permissible Use SPR=Site Plan Review Use SUP=Special Use Permit Required AU=Accessory Use or Structure Blank-Not permitted Moderate Land Parkland/ Rural Density Neighborhood Waterfront Conservation Recreation Residential Residential Residential Residential Home occupation PU AU AU AU AU Kennel SUP SUP Library SPR SPR SPR Class A marina SUP Mobile home PU(1) PU(1) Motel SUP Multifamily dwelling PU SPR Nursery SPR SUP SUP Outdoor recreation SPR SPR SPR SPR Personal service SUP Place of Worship SPR SPR SPR SPR SPR SPR Playground SPR SPR SPR SPR Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR Sawmill,chipping or pallet mill SUP SUP Townhouse SPR Single-family dwelling PU/SPR!21 PU PU PU PU PU Sportmen's club/firing range SUP Veterinary clinic SPR SUP SPR .Allowed within Mobile Home Oveday District. Additional regulations apply. (2)Site Plan Review required within the Adirondack Park. 179 Attachment 4:2 10-Ot-2010 Darleen Dougher From: John Strough Ustrough@verizon.net] Sent: Wednesday, November 24, 2010 3:07 PM To: Darleen Dougher Subject: Re: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Thank you. Would you place the letter you sent to State Records accompanying this Table in my mailbox? John From: Darleen Dougher Sent: Wednesday, November 24, 2010 3:04 PM To: John Strough (Councilman Ward 3) Subject: RE: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Local Law#3 of 2009 filed with the State Records and Law Bureau on May 4, 2009 original document sent to State was missing page 278, the Summary of Allowed Uses for Residential Districts,the document after being copied went from page 277 then a blank page followed by 279 etc. Summary of Allowed Uses for Residential Districts was sent to and received by State Records and Law Bureau on Sept. 9, 2010 From: John Strough Imailto:jstroughCabverizon.net1 Sent: Wednesday, November 24, 2010 2:52 PM To: Darleen Dougher Subject: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Hi Darleen, Can you give me the#of law and date filed for: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Thank you, John i Darleen Dougher To: John Strough Subject: RE: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Local Law#3 of 2009 filed with the State Records and Law Bureau on May 4, 2009 original document sent to State was missing page 278, the Summary of Allowed Uses for Residential Districts,the document after being copied went from page 277 then a blank page followed by 279 etc. Summary of Allowed Uses for Residential Districts was sent to and received by State Records and Law Bureau on Sept.9, 2010 From: John Strough jmailto:jstrouahOverizon.net] Sent: Wednesday, November 24, 2010 2:52 PM To: Darleen Dougher Subject: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Hi Darleen, Can you give me the #of law and date filed for: Table 4: Summary of Allowed Uses in Existing Proposed Residential Districts Thank you, John i Town of Queensbury Summary of Allowed Uses in ExistingPro osed Residential Districts Land Conservation Parkland/Recreation Rural Residential Moderate Density Residential Neighborhood Residential Waterfront Residential PR42 MDR NR WR LC-42A RR-5A&RR-3 LC-10A Agricultural Use(3) SPR SPR SPR SPR Agricultural service/retail SPR SPR Bed&Breakfast SPR SPR SPR SPR SPR Boathouse SPR Boat Storage Facility SUP SUP Campground SUP Cemetery SPR SPR SPR SPR Commercial Boat Sales/Service/Storage SUP Condominium Development or Unit PU SPR Day Care Center Duplex PU PU PU Firing Range SUP Food Service i SUP Golf Course and/or Country Club SUP Golf Driving Range SUP Group Camp SPR SPR Horne Occupation PU AU AU AU AU Kennel SUP SUP Library SPR SPR SPR Class A Marina SUP Mobile Home(1) PU(1) PU(1) Motel SUP Multi-family dwelling PU SPR Nursery SPR SUP SUP Outdoor Recreation SPR SPR SPR SPR Personal Service SUP 00 Place of Worship SPR SPR SPR SPR SPR SPR r� Playground SPR SPR SPR SPR N Private School SPR SPR SPR v Produce Stand<100 sq.ft. PU PU PU PU PU PU Produce Stand>100 sq.ft. SPR SPR SPR SPR SPR SPR Public or Semi-Public Building SPR SPR SPR SPR SPR SPR Riding Academy SPR SPR SPR Sawmill,Chipping or Pallet Mill SUP SUP Townhouse SPR Single Family Dwelling PU/SPR(" PU PU PU PU PU Sportmeri s Club/Firing Range SUP Veterinary Clinic SPR SUP SPR Key PU=Permissible Use SPR=Site Plan Review Use SUP=Special Use Permit Required AU=Accessory Use or Structure Blank-Not permitted (1) Allowed within Mobile Flome Overlay District. Additional regulations apply.(2)Site Plan Review required within the Adirondack Park ne�ranpr:o.:mq FAX TRANSMITTAL SHEET TOWN °OF!QUEENSBURY TOWN XCLERK/RECEIVER ;OF TAXES '742 BAY ROAD QUEENSBURY, NEW YORK 12804 PHONE NUMBER: .518-761=8234 FAX NUMBER: .518-745-4474 SENT BY: TOWN CLERK RECEIVER OF TAXES DATE: /3 I / 2010 DELIVER TO: FAX NUMBER: 5 c S 3 r3 8 P-1 � TOTAL PAGES: COMMENTS: CYA, 3 '� TRANSACTION REPORT AUG/31 /2010/TUE 09 : 58 AM FAX (TX) # DATE START T. RECEIVER COM.TIME PAGE TYPE/NOTE FILE 001 AUG/31 09:57AM 15853288189 0:01 :.071 2 1 OR G3 7755 FAX TRANSAUTTAL SITEET TOWN DF<QUEENSBURY TOWN CLERKIRECEI�VER,OF T'.A3 M. -S '742 BAY ROAD QUEENSBURY,NEW PORK 12804 TAX .51�[[8��-761-4234 .:1�AX NUAMR. 518-/45-4474 SENTIM TOWN-CLERK RECEIVER:OF TABS DATE. 2010ER TO.: FAX NUMBER: TOTAL Y- A-GES-: :CON�vJENTS:: L-3 r�b STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LOf2RAINE A. CORTES-VAZQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE May 5, 2009 Darleen M Dougher Town Clerk Town Office Building 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 3, 2009, filed on May 4, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.htm1. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US E-MAIL:INFOCOOS.STATE.NY.US LOCAL LAW NO. 3 OF 2009 A LOCAL LAW REPEALING AND REPLACING TOWN OF QUEENSBURY ZONING LAW Be it enacted by the Queensbury Town Board as follows: Section 1. Authority—This Local Law is adopted pursuant to New York Town Law Article 16 and of the New York Executive Law Article 27 of the State of and the Municipal Home Rule Law. Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby repealed in its entirety and replaced by the attached amended Zoning Law. Section 3. Severability—The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer—All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. As stated in Section 2, this Local Law is specifically intended to supersede the provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date—This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. GAMUN\QBY\LEGIS\ZO AMND 09.doc Page 1 or Rose Mellon From: Michael Hill [mhill@mmshlaw.com] Sent: Tuesday, April 21, 2009 9:45 AM To: Rose Mellon Cc: Darleen Dougher; Pamela Hunsinger; Stuart Baker; Robert Hafner Subject: Re: New Zoning Code Attachments: ZO AMND 09.doc Good morning Rose, In response to Pam's e-mail, attached please find a copy of the cover page that I gave you before the start of last night's meeting. It is standard for local laws and should go on top of the text of the new amended Chapter 179,which I'm sure Stu will be sending to you. Please call if you have any questions. Thanks very much, Mike On Tue, Apr 21, 2009 at 9:40 AM, Pamela Hunsinger<pamelah .queensbury.net>wrote: Good morning. Rose Mellon needs the new Zoning Code adopted last evening to put in her Town Board minutes. Please forward to her in Word format. Any questions,please let me or Rose know. Thanks, Pam Pamela Anne Hunsinger, Legal Assistant Town Counsel's Office TOWN OF QUEENSBURY 742 Bay Road Queensbury, New York 12804 (518) 761-8251 (518) 745-4408-Facsimile pamelahequeensbury.net Michael J. Hill, Esq. MILLER, MANNIX, SCHACHNER&HAFNER, LLC 451 Glen Street-PO Box 765 Glens Falls,NY 12801 (518) 793-6611 4/21/2009 RESOLUTION ENACTING LOCAL LAW NO. 3 OF 2009 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 179 "ZONING" AND REPLACING IT WITH NEW CHAPTER 179 "ZONING" RESOLUTION NO.: 135,2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee's task was to review the Town's Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, on May 19th, 2005, the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town's Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, Saratoga Associates drafted an updated Comprehensive Plan, which was adopted and approved by the Town Board, and WHEREAS, Saratoga Associates subsequently drafted comprehensive revisions to the Town's Zoning Code(Chapter 179 of the Town Code), and WHEREAS, on May 17, 2007 the PORC passed a resolution forwarding the draft Zoning Code revisions to the Town Board for its review and consideration, and WHEREAS, the Town Board has made additional changes to the draft Zoning Code revisions and has caused the draft revisions to be put into the form of proposed Local Law No.3 of 2009, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to repeal current Queensbury Town Code Chapter 179 entitled "Zoning," and replace it with a new Chapter 179"Zoning,"and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed revised Zoning Code to the Warren County Planning Board and obtained a favorable recommendation from that Board to adopt the proposed revised Zoning Code and Map, and WHEREAS, the Town has also obtained the approval of the Adirondack Park Agency to adopt the proposed revised Zoning Code and Map, and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2009 to repeal current Queensbury Town Code Chapter 179 entitled "Zoning," and replace it with a new Chapter 179 "Zoning," which is the proposed revised Zoning Code and Map presented at this meeting,hereinafter referred to as the"legislation,"and WHEREAS, this legislation is authorized in accordance with New York State'Municipal Home Rule Law §10 and Town Law Article 16, and 2 WHEREAS, the Town Board duly held a Public Hearing on Tuesday, February 24th, 2009 concerning the proposed legislation and heard all interested persons, and WHEREAS, a copy of the proposed legislation has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, by Resolution No.: 128,2009, on April 6, 2009 the Town Board, as SEQRA Lead Agency, reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed legislation, determined that the proposed legislation would not have a significant adverse impact on the environment and declared and authorized the filing of a SEQRA Negative Declaration, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2009 to amend the Queensbury Town Code by repealing current Chapter 179 entitled "Zoning" and replacing it with a new Chapter 179 entitled"Zoning" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by law, and BE IT FURTHER, RESOLVED, that all applications requiring the review and approval of the Town of Queensbury's Zoning Administrator received and deemed complete prior to the effective date of this new Local Law shall be reviewed under the zoning regulations applicable at the time of such 3 applications and all applications requiring the review and approval of the Zoning Administrator received after the effective date of this new Local Law No.: of 2009 shall be reviewed according to the requirements of this new Local Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Senior Planner and/or Town Counsel to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 20th day of April, 2009,by the following vote: AYES: Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT: None 4 I, R. Rose Mellon, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 20th day of April 2009 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 21 st day of April 2009. SEAL SIGNED: 2 • �Z,011-� `1 ��o� R. Rose Mellon Deputy Town Clerk II Town of Queensbury Local GtYV �t6 tYlg NEW YORI�STATE DEPARTMENT of STATE 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. X of------------------ Queensbury Town ��11IlX . 3 ' Local Law No.------------------------------------ of the year AL-9-- A local law To Amend Queensbury Town Code By Repealing -------------------------------------------------------------------------------------------------------------- a.Txwxwisting Chapter 179 "Zoning" And Replacing It With ------------------------------------------------------------------------------------------------------------- New Chapter 179 " Zoning" ------------------------------------------------------------------------------------------------------------- - Be it enacted"6y the --------------- Town Board--- --------------------------------------------------------------- of the Cox ueensb Zof--------•----------------------Q----------- u ur r y-------------------------------------- as follows: ageX Section 1. Authority—This Local Law is adopted pursuant to New York Town Law Article 16 and of the New York Executive Law Article 27 of the State of and the Municipal Home Rule Law. Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby repealed in its entirety and replaced by the amended Zoning Law as follows: ARTICLE I General Provisions § 179-1-010 Title and Statutory Authority A. This Chapter shall be known as the "Town of Queensbury Zoning Law." The Town of Queensbury is hereinafter referred to as the "Town.". k B. Enactment of this Chapter by the toW"n 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 and the Municipal Home Rule Law. (If additional space is needed,attach pages the same size as this sheet,and numbereach.) DOS-239(Rev.11/99) ll� § 179-1-020 Purpose and Objectives A. The purpose of this Chapter is to promote the health, safety and general welfare of the residents and property owners of the Town and to provide for a variety of housing opportunities and densities and protect the property values and aesthetics of the Town by channeling and directing growth by regulating and restricting the height, appearance, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of the yards, 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 permissible within the proper exercise of the police power as delegated by the Town Law and the authority which may be exercised by towns pursuant to the Municipal Home Rule Law. B. It is the further purpose and objective of this Chapter to ensure optimum overall conservation, protection, development and use of the unique scenic, aesthetic, wildlife, recreational, open space, historic, ecological and natural resources of the town, support the overall objectives of the Town's Comprehensive Land Use Plan, as amended from time to time, and to satisfy the criteria for approval by the Adirondack Park Agency of a local land use program pursuant to Section 807, Subdivision 2, of the Adirondack Park Agency Act, for the area of the Town within the Adirondack Park. § 179-1-030 Compliance Required; More Restrictive Provisions to Prevail No land use er development, disturbance or activity shall be undertaken or maintained except in conformity with all provisions contained in this Chapter. Where this Chapter 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 Chapter shall control. § 179-1-040 Authority of Adirondack Park Agency Nothing in this Chapter shall be deemed to supersede, 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 supersede, alter or impair the statutory functions, 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. § 179-1-050 Exemption for Certain Property to be Purchased by the Town or Owned by Certain Government Organizations A. Notwithstanding all other provisions of this Chapter, all property constituting less than 100 acres for which the Town of Queensbury is under a valid, executed contract to purchase shall be exempt from all provisions of this (2) Chapter, including the subdivision regulations set forth in Chapter A183. Such exemption shall expire if said contract is terminated prior to closing of title. B. This exemption shall not apply to those transactions which result in the seller's remaining adjacent property being in violation of the relevant dimensional requirements of Article 3 of this Chapter. C. This section shall not apply to any land division which constitutes a Class A or B regional project under the Adirondack Park Agency Act or any action which requires a permit under the Freshwater Wetlands Act or the Wild, Scenic or Recreational Rivers System Act. In addition, all land uses and development which are related to the jurisdictional subdivision or which are independently Class A or B regional projects shall require a permit from the Adirondack Park Agency or the town, respectively. In every case, the shoreline restrictions of this chapter shall apply. D. Projects initiated by Federal government, State government, State urban development corporations and public schools may be exempt from local zoning regulations. Government immunity from zoning regulations is subject to interpretation. Notice of development proposed by such entities is required so that the Zoning Administrator can make a formal determination. §179-1-060 Severability The provisions of this Chapter are severable. If any Article, section, subdivision or provision of this Chapter shall be invalid, such invalidity shall apply only to the Article, section, subdivision or provision adjudged invalid, and the rest of this Chapter shall remain valid and effective. (3) ARTICLE 2 Definitions § l 79-2-010 Definitions and Word Usage A. For the purpose of this Chapter and Chapter A183, Subdivision of Land, words used in the present tense include the future tense, the plural includes the singular, the word "lot" includes the word "plot," the word "building" includes the word "structure," the word "shall" is intended to be mandatory, the word "occupied" includes the words "designed and occupied" or "intended to be occupied." B. Words not defined by this Chapter shall have their common meaning as defined by the most recent version of Merriam-Webster Collegiate Dictionary, l l"'Edition. C. As used in this Chapter or in the Appendixes thereto, unless the context otherwise requires,the following terms shall have the meanings indicated: ABANDONMENT: An intent to abandon or to relinquish and some overt act, or some failure to act which carries the implication that the owner neither claims nor retains any interest in the building or use that is the subject matter of the abandonment. A non-conforming use that is abandoned for more than 18 months shall be required to conform to the requirements of this chapter. (see Article 13, Nonconforming Uses, Structures and Lots). ACCESS DRIVE: A paved or unpaved surface, other than a street, which provides vehicular access from a street or private street to a lot. ACCESSORY STRUCTURE: A building or structure subordinate and clearly incidental to the principal building on the same lot and used for a purpose customarily incidental to those of the principal building. Examples of customary residential accessory uses include storage sheds, boathouses, garages (temporary or permanent), swimming pools, tennis courts, basketball courts, paddleball courts and other outdoor athletic courts, decks and patios and fences. The term does not include pool pump houses under 25 square feet, housekeeping cottages, or playhouses and gazebos under 120 square feet. ACCESSORY USE: A use customarily incidental and clearly subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal use or building. Examples of customary commercial accessory uses include parking lots, loading areas, dumpsters and electrical transformer pads. (4) ADIRONDACK PARK AGENCY ACT -- Article 27 of the Executive Law of the State of New York, including any future amendments thereto. ADIRONDACK PARK AGENCY (APA) -- The Adirondack Park Agency created by § 803 of Article 27 of the Executive Law of the State of New York. ADIRONDACK PARK AGENC LAND USE AREA -- 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 of Queensbury and delineated on the Adirondack Park Land Use and Development Plan Map incorporated by § 179-3-030 hereof. ADIRONDACK PARK or PARK -- Land lying within the area described in Subdivision 1 of § 9-0101 of the Environmental Conservation Law of the State of New York, including any future amendments thereto. ADJACENT AREA --Any land in the Town of Queensbury immediately adjacent to a freshwater wetland lying within one hundred (100) feet, measured horizontally, of the boundary of a freshwater wetland. ADULT USE ESTABLISHMENT -- Any business enterprise or adult entertainment establishment having a substantial or significant part of its operations depicting or relating to "specified sexual activity or specific anatomical areas" (as defined below) for observation by patrons therein. A. Specified sexual activities: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. B. Specified anatomical areas: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, whether or not covered. (5) A substantial or significant portion of its stock in trade shall be determined to exist if either more than 20 percent of its gross sales receipts comprise items described in A or B hereof or that more than 20 percent of the net square footage of the establishment is dedicated to the display of advertising of items described in A or B hereof. AGRICULTURAL SERVICE USE -- Any storage or processing facility directly and customarily related to an agricultural use. Examples include milk processing, feed storage, crop storage, and crop processing. AGRICULTURAL USE -- Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture 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. ALLEY-- A public or private right-of-way affording generally a secondary means of vehicular access, usually from the rear, to abutting properties, and not intended for general traffic circulation. An alley is not a road as that term is defined by Town Law. ALTER--The reconfiguration of any space,the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment. AMENDMENT-- A change in text of any portion of this Chapter and/or a change in use in a zoning district, which necessitates revisions to any provision of this Chapter and/or the official zoning map. AMUSEMENT CENTER -- An indoor or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides and booths for the conduct of games and buildings for shows and entertainment. The definition includes amusement uses,but is not limited to,miniature golf, go-karts (or riding areas for dirt bikes or ATVs), skating facilities, arcades and batting cages. ANTENNA -- A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television,wireless and microwave communications. ANIMAL SHOW -- An exhibition or competition which highlights one breed or species of domesticated animal. (6) AREA, BUILDING -- The total area of a building measured horizontally from the exterior of the outside walls of such building exclusive of uncovered porches or decks, terraces and steps. AREA,LAND -- The total area within the property lines, excluding the portion of the property located within public right-of-ways of roads or streets. ASPHALT PLANT --A facility where oil products, stone and/or sand are assembled to produce asphaltic material and may include sand and gravel processing activities. ASSEMBLY OPERATION/USE -- A facility where products or articles are assembled and said goods or services are consumed or used at another location. ATHLETIC COURT/FACILITY -- Recreational facilities oriented toward court games such as tennis, basketball, paddle tennis, etc., and played out of doors. ATTIC -- That space of building, which is immediately below, or wholly or partially within, the roof framing. An attic with a finished floor shall be referred to as a "half story"in determining the permissible number of stories. AUTOMOTIVE, AUTO or MOTOR VEHICLE -- Any use pertaining to motor vehicles and other heavy machinery. "Auto" or "automotive"may be used to describe an auto body/repair shop,automobile service station, etc. AUTOMOTIVE SALES AND SERVICE: Any area of land, including structures thereon, that is used for the retail sale of motor vehicles and accessories which may or may not include Auto Body/Repair Shop services. AUTOMOBILE SERVICE -- Any building, premises and/or land in which or upon which the primary use is a business which involves the service,maintenance or repair of automobiles, and other small vehicles under 2 V tons and motors, including the repair of the body or frame of an automobile, including painting, straightening, sanding and welding, within an enclosed structure and in which the sale of materials is clearly incidental to the primary use. BANK--An institution which deals in money and credit, and in which money and/or other valuables may be deposited for safekeeping. BAR-- See "TAVERN." BARBER/BEAUTY SHOP -- A building or structure utilized for the shaving, cutting, styling, or treating of hair and including, either as an incidental use or the (7) primary use, related cosmetic and/or beauty services such as manicures, pedicures, facials and the retail sales of cosmetic products. BARN --A structure which is principal to agricultural uses and which is used for the housing of animals, such as horses, goats, sheep, chickens, cows or pigs, or their food and forage, such as hay, grains and straw, and equipment used to implement the agricultural use, such as a tractor, manure spreader, planter, etc., as an accessory use. BASEMENT -- A story of a building which is partly underground, but having less than half(1/2) of its height above the average level of the adjoining ground. BED-AND-BREAKFAST -- A use, located within a one- or two- family dwelling in which ssix ten or fewer guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in conjunction with each guest night. BERM -- A small hillock or rise in grade, generally high enough to visually screen headlights from automobiles or trucks on adjacent properties. BERTH--The place where a vessel lies when at anchor or at a dock. BOATHOUSE -- An accessory structure which has direct access to a body of navigable water and: A. Is used for the storage of vessels and associated equipment; and B. Does not have bathroom or kitchen facilities and is not designed or used for lodging or residency. BOAT STORAGE FACILITY -- A place or site outside of the Lake George Park used to park or store, on any one lot, three or more vessels, except canoes, rowboats or sailboats under 18 feet. The definition excludes the commercial sale, maintenance or repair of boats. BOAT STORAGE, PRIVATE -- A place, site or structure used to park, house or store, on any one lot, two or fewer vessels, except canoes, rowboats and sailboats under 18 feet owned by the property owner, of which no more than three(3) total are kept. BOND or LETTER OF CREDIT -- A written agreement issued by a qualified agent or banking organization which guarantees either the performance of a certain agreed- upon activity or an equivalent consideration in money if the activity is not completed as required. (g) BOUNDARIES OF A FRESHWATER WETLAND -- The outer limit of wetland which is either depicted on a freshwater wetland map prepared by NYSDEC, APA, or Federal Agency (US ACOE) or is confirmed as delineated in the field and/or depicted on a site map that is approved by the afore-mentioned agencies and recognized by the Town of Queensbury. BUFFER ZONE -- A strip of land covered with sufficient permanent planting (generally consisting of both trees and shrubs) to provide a continuous physical screen to mitigate conflicts of land use between two or more areas. No parking or storage of vehicles of any kind or objects within the buffer zone is permitted. BUILDING --Any structure which is permanently affixed to the land, is covered by a roof supported by columns or by walls and is intended for shelter, housing or enclosure of persons,animals or chattels. (See also STRUCTURE) BUILDING FLOOR AREA,TOTAL-- A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. BUILDING HEIGHT -- The vertical distance measured from the lowest portion of the natural grade or the finished grade in a cut area excavated below the natural grade of the building site adjacent to the building to the highest point of the structure, whichever results in the greatest measurement. The measurement is exclusive of church spires, cupolas, chimneys, ventilators, cooling towers, mechanical equipment or similar features customarily carried above roof level. These features shall not exceed an aggregate coverage of twenty-five percent (25%) of the roof area on which they rest. BUILDING LINE -- A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the "building line", (9) except open steps that provide access to the ground floor or basement of the building, and eaves,which may project 18"into the required yard setback." (See "setback.") BUILDING SQUARE FOOTAGE -- See`BUILDING FLOOR AREA, TOTAL" BUILDING SUPPLY/LUMBERYARD -- A business with or without a building or structure utilized for the storage of building and construction materials and equipment for sale, either retail or wholesale. BUSINESS SERVICE -- Services rendered to a business establishment or individual on a fee or contract basis including actuarial, advertising, credit reporting,janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, window cleaning,blue-printing and photocopying, and other such services. BUS STORAGE FACILITY--An area, which may or may not be enclosed, in which buses are stored and maintained for daily use. CALIPER: The measurement of the size in inches of a tree's trunk diameter taken at 4.5 feet above the ground elevation. Also known as DIAMETER BREAST HEIGHT. CAMPGROUND -- Any area designated for transient occupancy by camping in tents, camp trailers, motor homes, truck-cap campers or pickup campers or similar facilities designated for temporary shelter. An individual (or temporary structure or vehicle) may not occupy a campground for more than 120 consecutive days or more than 200 days in any calendar year. CAMPSITE -- An individual site designed to accommodate transient occupancy by camping in a tent, camp trailer, motor home, truck-cap camper, pickup camper or similar temporary shelter. CANOPY -- A permanent rooflike structure, either freestanding or connected to a principal building or accessory building. Such structure shall be set back from the adjoining property line in accordance with the requirements established for principal buildings in the zone in which said canopy is located. Awnings utilized to adhere to a design guideline may be exempt from the setback. CAR WASH -- A service business where automobiles are cleaned and in which accessory products may be sold. (10) CEMENT MANUFACTURING -- The process by which alumina, silica, lime, iron oxide, and magnesium oxide are burned together in a kiln and finely pulverized. Cement is a product used as an ingredient of mortar and concrete. CEMETERY -- A burial place or ground operated and maintained by a church, private entity or a governmental agency, which can include a crematorium and aboveground storage vaults. CENTRAL PRIVATE UTILITY -- A sewage or water system, which serves a development, project and which is paid for with nonpublic funds and without special district taxation. CERTIFICATE OF COMPLIANCE -- A certificate issued pursuant to § 179-16-050 of this Chapter certifying that any use for which a zoning permit was granted is occupied or maintained in compliance with all terms of the zoning pernut and with all applicable provisions of this Chapter and other laws and regulations including any approvals issued by the Zoning Board of Appeals and/or Planning Board, if applicable. Such certificate shall constitute a permit to occupy and/or conduct the use. CHAPTER -- This Chapter (179) of the Town Code which codifies and comprises the local zoning law and regulations of the Town of Queensbury. CHEMICAL PLANT -- A facility where chemicals are manufactured, including the storage of raw and finished products. CHURCH -- See PLACE OF WORSHIP CLASS A REGIONAL PROJECT -- A land use or development which is classified and defined in §179-18-010(B) and Article 21 and § 179-21-010 of this chapter and Section 810, Subdivision 1, of the APA Act; only applicable within the Adirondack Park. CLASS A REGIONAL SUBDIVISION -- A subdivision which is classified and defined as such in §179-18-010(B) and Section A183-38(A) of the Subdivision Regulations. CLASS B REGIONAL PROJECT -- A land use or development which is classified and defined in Article 21 and § 179-21-020 of this chapter and Section 810, Subdivision 2, of the APA Act; only applicable within the Adirondack Park. (11) CLASS B REGIONAL SUBDIVISION -- A subdivision which is classified and defined as such in Chapter A183, Subdivision of Land; only applicable within the Adirondack Park. CLEAR-CUTTING -- Any cutting of trees over six inches in diameter at breast height over any 10-year cutting cycle where the average residual basal area of such trees after cutting is less than 30 square feet per acre, measured within the area harvested. The basal area is the cross sectional area of a tree measured at breast height (typically 4.5 ft. above grade), used as a method of measuring the volume of timber in a given stand. CLEAR-VISION ZONE -- The triangular area formed by the edges of the pavement and a straight line joining the edges of the pavement at points which are 35 feet distant from the intersection of the edges of the pavement and measured along such edges of pavement. CLUB -- See"LODGE". CODE ENFORCEMENT OFFICER -- The appointed Town official that has the authority to enforce the provisions of this Chapter pursuant to Article 17 of this Chapter. CO-LOCATION -- The sitting and/or mounting of multiple antennas used by the same wireless communications services provider or by two or more competing providers on the same telecommunications tower. COMMERCIAL BOAT SALES/SERVICE/STORAGE -- A place, site or structure used to park, house or store, on any one lot, three or more vessels, except canoes, rowboats or sailboats under 18 feet, including any rental of private residential docks. The definition includes the commercial maintenance and repair of boats. COMMERCIAL USE -- Any activity involving the sale of goods and/or services carried out for profit. i COMMERCIAL USE, TRANSIENT AND/OR TEMPORARY -- Any commercial use where its service or product is on display principally outdoors, such as sidewalk sales, 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. (12) COMMON AREAS -- All common facilities, common open space (defined below) and all infrastructure in a development or subdivision that is used in common by the public or private home owners,property owners, association or tenants. COMMON FACILITIES -- Complementary structures and/or improvements located on a common open space appropriate for the benefit and enjoyment of the space by the public or private home owners,property owners, association or tenants. COMMON OPEN SPACE -- A parcel or parcels of land or an area of water or a combination of land and water designated and intended for the private or public use of enjoyment of the space and which may include such appurtenant structures that are necessary to enhance the enjoyment of the space. COMPREHENSIVE PLAN or COMPREHENSIVE LAND USE PLAN -- The officially adopted plan , including but not limited to maps, charts, studies, resolutions, report and other descriptive material that identify the goals, objectives, principles, guidelines,policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town located outside the limits of any incorporated village or city. CONFERENCE--A meeting of individuals or representatives of various bodies or of members of a profession, for the purpose of discussing and/or acting on topics of interest common to them. CONDOMINIUM DEVELOPMENT -- A project of individual dwelling units or commercial, manufacturing or industrial units which may consist of one, a part of or more than one structure wherein the dwelling units are individually owned, each owner holding a title thereto, while retaining, together with all the other owners of units in the project, an undivided interest in the common facilities and areas of the buildings and grounds which are used by all the residents, through an offering prospectus. All condominium developments shall be reviewed as a subdivision. CONDOMINIUM UNIT -- An individual dwelling unit, or a commercial, manufacturing or industrial unit,within a condominium development. CONSERVATION SUBDIVISION -- A subdivision, approved pursuant to Article 11 of this Chapter and Chapter Al83 of the Town Code (Subdivision of Land), in which the applicable area and dimensional requirements of Article 3 of this Chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. (13) CONSTRUCTION PLAN -- The drawings showing the location, profile and size of sewers, drains, water mains, pavements and other details of construction as specified in Chapter Al 83, Subdivision of Land. CONSUMER SHOW -- An exhibition which highlights available new or upcoming products CONTRACTUAL ACCESS --The right of a an individual or entity to use a parcel or lot as a means to utilize some feature or resource, where said right is granted through membership in an organization or club or by legal contract or deed stipulation. CONVENIENCE STORE -- A retail establishment offering for sale pre-packaged food products, household items, newspapers and magazines, sandwiches and other prepared foods, generally for off site consumption, but which may offer limited seating without wait service. CONVENTION , SPORTS OR EXHIBIT CENTER -- A sports arena or permanent facility, structure or combination of structures offering at least 10,000 square feet of space dedicated to meeting space and designed to support as its principle uses: receptionsibanquets, entertainment events, community events, school and use events, religious events, conference, trade sports, arts and crafts shows, exhibits, expos, animal shows or consumer shows, annual conventions, corporate conferences, educational meetings, sales and incentive meetings. As secondary uses, such facility may provide food service s or sell items related to events in progress. CRITICAL ENVIRONMENTAL AREA (CEA) -- An area designated by in the Town of Queensbury pursuant to the New York State Environmental Conservation Law having exceptional or unique environmental characteristics. CEAs are shown on the Town of Queensbury map titled "Critical Environmental Areas," available for review in the Community Development Department. CROSS ACCESS: --A service road or driveway providing vehicular access between two or more contiguous sites so that drivers need not enter the public road system. CROSSWALK or WALKWAY--An accessway designed for pedestrian traffic. CUL-DE-SAC -- A minor street with one end open for public access and the other terminating in a vehicular turnaround, or also "dead-end street". DAY CARE CENTER -- A use where professional child daycare service are offered for six (6) or more children depending on age, for more than (3) hours a day but less than twenty-four (24) hours a day that is operated (a) as a principal or accessory use (14) by an individual, organization or agency as licensed or regulated by the applicable New York State agencies.. DAY CARE HOME -- - A dwelling unit use licensed by and in compliance with the New York State Department of Social Services or other applicable State regulations wherein child day care services are provided Such day care homes shall include family daycare homes and group-family day care homes. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, grading, excavation, extensive clearing of vegetation or drilling operations or storage of equipment or materials. DIAMETER BREAST HEIGHT-- See CALIPER DIRECTOR OF BUILDING AND CODE ENFORCEMENT -- An individual empowered by the town to administer the provisions of the New York State Building Code, as amended. DISTRIBUTION CENTER -- A facility used to store and dispense products or articles to another location.The definition includes a freight or trucking terminal. DISTRICT-- See ZONING DISTRICT. DOCK -- Any structure or device, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which is built, provides, or is used as, a berthing place for vessels, watercraft and/or 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 as well as a structure or area used for the dry storage of vessels as part of a quick launch facility. DOCK AREA: The above and below surface area of a dock as measured and expressed in square feet. DOCK REPAIR -- Normal maintenance or replacement of up to 75% of the total dock area. See Section 179-5-050,Docks and Moorings. DOCK REPLACEMENT -- Replacement of a dock to an extent greater than 75%. See Section 179-5-050,Docks and Moorings. DRIP-LINE -- An imaginary vertical line extending from the outermost portion of the tree canopy or roof line to the ground. (15) DRIVE-IN THEATER -- An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. A drive-in theater may include a refreshment stand as an accessory use. DRIVEWAY: -- Any entrance or exit used by vehicular traffic to or from land or buildings abutting a road. DRIVEWAY, SHARED -- A driveway located on a property line connecting two or more contiguous properties to the public road system. DUPLEX or DWELLING, TWO-FAMILY -- A detached building containing two dwelling units that are attached by a common wall DWELLING, SEASONAL -- One dwelling unit not used for permanent residence and not occupied for more than six months in each year. DWELLING UNIT -- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT -- Deeded right granted by a property owner for the use of a part of his/her property for the benefit of another person or property. ENCLOSED SHOPPING CENTER--A group of architecturally unified commercial establishments built on a site which is planned, constructed and managed as a complete operating unit that is enclosed and roofed, with access to tenant areas generally oriented toward interior corridors. (See Use Tables in Article 4). ENCROACHMENT --The part of a structure or development which intrudes into an easement, setback or dedicated right-of-way or property line. ENLARGEMENT - - To make larger in an dimension, including length, width, height , area or depth into the ground EROSION -- The wearing away of the land surface by rain, flowing water, wind or other geological or mechanical chemical agents. ESSENTIAL PUBLIC SERVICES -- Underground or overhead gas, electrical or water transmission or distribution systems or sewer systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, manholes and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by (16) public utilities or the town or other governmental agencies for the public health, or safety or the general welfare. EXCAVATION --Any extraction from the land of more than 20 cubic yards of sand, gravel, clay, shale, rock, topsoil or other natural mineral deposits. (See "commercial sand and gravel extraction.") EXISTING TALL STRUCTURE--A structure over 50 feet in height measured at its tallest point which is existing on the date an application for placement of telecommunications equipment is submitted. EXPANSION -- Any growth of activity which requires the enlargement of facilities, including buildings, parking spaces, storage yards or any other facilities which are required to accommodate such growth. EXPO -- An exhibition or display open to the public of a collection of related items or services. FAMILY -- One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel. FARM -- Any parcel of land used for agricultural, or horticultural use, including any structure,building or residence which is incidental to the permitted use. FAST FOOD ESTABLISHMENT -- An establishment whose principal business is the sale of pre-prepared or rapidly prepared food/meals directly to the customer in a ready-to-consume state for consumption either within the establishment or off the premises. FENCE -- A barrier consisting of material(s) assembled, constructed or erected at a fixed location on the ground or attached to the ground. "Fence" does not include a hedge or similar barrier composed of growing vegetation or a manmade berm. FENCE,PRIVACY - -A fence in excess of two feet in height of which 50 %or more of the surface area of the fence is opaque. FIRING RANGE-A practice range for target shooting with firearms FLAG LOT -- A lot not meeting minimum frontage requirements and where access to the public road is a by a private driveway on a narrow strip of land. (17) FLOOR AREA: All square footage, as measured from exterior of exterior walls of all structures on the property, including all floors of the structures, garages,basements and attics with more than 5 feet of ceiling height and covered porches. Building square footage does not include: open decks,docks and that portion of covered docks extending over water. FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. FOOD SERVICE ESTABLISHMENT -- Any establishment that prepares and serves meals for eat-in or take-out customers. The food service component must be the primary use in the building to fit this definition. For example, a supermarket that prepares meals is not a food service establishment since the primary use is grocery sales. FORESTRY USE -- Any management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings, fences and forest drainage systems. FOREST USE STRUCTURE -- Any barn, shed, garage or research, educational or administrative building directly and customarily associated with forestry use. FRESHWATER WETLANDS --Lands and waters lying within the boundaries of the Town of Queensbury which are classified as a wetland by the NYSDEC, APA, or Federal Agency (US ACOE), or is confirmed as delineated in the field and/or depicted on a site map as a wetland that is approved by the afore-mentioned agencies shown on a freshwater wetlands map. FRESHWATER WETLANDS MAP -- A map depicting the boundaries of any freshwater wetland and which has been filed with the Clerk of the Town of Queensbury by the State Department of Environmental Conservation, Adirondack Park Agency or other agency having jurisdiction in the regulation of wetlands, as such map may from time to time be amended. FRONTAGE-- See ROAD FRONTAGE below. FUEL SUPPLY DEPOT -- A facility which stores gasoline products for distribution to off-site locations. FUNCTIONAL CLASSIFICATION: -- A system used to group public roads into classes according to their purpose in moving vehicles and providing access to abutting properties. (18) FUNERAL HOME -- A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, but not including facilities for cremation. GALLERY -- A structure or building utilized for the display of art work including paintings or sculptures for sale to the public. GARAGE, PRIVATE PARKING -- An accessory building or structure to a residential use, attached or detached,used primarily for storage of no more than three automobiles, provided that such garage may be used to shelter only one commercial vehicle, but in no event shall such commercial vehicle exceed 1 1/2 tons' capacity. A private garage never holds business, occupations or services for profit. (See also "PARKING AREA,PRIVATE"). GARAGE, PUBLIC --Any garage, other than a private garage, which is used for the storage of motor vehicles. GOLF COURSE -- A tract of land for playing golf, improved with tees, greens, fairways, hazards and may include clubhouses, shelters, bathroom, restaurant and tavern facilities. A golf driving range is a permitted accessory use to a golf course within the RC district. GOLF DRIVING RANGE --A tract of land on which golf balls are hit for practice in exchange for a fee or consideration. GRADING -- The physical alteration of the contours of land in connection with a development project. Minor alteration for landscaping purposes or to improve drainage on individual residential properties does not constitute grading. GREENHOUSE -- A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use. GROSS LEASABLE AREA (GLA) -- The total area designed for tenant occupancy and exclusive use, including kiosk, expressed in square feet and measured from the center line of joint partitions and from the inside faces of exterior walls, provided, however, that "gross leasable area" shall not include common mall area, exit (19) corridors, service corridors, storage/maintenance areas, elevators, escalators or other common or public places. GROUP CAMP -- Any land or facility for housing and recreational, educational or business-related uses by private groups or semipublic groups, such as boy or girl scout camps. The definition includes the terms "camp" and "day camp". HEALTH-RELATED FACILITY -- A building or site used for the treatment of illness, disease, injury, deformity and other abnormal physical or mental conditions, including rehabilitation activities, and which is operated by individuals in the health industry licensed by the State of New York. All hospitals and institutions specializing in medical treatment, physical and mental therapy (including alcohol and drug treatment), and assisted living for all ages are considered to be health-related facilities. A health related facility may include related facilities, such as offices, laboratories, outpatient facilities or training facilities. The definition includes the terms"nursing home"and"convalescent homes". HEAVY EQUIPMENT STORAGE/SALES/SERVICES -- A lot utilized for the purposes of storage, rental, sales and service of farm and heavy equipment and machinery, including logging equipment, tractor trailers and related farm and heavy transportation equipment such as bulldozers, backhoes, engines, compressors, trucks over 2 1/2 tons,tractors, construction equipment and other heavy machinery,vehicles or motors. HEAVY INDUSTRY -- Manufacturing and processing operations that may involve the exterior storage of goods and materials as well as of finished products. HISTORICAL SITES AND STRUCTURES-- Any historic site or structure which is on the State or National Registers of Historic Places or as is officially recognized by the town. HOME OCCUPATION -- A domestic or service activity conducted entirely within the dwelling unit and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes, and does not change the character thereof. A home occupation is an accessory use to a residential use as regulated under section 179-5-080 of this Chapter. HOMEOWNERS' OR PROPERTY OWNERS' ASSOCIATION -- A non-profit organization required by a deed covenant or term in which owners of homes or properties in a development or subdivision are subject to regulations or requirements for the operation and maintenance of individual properties and/or commonly owned facilities and/or open space. Such organization must be acknowledged or approved (20) by the NYS Attorney General's Office. This term shall include the terms "Homeowner's Association", "Condominium Association"and similar terms. HORIZONTAL ILLUMINENCE -- The measurement of brightness from a light source, usually measured in footcandles or lumens, which is taken through a light meteCs sensor at a horizontal position. HOTEL-- See "MOTEL". HOUSEKEEPING COTTAGE -- A single detached rental unit for transient occupancy. HUNTING AND FISHING CABIN -- A cabin, camp or lean-to or other similar structure designed for occasional occupancy for hunting, fishing or similar purposes. IMPERVIOUS AREA--All areas covered by structures, buildings,pavement or other impermeable surfaces including but not limited to patios, walkways and graveled areas containing materials smaller than#2 stone size. IN EXISTENCE -- With respect to any land use or development, including any structure, that such use or development has been substantially commenced or completed. INTERMITTENT STREAM -- A naturally occurring stream which carries water only during the wet season(s) of the year or during heavy rainstorms and which might be dry for extended periods.. JUNK VEHICLE -- Any unregistered motor vehicle or vessel, no longer in condition for legal use on public highways or waterways. JUNKYARD -- Any open lot or area for the dismantling, storage or sale of motor vehicles, as parts, scrap or salvage, or more than two junk vehicles, machinery, scrap metal, wastepaper, rags, used or salvaged building materials or other discarded materials. KENNEL -- An establishment to house dogs, cats, and other household pets where grooming, breeding, boarding, training or selling of animals is conducted as a business. The occasional sale of puppies, kittens or other offspring from household pets shall not be considered a kennel. LAKE GEORGE CRITICAL ENVIRONMENTAL AREA -- The waters of Lake George, all land lying under such waters within 500 feet of the mean high-water mark (21) of such waters, and wetlands located adjacent to the waters of Lake George and all land within 500 feet of such wetlands. LAKE GEORGE PARK COMMISSION -- New York State Agency formed under Article 43 of the Environmental Conservation Law responsible for administration and enforcement of Lake George Park regulations and associated rules and regulations within the Lake George Park. LAND CLEARING -- The excavation, cutting, removal, alteration, destruction or clearing of perennial or annual vegetation, including trees, or the disturbance of soil. LANDSCAPE --All the natural features, such as fields, hills, forests, water, etc., that distinguish one part of the earth's surface from another part, including all of its natural characteristics. LANDSCAPE PLAN -- A plan of sufficient detail to describe proposed changes in the topography, structures, vegetation and visual characteristics of the landscape. LANDSCAPING -- The act of changing or enhancing the natural features of 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, to add visual screening and/or to provide safety features and to assist in protecting life and property. This may be accomplished by adding lawns, trees, shrubs, etc., or through the sculpting of the terrain, i.e., earth berms, ponds, walkways, retaining walls, rock outcrops, etc., and/or installing lights, light poles, flagpoles, fences and traffic malls for the direction of traffic. This does not include any man-made object that exceeds the maximum height requirement for a structure in the zone district in which it is located. Landscaping is subject to approval by the Town of Queensbury Planning Board where site plan review is required and subject to review by the Adirondack Park Agency where a project is classified as a Class A or Class B Regional Project. LAND USE or USE -- Any activity that changes the use of land in its natural state regardless of whether such activity occurs in a structure. "Land use" " shall exclude any landscaping or grading, which is carried out for landscaping or drainage improvement on an existing single-family dwelling/lot. Ordinary repairs or maintenance or interior alterations to existing structures or uses shall also be excluded from the terms "land use." LIBRARY -- A collection of information, sources, resources, and services: it is organized for use and maintained by a public body, an institution, or a private individual. (22) LIGHT MANUFACTURING Any operation which assembles, improves, treats, compounds, or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place. .. LINE, STREET or ROAD --The dividing line between the street property line or the right-of-way line and the lot. LOADING FACILITY -- A part of the site or building exclusively designed for the loading or unloading of materials, merchandise or freight, including a platform, loading space or dock area. LOADING SPACE, OFF-STREET -- One loading space for material, merchandise or freight shall constitute an area not less than 12 feet in width and 30 feet in length, with a vertical clearance of 15 feet or more. LODGE -- A building used to house a social, fraternal or service organization or group not organized or conducted for profit and which is not adjunct to or operated by or in conjunction with a public tavern, cafe, or other place of business. A lodge shall not have associated any vending stands,merchandising or commercial activities except as required for the membership and purposes of such club. This definition includes the terms "club", "fraternal lodge(s)", "fraternity house" and "sorority house". LOGGING -- See "TIMBER HARVESTING". LOGGING COMPANY --Business associated with the harvesting of timber, logging or other forest management activities where equipment, supplies, machinery and materials are stored and maintained for use at another location. LOT -- A parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, survey map or by metes and bounds, for the purpose of sale,lease or separate use. LOT, BUILDING -- 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 Chapter, having not less than the minimum area and width required by this chapter 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 adequate as a condition of the issuance of a building permit for a building on such land. (23) LOT, CORNER -- A lot situated at the intersection of two or more streets or highways. (See § 179-4-100, Lots Bounded by Two Roads or a Road and a Shoreline.) LOT DEPTH -- The mean horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. LOT FRONT LINE -- The lot line, which abuts upon a street or highway right-of- way boundary line. A lot with frontage on two roads shall be considered to have two front lot lines, and a lot with frontage on a road and a shoreline shall be considered to have a front and a shoreline setback. (See Article IV § 179-4-100.) Check section#. LOT LINE--The established division line between different parcels of property. LOT OF RECORD -- A parcel of property that has been legally created and established as a separate and distinct lot as recorded in the county clerk's office LOT REAR LINE--The lot line opposite and most distant from the front lot line. LOT, THROUGH -- An interior lot having frontage on two non-intersecting streets. The term also refers to a "double frontage lot". LOT WIDTH--The average distance between the side lot lines of the lot. MAJOR PUBLIC UTILITY USE -- Any electric power transmission or distribution line and associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or truck cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to service a new residential subdivision; any television, cable television, radio, telephone 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; and any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits designed to service 50 or more principal buildings. MANUFACTURED HOME-- See"MODULAR HOME". MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two (2)or more manufactured home lots for rent or sale. (24) MARINA, CLASS A—As defined in the regulations of the Lake George Park Commission, and subject to amendment by the Lake George Park Commission from time to time. As of 2/15/2008, Class A Marina was defined by the Lake George Park Commision as: any facility located in whole or in part with the Park which provides services or berthing places for vessels by engaging in any of the fo]llowing: (1)the sale of marine products or services, except for such sale as part of a dry land facility which does not quick launch vessels or regularly service vessels berthed on the waters of Lake George; (2)the sale, lease,rental or charter of vessels of any type; (3)the operation of a boat launch; (4)the offering of rides, instruction or water-based recreation for a fee; (5)the operation of a quick launch facility servicing the waters of Lake George regardless of the location where the vessels are stored; or (6)the storage, berthing or mooring of two or more motorized vessels and/or non-motorized vessels 18 feet in length or more not registered to the owner of the property,regardless of remuneration or profit, except: (i)the use of residential or association docks, wharfs or moorings by the owner of the facility,the owner's family or the owner's gratuitous guest, or such use by a person as part of the single family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring; (ii) docks,wharfs and moorings used as an accessory use to a hotel,motel, inn,housekeeping cottage, campground or recreational vehicle park,used exclusively by registered guests; (iii) docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and (iv) docks,wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products.The exceptions provided herein shall not apply to facilities which are otherwise (25) engaged in any of the services or activities set forth in paragraphs (1) - (5) of this subdivision. MARINA, CLASS B --As defined in the regulations of the Lake George Park Commission, and subject to amendment by the Lake George Park Commission from time to time. As of 2/15/2008, Class B Marina was defined by the Lake George Park Commision as: any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property,regardless of remuneration or profit, except: (1)the use of residential or association docks, wharfs or moorings by the owner of the facility, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring; (2) docks,wharfs used as an accessory use to a hotel,motel, inn,housekeeping cottage, campground or recreational vehicle park,used exclusively by registered guests; (3)docks,wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and (4) docks,wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products. MEAN HIGH-WATER MARK -- The average annual high-water level of a body of water. MEAN HIGH-WATER MARK OF LAKE GEORGE --The fixed annual mean high- water elevation of 320.2 feet above mean sea level. MEAN LOW-WATER MARK OF LAKE GEORGE -- The water elevation of 317.74 feet above mean sea level. MINERAL EXTRACTION -- 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 or mine roads, mine tailing piles or dumps and mine drainage. (26) MINERAL EXTRACTION STRUCTURE -- Any mine hoist; ore reduction, concentrating, sintering or similar facilities and equipment; or administrative buildings, garages or other main buildings or structures. MIXED USE -- The presence of multiple uses within the same complex, building, parcel, district or zone. MOBILE HOME -- Any vehicle or similar portable structure or any part thereof or addition thereto, with or without a foundation or wheels, jacks, skirting, wood or masonry block supports, designed or constructed to be towed on its own chassis (comprised of frame and wheels), driven or otherwise transported to its resting site and which is designed to permit occupancy for residential, business, commercial or office purposes. Such will include units that may contain parts that may be folded, collapsed or telescoped when being towed and expanded later, as well as two or more separate components designed to be joined into one integral unit, remains mobile,but excluding modular homes. (See "single-family dwelling."). See § 179-4-050 of this Chapter for`Mobile Home Overlay Districts' and Chapter 113, Mobile Homes. MOBILE HOME PARK or MOBILE HOME COURT -- A parcel of land under a single deed ownership which is designed and improved for the placement of two or more mobile home units thereon. MOBILE HOME SALES --A tract of land on which mobile homes are sold. MOBILE HOME, TRANSIENT -- A mobile home or temporary residence such as a camp travel trailer or a tent. MODULAR HOME -- Any building comprised of two or more sections, without its own chassis, capable of being transported to their building site and permanently joined into one integral unit which is indistinguishable in appearance from a conventionally built home, including but not limited to a sloped roof and permanent foundation. The definition includes the term "Manufactured Home" but excludes the term "Mobile Home." MOORING -- Any anchor, chain, buoy, pennant or other object by which a vessel is secured at one point. MOTEL -- A facility offering transient lodging accommodations for a daily rate to the general public in which no provision is made for cooking in any individual room or suite, except that such facilities may be provided in facilities designated as "housekeeping units", "housekeeping cabins", or other similar terminology. A motel (27) may provide additional services such as restaurants, conference and recreational facilities. Motels may include outdoor athletic courts and facilities and swimming pools. The definition includes the terms "hotel", "Inn"and a "bed and breakfast"with more than 10 rooms. MOTOR HOME-- See "TRAVEL TRAILER". MULTIPLE-FAMILY DWELLING (or MULTI-FAMILY DWELLING) -- A building arranged to house three or more single dwelling units, including but not limited to apartment houses, townhouse developments, certain condominium developments and the conversion of existing single-family dwellings. MUSEUM --A non-profit, non-commercial establishment operated as a repository for a collection of nature, scientific or literary curiosities or objects of interest or works of art,not including the regular sale or distribution of the objects collected. A museum may include retail as an accessory use. NATURAL GRADE--The vertical elevation of the ground surface before any planned or completed earthmoving, berming, filling or other non-natural alteration. NIGHTCLUB — An establishment dispensing liquor and meals and in which music, dancing or entertainment is conducted. NONCONFORMING LOT-- Any lot lawfully on record on the effective date of this Chapter or any amendment of this Chapter which does not meet the minimum lot area and/or lot width or depth requirements established by this Chapter or any amendment of this Chapter for the zoning district in which such lot is situated. NONCONFORMING STRUCTURE -- Any structure which is lawfully in existence within a given zoning district on the effective date of this Chapter or any amendment of this Chapter but which is not in conformance with the dimensional regulations for that zoning district as established by this Chapter or any amendment of this Chapter. NONCONFORMING USE -- Any use which is in existence within a given zoning district on the effective date of this Chapter or any amendment of this Chapter but which is not a permitted, accessory, site plan or special permit use for that zoning district, pursuant to the provisions of this Chapter or any amendment of this Chapter, or a use for which a use variance had previously been granted. NURSERY -- Land or greenhouses used to raise flowers, shrubs and plants for sale or transplanting as well as other goods customarily sold with plants such as soil, compost,pots, etc. A nursery may include a greenhouse. (28) OFFICE -- A building that is operated, or is proposed to be operated as a facility to accommodate one (1) or more separate offices as its primary use, and where other uses, if any, such as restaurants,taverns or health clubs are secondary or accessory. OFFICE,LARGE—A office building that is 20,000 square feet or greater OFFICE, SMALL—A office building that is less than 20,000 square feet OPEN CRIBBING -- The placement of crib members in such a manner that there is vertical spacing between the timbers, which provides for a partial exchange of water through the crib structure itself. OPEN SPACE -- 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. ORDER TO REMEDY -- An enforcement order issued pursuant to § 179-17-040 of this Chapter requiring a violation of this Chapter to be remedied. OUTDOOR CONCERT EVENTS -- Musical events which are held outdoors and to which the public is invited for a fee or consideration, however, not including such events that are held as an activity scheduled on a daily basis on the part of an amusement center. A concert that is held as a special event at an amusement center shall not be considered a regularly scheduled activity. OUTDOOR RECREATION -- Land uses which offer recreation activities primarily outdoors that are operated for members or on a commercial basis for members of the public. OUTDOOR SALES -- Sidewalk sales, tent sales or other temporary sales activities which are accessory to a principal commercial use, where displays and/or sales do not occur within a principal or accessory building. OUTPATIENT CLINIC -- A health-related facility, which does not include facilities for overnight care. OVERLAY DISTRICT -- A set of regulations, which add a layer of guidelines or provisions to the underlying regulating district. An overlay district may cover more than one zoning district. PAINTBALL FACILITY, OUTDOOR -- A property that is used for a particular outdoor sport in which either a)participants eliminate opponents from play by hitting (29) them with liquid-filled, breakable, gelatin paintballs shot from a compressed-gas- powered "paintball marker." or b) participants hit targets with liquid-filled, breakable, gelatin paintballs shot from a compressed-gas-powered "paintball marker." PARKING AREA--Any public or private place, lot,parcel or yard used, in whole or in part, for storing or parking motor vehicles under the provisions of this Chapter. PARKING GARAGE -- See GARAGE. PARKING AREA, PRIVATE -- An open area for all the same uses as a private parking garage and subject to the same conditions. PARKING AREA, PUBLIC --An open area, other than a street or other public right- of-way,used for the parking of three or more automobiles and available to the public. PARKING FACILITY --A public parking garage or parking area. PARKING SPACE -- For the purpose of these regulations, one "parking space" shall constitute an area of not less than nine (9) feet width by eighteen (18) feet length or 162 square feet, as provided by the ordinance, of such shape and vertical clearance so as to accommodate one vehicle having a maximum overall length of 18 feet. PARKING SPACE,HANDICAPPED --An oversized parking space designed to accommodate the handicapped. Such space shall constitute an area of 260 square feet,with a minimum width of 13 feet and having an overall length of 20 feet. See also the ADA Standards for Accessible Design, as amended and published by the U.S. Dept. of Justice. PARKING STRUCTURE—A building or structure consisting of more than one level and used to store motor vehicles. PASSENGER/LIMOUSINE SERVICE --An establishment in which taxis,passenger cars for hire and limousines are stored, serviced and dispatched. PAVEMENT -- 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. PEAK HOUR TRIPS (PHT) -- A weighted average vehicle trip generation rate during the hour of highest volume of traffic entering and exiting the site in the morning(a.m.) or the afternoon (p.m.). (30) PERMEABILITY, PERCENT OF -- The area of the lot which is not covered by buildings, structures or impervious surfaces divided by the total area of the lot and multiplied by 100. PERMEABLE SURFACE -- A surface that presents an opportunity for precipitation to infiltrate into the ground. PERMITTED OR PERMISSIBLE USE -- Any use that is allowed by this Chapter solely through the issuance of a zoning permit by the Zoning Administrator, subject to all other applicable provisions of this chapter. PERSON--Any corporation, firm,partnership, association, trust, estate, one(1) or more individuals and any unit of government or agency or subdivisions thereof. PERSONAL SERVICE BUSINESS -- Establishments primarily engaged in providing services involving the care of a person or his or her apparel. PHOTOSIMULATION FIGURES --Figures simulating the appearance of a structure from public right-of-ways and other locations as designated by the Planning Board PHYSICAL THERAPY FACILITY -- A health-related facility oriented to the physical muscular condition of outpatients. PIER -- A wharf or portion of a wharf extending from the shoreline with water on both sides. See also DOCK. PILE -- A long slender column usually of timber, steel or reinforced concrete driven into the ground vertically to support an open-type wharf. PLACE OF WORSHIP -- A building or place used for religious activities, including a church, synagogue, temple or mosque which is used for the purpose of worship and activities customarily associated therewith. Such place of worship shall be maintained and owned by a bona fide religious organization. PLANNED UNIT DEVELOPMENT -- An area of land, in which a variety of housing types and/or uses are preplanned and proposed as a single development for which specific standards and requirements apply and which requires a rezoning of such area by the Town Board. See Articles 12, 12a and 12b of this Chapter. PLANNING BOARD or BOARD --The Town of Queensbury Planning Board. (31) PLAT, FINAL -- The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with the Subdivision Regulations (Chapter Al83) and which, if approved, shall be filed with the County Clerk. PLAT, PRELIMINARY -- A drawing or drawings, clearly marked "Preliminary Plat," showing the salient features of a proposed subdivision, as specified in the Subdivision Regulations (Chapter Al83), submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision. PLAT, SKETCH or SKETCH PLAN -- A sketch of a proposed subdivision or site plan showing the information specified in this Chapter or Subdivision Regulations (Chapter Al83), as applicable, to enable the applicant to save time and expense in reaching general agreement with the Planning Board as the form of the layout and objectives of the applicable regulations. PLAYGROUND—An active recreational area that may include a variety of facilities, including equipment for young children as well as court and field games. POLLUTION--The presence in the environment of human-induced conditions or contaminants in quantities or characteristics, which are or may be injurious to humans,plants, animals or property. PORCH -- A roofed over area projecting from the front, side or rear wall of a structure. PRINCIPAL BUILDING (outside the Adirondack Park) -- The building in which the principal use is conducted. PRINCIPAL BUILDING (within the Adirondack Park)-- A. Any one of the following: 1. A single-family dwelling or mobile home constitutes one "principal building". 2. A tourist cabin or similar structure for the rent or hire involving 300 square feet or more of floor space constitutes one "principal building." 3. Each dwelling unit of a multiple-family dwelling, including each separate dwelling unit used on a time-sharing, leased time or other similar basis, whereby more than one person, group of persons or family has legal right of occupancy at differing times, constitutes one"principal building." (32) 4. 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 fewer than 300 square feet of floor space constitutes 0.1 of a "principal building." 5. Each commercial use structure and each industrial use structure in excess of 300 square feet constitutes one "principal building," except that for a commercial use structure which involves the retail sale or rental or distribution of goods, services or commodities, each 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes one "principal building." 6. 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 one "principal building." 7. Any other structure which exceeds 1,250 square feet of floor space constitutes one "principal building." S. A structure containing a commercial use which is also used as a single- family dwelling constitutes one "principal building." B. An accessory structure does not constitute a "principal building." PRINCIPAL USE -- The main or primary purpose for which land or a building is used or occupied or maintained. When more than one use is on a lot, the most intense use shall be considered the main or primary use. PRODUCE STAND -- A structure designed for the sale of farm products, such as fruits,vegetables and flowers. PROFESSIONAL OCCUPATION -- One who is engaged in professional services, including but not limited to all members of the fields of medicine, law, architecture, engineering, surveying, accounting, insurance,planning or financial planning. PROFESSIONAL OFFICE-- An office used to conduct a professional occupation. PROPAGATION MAPPING -- mapping showing propagation of radio waves and showing area of coverage of a communications tower PUBLIC OR SEMIPUBLIC BUILDING -- Any structure associated with a library, museum, firehouse, or a municipal building. (33) PUBLIC NOTICE or PUBLIC HEARING NOTICE -- The official notice of the board with jurisdiction over an application, that identifies the time and place of the public hearing scheduled on that application. PUBLIC UTILITY USE -- 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. QUICK-LAUNCH FACILITY -- A facility or an activity whereby vessels are stored on land and periodically launched for use during a single boating season. The periodic storage, launching and storage of a vessel by the same person at the same location shall be presumed to be a quick launch facility; provided, however, that the storage of a vessel on residential property for use by the owners or lessees of that property shall not be a quick launch facility regardless of the number of times the vessel is launched and stored during a single boating season. RADIO/TELEVISION STATION-- SEE TV OR RADIO STATION RAILROAD SERVICE OR REPAIR FACILITY -- A railroad yard or building where railroad equipment is stored,repaired or maintained. RECONSTRUCT -- The reconfiguration of a space which affects an exit or element of egress shared by more than a single occupant or the total of work areas exceeds two-thirds of the building area or the work area affects the area of 100 percent of the occupancy. Work that is exclusively mechanical, plumbing, fire protection or electrical shall not be considered a reconstruction regardless of its extent and shall not be included in the computation of total area of all work areas. RECREATION, ACTIVE -- Non-motorized leisure activities, usually organized and performed with other persons, often requiring equipment and taking place at prescribed and non-natural places, sites, or fields. Examples include, but are not limited to,baseball, soccer,basketball,tennis,track and field, golf, and skiing. RECREATION, PASSIVE -- Non-motorized leisure activities, which are not active recreation and usually can take place in areas with minimal disturbance to the natural landscape. Examples include, but are not limited to, hiking, walking, boating, jogging, biking, plant study, picnicking, kite flying, Frisbee throwing, bird watching, nature photography, swimnung, nature classes, model boating, wheelchair racing, fishing, dog walking, feeding of water fowl and sun bathing. (34) RECREATIONAL FACILITIES, COMMERCIAL -- Recreational facilities open to the general public for private gain. RECREATIONAL FACILITIES, PRIVATE -- Recreational facilities supplemental to a principal use, for the utilization of proprietors and guests, and excluding any use which is open to the public for a charge. REGIONAL SUBDIVISION -- Applies to any subdivision wholly or partially within the Adirondack Park and means any Class A Regional Subdivision or Class B Regional Subdivision as defined in Appendixes A and B of Chapter Al 83, Subdivision of Land. REGIONAL SUBDIVISION, CLASS A -- A subdivision which is classified as a "Class A Regional Project" in Section 810 of the Adirondack Park Agency Act, as set out in Appendix A of Chapter Al 83, Subdivision of Land. REGIONAL SUBDIVISION, CLASS B -- A subdivision which is classified as a Class B Regional Project in Section 810 of the Adirondack Park Agency Act and set out in Appendix B of Chapter Al 83, Subdivision of Land. RENOVATE-- The change, strengthening or addition of load bearing elements; or the refinishing,replacement, bracing, strengthening, upgrading or extensive repair of existing materials, elements, components, equipment and/or fixtures. This action does not include the reconfiguration of space or painting. REQUIRED IMPROVEMENTS -- Any activities or improvements required by this Chapter or the Subdivision Regulations(Chapter Al 83) as part of an approval, except as may be waived by the Planning Board, including but not limited to streets and roads, utility installations, road ditches, drainage facilities and culverts, monuments and revegetation operations. REPAIR--The patching, restoration, or minor replacement of materials, elements, components, equipment or fixtures for the purposes of maintaining these materials, elements, components,equipment, or fixtures in good or sound condition. RESEARCH AND DEVELOPMENT FACILITY -- A building in which chemical, mechanical, physical, electrical or other research, production, design or development of materials or processes is conducted. The definition includes the term "laboratory". RESIDENTIAL USE -- The use of a structure or parts thereof as a permanent place of dwelling. (35) RESTAURANT -- A place for the preparation, serving and consuming of food and beverages. A restaurant may include a tavern. RETAIL BUSINESS --The offering, for a fee, of goods, services and merchandise to the general public, excluding restaurants, taverns, motor vehicle sales and services, boat sales, recreational vehicle sales and services, mobile and modular home sales and services. RETAINING WALL -- A wall to maintain differences in ground elevation by holding back a bank of material. RIDING ACADEMY-- Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment. RIGHT-OF-WAY, PUBLIC -- A parcel of land in public ownership or use open to the public for vehicular or pedestrian access. (See "street.") ROAD-- See STREET ROAD FRONTAGE-- The linear footage of a lot along the Lot Front line. RUNOFF -- That portion of the precipitation, rain and/or snowmelt that cannot be absorbed by the soil within a drainage area, that is discharged from the area in water channels, either natural, as a stream, or manmade. Types of"runoff' include surface water, snowmelt, stormwater and or seepage. SAND, GRAVEL AND TOPSOIL EXTRACTION -- Any extraction from the land of sand, gravel or topsoil for the purpose of use, but not sale, by the owner of the land, or any extraction for the purpose of sale of less than 50 cubic yards in any two- year period. (See"commercial sand and gravel extraction.") SAND, GRAVEL AND TOPSOIL EXTRACTION, COMMERCIAL -- Any extraction from the land of more than 50 cubic yards in any two-year period of sand, gravel or topsoil for the purpose of sale or use by persons other than the owner of the land; or for the purpose of use by any municipality. (See "excavation," "mineral extraction"and "private sand, gravel or topsoil extraction.") SAND AND GRAVEL PROCESSING -- The crushing, sifting and screening of sands and gravels for consumption and use at another location. (36) SATELLITE RECEIVING ANTENNA -- Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna" or "dish antenna," and including as part of such apparatus or device the main reflector, subreflector feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but does not include conventional television, radio and amateur radio antennas. SAWMILL, CHIPPING and PALLET MILL -- Any building, site or place used for the cutting or milling of raw timber into dimensional lumber, pallets, chips or other wood products. SCHOOL -- Any place offering instruction in any branch of knowledge under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the State Education Department. SCREENING -- Foliage, berms, 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 individual site conditions. SEASONAL PRODUCE BUSINESS -- The sale of seasonal farm products, fruits, vegetables or flowers. SEASONAL USE -- A use. which occupies continually a building or site for fewer than six months of the year. SEASONAL USE,RESIDENTIAL—A residence used less than six months of the year. SEAWALL- -a wall or embankment made to break the force of the waves and to protect the shore from erosion SELECTIVE CUTTING --The annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest,which removal does not involve the total elimination of one(1) or more particular species of trees. (37) SELF STORAGE FACILITY -- A structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on an individual basis. SEQRA--The State Environmental Quality Review Act. See 6 NYCRR Part 617. SERVICE DISTRICT--Any private or public entity which provides a public service to residents of all or any part of the town to include, among others, fire departments, water districts and sewer districts. SETBACK -- The established line, measured horizontally from the property line, beyond which no part of a building shall extend, except for the building eaves, which may extend 18" into the setback. (See "building line.") SHOPPING MALL/PLAZA -- A building or buildings, located on one lot, which may or may not be enclosed, containing numerous businesses, services and/or restaurants and accessory uses related to those businesses. SHORELINE --The mean high water mark at which land adjoins the waters of lakes, ponds,wetlands,rivers and streams within the town. The shoreline for non-Lake George bodies of water will defined as the contour line as established by the Mean High Water Mark(MHWM), the point on the bank or shore where the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction of vegetation,predominance of aquatic vegetation, or other easily recognized characteristic. SHORELINE BUILDING SETBACK -- The shortest distance measured horizontally, between any point of a principal building or accessory structure in excess of one hundred (100) square feet in size (except docks and boathouses) and the shoreline of any lake,pond,river, wetland or stream. SHORELINE LOT WIDTH — The distance between the side lot lines of a lot measured as they intersect the shoreline of any lake or pond or any river or stream navigable by boat,including a canoe. SIGN -- Includes every sign, billboard, freestanding sign, portable freestanding sign, wall sign, window sign, illuminated sign and temporary sign, and includes any announcement, declaration, demonstration, device, display, illustration or insignia used to advertise or promote the interest of any business or commercial enterprises when the same are placed on the premises on which the businesses are conducted so that they are clearly visible to the general public from an out-of-door position. (38) SINGLE-FAMILY DWELLING -- A building, not including a mobile home, of one or more stories of height above the main grade level, which is designed or used exclusively as the living quarters for one family, whether seasonal or year round. SITE PLAN-- A diagram drawn to scale showing the development plans for a lot, as outlined in these regulations. SITE PLAN REVIEW -- The review of the Site Plan by the Planning Board pursuant to Article 9 of this Chapter. SKI CENTER -- Any trail or slope for Alpine (downhill) and/or Nordic (cross- country) skiing, snowboarding and snow tubing, including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto. The definition includes the term "ski facility". SLOPE --The degree of deviation of a surface from the horizontal,usually expressed in percent or degrees. SPECIAL USE--A use that requires and must comply with the standards of a special use permit pursuant to this Chapter. SPECIAL USE PERMIT -- The approval for a special use granted pursuant to the procedures and requirements set forth in Article 10 and any other supplementary requirements for specific uses set forth in Article 5 of this Chapter. SPORTSMEN'S CLUB/FIRING RANGE -- A tract of land where persons may hunt, fish, fire weapons, practice archery or engage in related activities, and in which membership is a condition of use. Note that a firing range is considered any facility either out of doors or within a building, which is designed to accommodate the discharge of firearms and usually includes targets or skeet launchers. STABILIZATION -- The proper placing, grading and/or covering of soil, rock or earth to increase their resistance to erosion, sliding or other movement. STATE --The State of New York. STATE AGENCY -- Any state department, bureau, commission, board or other agency,public authority or public benefit corporation. (39) STOP WORK ORDER -- An enforcement order issued pursuant to § 179-17-030 of this Chapter which orders construction or any activity that is in violation of this Chapter to cease. STORAGE SHED -- An accessory building used to store materials or small equipment, not including trucks, automobiles or recreational vehicles, which supports the principal use of the site. STORAGE YARD -- A site and/or buildings where materials, supplies or personal items are stored. STORM DRAINAGE SYSTEM -- All structural works and grounds alterations, as well as natural drainage patterns, which affect or regulate the flow of surface drainage, including those used to intercept, collect and transmit water or to discharge water above or below ground level. STREET -- A way for vehicular traffic, whether designated as a "street," "highway," "thoroughfare," "parkway," "throughway," "road," "avenue," "boulevard," "lane," "cul-de-sac," "place" or however otherwise designated, and includes the entire area within the right-of-way. (See "Right-of-way.") STREET, ARTERIAL--A road serving comparatively large volumes of high speed, long-distance or through traffic and which also provides access to abutting properties. STREET, COLLECTOR -- Relatively low speed road that provides access to abutting properties and which link development roads, collector roads, or other local roads to major traffic roads. STREET, LOCAL -- A street which is used primarily for access to the abutting residential properties. STREET, MARGINAL -- A street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic. STREET, PRIVATE -- Access drive that serves two or more lots and is maintained by private ownership,not the Town of Queensbury. STREET OR ROAD GRADE -- The officially established grade of the street upon which a lot fronts, or if there is no officially established grade, the existing grade of the street shall be taken as the "street grade." (40) STREET PAVEMENT/CARRIAGEWAY -- The wearing or exposed surface of the roadway used by vehicular traffic. STREET WIDTH -- The distances between property lines on opposite sides of the street. STRUCTURE -- Any object constructed, installed or permanently placed on land. (See 'BUILDING"). SUBDIVIDER -- Any person, firm, corporation, partnership or association, or successors in interest to any such parties, who shall lay out any subdivision or part thereof, as defined herein, either for himself or others. SUBDIVISION -- A division of any residential, commercial or industrial land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person or by any other person controlled by, under common control with any such person or group of persons acting in concert as part of a commons scheme or plan; provided, however, that this shall not apply to conveyances of small amounts of land to correct a boundary of a lot so long as such conveyance does not create additional lots. For the purposes of these regulations, a condominium shall be reviewed as a subdivision. SURVEY -- The determination of the location of land boundaries and natural and man-made objects, by means of surveying instruments. SURVEY MAP -- A drawing made to scale based upon survey measurements showing land boundaries, natural and man-made objects, made by or under the direction of a New York State licensed land surveyor. SURVEYOR -- A person permitted to act as a land surveyor by the State of New York. SWIMMING POOL --A structure, either permanent or temporarily designed, for the purpose of wading or swimming and holding more than 100 gallons of water. TAVERN -- A place in which the principal income is derived from the sale or serving of alcoholic beverages for consumption on the premises, with or without live entertainment. TELECOMMUNICATIONS TOWER -- Any ground mounted pole, spire, or combination thereof, taller than thirty-five (35) feet in height, including supporting lines, cables, wires, braces and masts built for the purpose of mounting a (41) telecommunications facility, including telephone service, which is capable of receiving and/or transmitting signals. THEATER, LIVE - - A building or part of a building devoted to dramatic, dance, musical or other live performances. THEATER, MOVIE -- A building or part of a building devoted to showing motion pictures. THEATER, OUTDOOR -- An open lot devoted primarily to the showing of dramatic, dance, musical or other live theatrical productions or performances. A outdoor theater may include a refreshment stand, stages and lighting structures as accessory uses. TIMBER HARVESTING -- The cutting of trees for commercial gain, except for clearing of lots and land that is not subject to regulation pursuant to this ordinance. Timber harvesting, in excess of the acreages listed in §179-6-010, is subject to site plan approval. TOURIST ACCOMMODATION -- A building or group of buildings, whether detached or in connected units, used as individual sleeping or temporary dwelling units, designed for transients and providing for accessory off-street parking facilities. The term "tourist accommodations" includes buildings designated as "tourist courts," "motor lodges," "motels," "hotels," "bed-and-breakfast," "overnight cabins," "housekeeping units" and similar facilities. TOURIST ATTRACTION -- Any man-made or natural place of interest open to the general public, including but not limited to animal farms, amusement parks, replicas of real or fictional places, things or people and natural geological formations. TOWN-- The Town of Queensbury in Warren County, New York. TOWNHOUSE--A dwelling unit which is one of a series of units,having a common party wall between adjacent units, each with a private outside entrance, each with its own separate lot of record. TRADESHOW -- An exhibition of businesses or companies which highlights a specific industry or product. TRAVEL TRAILER or TRAVEL VEHICLE -- Any portable vehicle, including a tent camper or motor home, which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, (42) 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. TRUCK DEPOT - - the place for the division of bulk or storage and transfer of cargo from and to trucks of one or more companies which may include vehicle and ancillary storage and vehicle repair shops as well as associated dispatch and general offices. TV or RADIO STATION -- A facility used in connection with the provision of wireless communication services, including cellular telephone services, personal communication services, radio and television broadcasting services, and are regulated by the Federal Communications Commission, both in accordance with the Telecommunications Act of 1996 and other federal laws. A broadcasting antennae or tower in excess of 35 feet in height is regulated as a telecommunications tower. UNIFORMITY RATIO -- The average level of illumination in relation to the lowest level of illumination for any area. For example, an illumination ratio of 4:1 would mean that the lowest level of illumination should be no less than four times less than the average level of illumination. VARIANCE, USE -- The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this Chapter. VARIANCE, AREA--The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this Chapter. VEHICLE REFUELING STATION -- A lot occupied or used for the sale of oil or other motor fuel, and which may include the sale of lubricants, tires and accessories for motor vehicles, including facilities for greasing, washing, cleaning, polishing or otherwise servicing vehicles, but not including painting or major repairing thereof. Such use may also include the sale of retail items similar to those sold in a convenience store. VESSEL --Every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water. VETERINARY CLINIC -- A facility providing health services and medical or surgical care to animals suffering from illness, disease, injury, deformity and other abnormal conditions, including related facilities such as laboratories and boarding facilities. (43) WAREHOUSE -- A building used primarily for the temporary storage of goods and material associated with retail, commercial, or industrial uses. Warehouses may be classified as either principal or accessory structures depending on the classification and context of the use. WASTE DISPOSAL AREA -- Any area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use. WASTE TREATMENT SITE -- Any building, structure or area where sewage is treated. WATER FRONTAGE- - The linear footage of a lot along a shoreline. WATERSHED -- The land area, which drains into a stream or river used for drinking water. The watershed delineates the boundaries of the Watershed District, which sets development standards for impervious surface areas and water quality. WATERSHED MANAGEMENT OR FLOOD CONTROL PROJECT -- Any dam, impoundment, dike, riprap or other structure or channelization 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. Any such project for which a permit or approval is required prior to commencement from the Department of Environmental Conservation is not a "watershed management or flood control project" or a use for the purposes of this chapter. WATER SOURCES -- Water sources include ponds, lakes, wetlands and watercourses, aquifers,floodplains,and drainage retention areas. WETLANDS -- Any land that is regulated as a wetland by the Adirondack Park Agency, the NYS Department of Environmental Conservation and/or the US Army Corps of Engineers. WHOLESALE BUSINESS -- A use in which goods are sold to members of a trade or organization,but not to the general public. YARD --An open unoccupied space on the same lot with a building or structure, YARD, FRONT -- A yard that extends the full width of the lot and is situated between Lot Front Line 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 Lot Front line or shoreline. (44) YARD, REAR --A yard 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 or canopies and decks, whether or not enclosed. (See § 179-4-090, Lots Bounded by Two Roads or a Road and a Shoreline.) YARD, SIDE -- 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 or canopies and decks, whether or not enclosed. (See § 179-4-090, Lots Bounded by Two Roads or a Road and a Shoreline.) ZONING ADMINISTRATOR--The appointed Town official who is responsible for overseeing and coordinating the administration of this Chapter and Chapter Al83 - Subdivision Regulations. ZONING DISTRICT -- The particular area of the Town as established and depicted on the Zoning Map for which particular regulations governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniformly applied in that area. Also referred to as DISTRICT. ZONING MAP --The official map of the Town adopted and as amended pursuant to this Chapter,which depicts the boundaries of the zoning districts of the Town. ZONING PERMIT -- The authorization issued by the Zoning Administrator for a permitted use or an approved use. (45) ARTICLE 3 Zoning Districts § 179-3-010 Map Adopted The boundaries for each zoning district listed as part of this chapter are the boundaries depicted on the map entitled the "Town Zoning Map of the Town of Queensbury," as amended from time to time, which map is on file with and available from the Town and is hereby adopted and declared to be part of this chapter and hereinafter known as the "Town Zoning Map." § 179-3-020 Interpretation of District Boundaries A. 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: 1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, highways or railroads, such lines shall be construed to be district boundaries. 2. Where district boundaries are indicated as approximately following a stream centerline, or shoreline of a lake or other body of water, such stream, lake or body of water shall be construed to be such district boundaries at the centerline of streams and the mean high water mark (if so defined) the identified shoreline of lakes and other water bodies, unless otherwise noted. 3. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. 4. Where district boundaries are not indicated as approximately following the items listed in Subsection A 1, 2 and 3 above, the boundary line shall be determined by the use of the zone depth key as designated on the Zoning Map. 5. Whenever any street, alley or other public way is abandoned 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. 6. Zoning districts shall be construed to extend into the water to the boundaries of the Town line. B. 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. (46) § 179-3-030 Adirondack Park Land Use and Development Plan Map A. 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," as amended from time to time, which accompanies this chapter and which is hereby adopted and declared to be part of this chapter and hereafter shall be known as the "Park Plan Map." B. 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 chapter, concurrently with that amendment without further action, and the Park Plan Map shall be promptly changed in accordance with that amendment. The amendment provisions of Article 15, Amendments, of this chapter 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. § 179-3-040 Establishment of Zoning Districts The zoning districts established by this chapter, are as follows: A. Residential Districts 1. Land Conservation LC-42A and LC-10A. The LC districts encompass areas where land has serious physical limitations to development or unique characteristics that warrants restricting development to very low densities. It is also an area that adds to the town's rural character and should also be protected as such. This area of the Town is described in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007 and the districts retain the same boundaries as set forth in the town's 2002 zoning law and map. a. Uses Allowed: The uses allowed in this district are set forth on Table I of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: (a) LC-42A: 42 acres per dwelling unit or principal non-residential building (b) LC-10A: 10 acres per residential dwelling unit or principal non- residential building ii. Front yard setback: 100 feet ill. Side yard setback: 100 feet (47) iv. Rear yard setback: 100 feet v. Shoreline/Stream/Wetland setback: 200 feet vi. Lot width: 500 feet vii.Road frontage: 400 feet viii. Water frontage: 400 feet ix. Building height: 35 feet x. Percent permeable: 95% c. Subdivision Requirements: i. Minimum area for clustering : (a) LC-42A: 210 acres (b) LC-10A: 50 acres ii. Design standards and requirements as set forth in section 179-4-010(A)(i) of Article 4. iii. Flag lots: allowed per requirements set forth in section 179-4-010(A)(i)(3) of Article 4. d. Residential development guidelines: Design guidelines for placement of new residential dwellings are set forth in Article 4 of this chapter. e. Non-residential development guidelines: Design guidelines for non- residential development are set forth in of Article 4 of this chapter. 2. Rural Residential. The Rural Residential (RR) districts are intended to preserve and enhance the natural open space and rural character of the Town by limiting development to low densities. Low densities are warranted in this area of the town due to natural features (such as steep slopes, wetlands, and limiting soils) as well as marginal access to populated areas. This area of the Town is described in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007. In addition, and perhaps most importantly, this is the land area of the town that is extremely important to the preservation of its rural character. As such, the district is intended to promote open spaces and rural design. a. Uses Allowed. The uses allowed in this district are set forth in Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: a) RR-5A: Five (5) acres per dwelling unit b) RR-3A: 3 acres per dwelling unit ii. Front yard setback: 100 feet iii. Side yard setback: 75 feet iv. Rear yard setback: 100 feet v. Shoreline/Stream/Wetland Setback: 75 feet vi. Lot width: 400 feet vii. Road frontage: 400 feet viii. Water Frontage: 200 feet ix. Building Height: 40 feet, 35 feet in the Adirondack Park x. Percent permeable: 75% (48) c. Subdivision requirements: i. Minimum Area for clustering: RR 3A: 15 acres, RR 5A: 25 acres ii. Design standards and requirements are set forth in Article 4. iii. Flag lots allowed per requirements set forth in Article 4. d. Residential development guidelines: Design guidelines for placement of new residential dwellings are set forth in § 179-4-010 of this chapter. 3. Moderate Density Residential . The Moderate Density Residential (MDR) district is intended to protect the character of Queensbury's low, medium and high density, strictly single family neighborhoods and to create more walkable neighborhoods. This area of the Town is described in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007. a. Uses Allowed. The uses allowed in this district are set forth on Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: (a) 2 acres per dwelling unit if not connected to public sewer and water systems (b) 1 acre per dwelling unit if connected to public sewer and water systems ii. Front yard setback: 30 feet iii. Side yard setback: 25 feet iv. Rear yard setback: 30 feet v. Shoreline/Stream/Wetland Setback: 150 feet vi. Lot width: 100 feet vii.Road frontage: 100 feet viii. Water frontage: 100 feet ix. Building Height: 40 feet (35 feet if within Adirondack Park boundaries x. Percent permeable: 50% c. Subdivision requirements: i. Minimum Area for clustering. 2 acres with 50% of subdivided property remaining as meaningful open space. ii. Design standards and requirements are set forth in section 179-4-010(B)(i)- of Article 4. d. Residential development guidelines: Design guidelines for placement of new residential dwellings are set forth in section 179-4-010(B)(ii) of Article 4 of this chapter. e. Non-residential development guidelines: Design guidelines for non- residential development are set forth in Article 4 of this chapter. 4. Neighborhood Residential. The Neighborhood Residential (NR) district encompasses areas of older, more traditional, high density neighborhoods. Areas subject to intense development pressure, located near service areas, are similarly zoned. This district is intended to protect and enhance traditional, high-density (49) neighborhood character while providing the opportunity for infill and high- density housing. This area of the Town is described in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007 a. Uses Allowed. The uses allowed in this district are set forth on Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: (a) 0.5 acre per dwelling unit if not connected to public sewer and water systems (b) 10,000 square feet per dwelling unit if connected to public sewer and water systems ii. Front yard setback: 20 feet iii. Side yard setback: 10 feet if buildings not connected or 0 feet for row housing which is encouraged iv. Rear yard setback: 15 feet v. Shoreline/Stream/Wetland setback: 50 feet vi. Lot width: 50 feet vii.Road frontage: 50 feet viii. Water frontage: 50 feet ix. Building Height: 40 feet (35 feet if within Adirondack Park boundaries) x. Percent permeable: 35% c. Subdivision requirements: i. Minimum Area for clustering: clustering or conservation design not permitted. ii. Design standards and requirements are set forth in section 179-4-010(C)(i) of Article 4. d. Residential development guidelines: Design guidelines for placement of new residential dwellings are set forth in § 179-4-010(c) of this chapter. 5. Waterfront Residential . The purpose of the Waterfront Residential (WR) district is to protect the delicate ecological balance of the Town's lakes and the Hudson River as well as to enhance the aesthetics of waterfront areas while providing adequate opportunities for development. This area of the Town is described in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007, and formerly consisted of WR-3A and WR-lA zoning districts set forth in the town's 2002 zoning law. a. Uses Allowed. This district allows single-family residences, boathouses and hunting and fishing cabins (of less than 500 square feet) as permitted uses (requiring only a zoning permit) and allows marinas and commercial boat sales, servicing and storage uses by special use permit. A complete list of uses allowed in this district is set forth on Table 1 of this chapter. (50) b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: 2.0 acres per dwelling unit ii. Front yard setback: 30 feet iii. Side yard setback: Varies by I widths listed below: Lot Width Side Setback Required 0 to 50 feet 12 feet > 50 feet and < 60 feet 15 feet > 60 feet and < 150 feet 20 feet 150 feet and greater 25 iv. Rear yard setback: 30 feet v. Shoreline/Stream/Wetland Setback: 50 feet or 75 feet (see zoning map) vi. Lot width: 150 feet vii.Road frontage: 150 feet viii. Water frontage: 150 feet ix. Building Height: 28 feet, 16 feet for accessory structures x. Percent permeable: 75% xi. Floor Area ratio: 22% c. Subdivision requirements: i. Minimum Area for clustering: clustering or conservation design: 4 acres ii. Design standards and requirements: as set forth in Article 4. d. Residential development guidelines: Design guidelines for placement of new residential dwellings and conversions of seasonal residences are set forth in sectionsl79-4-010(D)(ii) and 179-4-010(D)(iii) of Article 4 of this Chapter. e. Septic system certification: All development activities, including new construction, expansions or extensions, conversions and remodeling, for all uses that require septic systems that commence subsequent to the effective date of this section, shall be required to establish that septic systems comply with the most recently adopted standards and requirements or to update systems accordingly. Written certification from a professional engineer and/or from the Town engineer as to compliance of existing, updated or new systems shall be required prior to the issuance of a zoning permit or building permit. In addition, any septic system that fails, shall be required to be reconstructed with a design that meets the most recently adopted standards. f. Shoreline clearing, alteration, access. The clearing of any area within 50 feet of a shoreline, the alteration of a shoreline or the provision of shared access to an area within 50 feet of a shoreline, including but not limited to shared access of shoreline areas, must comply with the requirements set forth in section 179-4-010(D)(iv). 6. Parkland Recreation PR-42A The PR district encompass areas where lands are controlled by municipalities and are set aside for the protection of natural resources or recreational activities and which can support minimal development or low-impact land uses of very low densities. This area of the Town is described (51) in the Neighborhoods section of the Comprehensive Plan, adopted on August 6, 2007, and this district remains unchanged from what was provided under the 2002 Zoning Law. a. Uses allowed: The uses allowed in this district are set forth on Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: 42 acres per principal use/structure ii. Front yard setback: 100 feet iii. Side yard setback: 100 iv. Rear yard setback: 100 feet v. Shoreline/Stream/Wetland setback: 150 feet vi. Lot width: 800 feet vii. Lot depth: 800 feet viii. Road frontage: 400 feet ix. Water Frontage: 800 feet x. Building Height: 35 feet xi. Percent permeable: 90% c. Subdivision requirements: i. Minimum Area for clustering: clustering or conservation design: 210 acres ii. Design standards and requirements: as set forth in section 179-4-010(A)(i) of Article 4. d. Non-residential development standards: The standards and requirements set forth in Articles 4 of this chapter shall apply to all non-residential uses in this district where applicable. B. Commercial Districts 1. Enclosed Shopping Center ESC. The ESC district encompasses those areas where shopping center development exists or is anticipated. The intent of this district is to ensure that shopping center development, as well as compatible commercial infill development provide safe access points, coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environments and safe pedestrian circulation. This area of the Town formerly consisted, under the 2002 zoning law, of the same district boundaries as is currently established herein but with the zoning district designation of ESC-25A. a. Uses allowed: The uses allowed in this district are set forth on Table 12 of this chapter. Free standing buildings are permitted in this district. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: 1.0 acre per principal use with a minimum of 0.5 acres per 4000 square feet of floor area ii. Front yard setback: 40 feet iii. Side yard setback: 30 (52) iv. Rear yard setback: 30 feet v. Shoreline/Stream/Wetland setback: 150 feet vi. Lot width: 500 feet vii.Road frontage: 75 feet viii. Water frontage: 200 feet ix. Building Height: 40 feet x. Percent permeable: 20% xi. Percent landscaped: 15% c. Development standards: The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. 2. Office: The Office District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high-quality offices where structures and facilities are constructed with particular attention to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The Office District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. a. Uses allowed: The uses allowed in this district are set forth on Table 1 of this chapter. In addition: i. No residential uses shall be allowed within three hundred (300) feet of arterial roads. ii. Both commercial and residential uses are allowed beyond 300 feet back from the arterial road. iii. Large offices are prohibited uses the Gurney Lane Office district. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: (1) Non-residential: 0.5 acres per 7000 square feet of floor area per story (2) Residential: 1.0 acres per 8 residential dwelling units (whether or not included with non-residential floor area) (3) Required lot size for all uses shall depend on site being able to accommodate buildings, parking areas, landscaping and other site features. ii. Front yard setback: 75 Feet or 100 feet from Critical Environmental Areas, whichever is more restrictive iii. Side yard setback: 25 feet (unless adjacent to other (non-mixed use) district, then buffer requirements apply) or 100 feet from Critical Environmental Areas, whichever is more restrictive (53) iv. Rear yard setback: 25 feet (unless adjacent to other (non-mixed use) district, then buffer requirements apply) or 100 feet from Critical Environmental Areas, whichever is more restrictive v. Shoreline/Stream/Wetland setback: 75 feet or 100 feet from Critical Environmental Areas, whichever is more restrictive vi. Lot width: 250 feet vii. Road frontage: 75 feet viii. Water frontage: 80 feet ix. Building height: maximum of 40 feet X. Maximum building size: footprint: 75,000 square feet; total: 150,000 square feet xi. Percent permeable: 35% xii. Percent landscaped: 15% xiii. Development standards: The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. In addition, there are specific design standards and guidelines for mixed- use developments as set forth in Article 7 of this chapter. 3. Commercial Intensive (CI) - The Cl districts comprise that area of Queensbury that already has intense commercial development. The purpose of this district is to provide for continuing infill development of this type, while encouraging the overall improvement and appearance of these areas. i. Uses allowed: A complete list of uses allowed in the HCI district is set forth on Table 1 of this chapter. ii. All uses in this district must comply with the following requirements (note that all are minimum requirements except density, building height and size which are maximum restrictions): a. Minimum lot size: 1 acre b. Front yard setback: 75 feet c. Side yard setback: 20 feet minimum with a minum total of 50 feet both sides d. Rear yard setback: 25 feet e. Shoreline/Stream/Wetland: 75 feet Lot width: 150 feet g. Road frontage: 50 feet h. Water frontage: 150 feet i. Building height: maximum of 2 stories and 40 feet j. Floor Area Ratio: 0.3 k. Percent permeable: 30% 1. Percent landscaped: 30% 4. Commmercial Moderate (CM) - The CM district is that area of Queensbury that already has moderate levels of commercial development and where surrounding patterns of land use dictate less intensive development than in the HCI district. (54) i. Uses allowed: A complete list of uses allowed in the HCI district is set forth on Table 1 of this chapter. ii. All uses in this district must comply with the following requirements (note that all are minimum requirements except density, building height and size which are maximum restrictions): a. Mininum lot size: I acre b. Front yard setback: 50 feet c. Side yard setback: 20 feet minimum with a minimum total of 50 feet both sides d. Rear yard setback: 25 feet e. Shoreline/Stream/Wetland: 75 feet Lot width: 150 feet g. Road frontage: 50 feet h. Water frontage: 150 feet i. Building height: maximum of 2 stories and 40 feet j. Floor Area Ratio: 0.3 k. Percent permeable: 30% 1. Percent landscaped: 30% 5. Main Street. The Main Street (MS) district includes those areas of the Town where there is potential to create a traditional main street environment which include a streetscape of relatively small scale stores and businesses that are arranged at build-to lines promoting pedestrian activity and a vehicular traffic- slowing aesthetic. This area of the Town is described in the Commercial Corridors section of the Comprehensive Plan, adopted on August 6, 2007, and contains a portion of what was formerly Highway Commercial Moderate (HC- Mod)under the 2002 Zoning Law. (a) Uses allowed: This district primarily allows a variety of retail, office, personal and business service uses (excluding auto service) at a scale that is appropriate to traditional rural town main streets. In addition, dwelling units on the first floor are prohibited, and dwelling units above first or second floors are allowed and encouraged. Such uses will require site plan review and approval. Restaurants and taverns will be allowed by special use permit. A mixture of uses in a building is also allowed. A complete list of uses allowed in the MS district is set forth on Table 1 of this chapter. (b) Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density,building height and size which are maximum restrictions): (i) Density: 15000 square feet land area per principal use with a minimum lot size of 15000 square feet per 2000 square feet of floor area (ii) Front yard setback: build-to line required (see section 179-7- 070(A)(1)(c)) (iii) Side yard setback: 0- 20 (unless adjacent to other (non-mixed use) district, then buffer requirements apply) (iv) Rear yard setback: 10 feet (unless adjacent to other (non-mixed use) district, then buffer requirements apply) (55) (v) Shoreline/Stream/Wetland setback:-50 feet (vi)Lot width: 50 feet (vii) Road frontage: 50 feet (viii) Water frontage: 75 feet (ix)Building Height: 4 stories and 50 feet (x) Maximum building size: footprint: 20,000 square feet; total: 80,000 square feet (xi)Percent permeable: 10% (xii) Percent landscaped: 5% i. Development standards: The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. In addition, large scale uses shall submit and have approved a long-term plan (15 years or more) as part of the site plan submittal that defines all uses, intensities of uses, entertainment and/or recreational activities and any other features of the use that is deemed relevant by the Planning Board. 6. Recreation Commercial. The Recreation Commercial district is intended to isolate, protect and encourage expansion of the recreation industry. Large-scale uses will be required to produce long-range plans defining uses, intensities, etc. This area of the Town has the same district boundaries as under the 2002 Zoning Law. a. Uses allowed: This district primarily allows a variety of outdoor recreation uses such as amusement centers, campgrounds, golf courses, as well as restaurants and lodges. All uses require site plan review and approval with the exception that outdoor concert events require a special use permit. A complete list of the uses allowed in the RC district is set forth on Table 1 of this chapter. in. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: 1500 square feet per principal building or use with a minimum of 15000 square feet per 2000 square feet of floor area ii. Front yard setback: 30 feet iii. Side yard setback: 20 (unless adjacent to residential district, then buffer requirements apply) iv. Rear yard setback: 20 feet (unless adjacent to residential district, then buffer requirements apply) V. Shoreline/Stream/Wetland: 75 feet vi. Lot width: 75 feet vii. Road frontage: 75 feet viii. Water frontage: 200 feet ix. Building Height: 35 feet X. Percent permeable: 30% n. Development standards: The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. In addition, large (5 6) scale uses shall submit and have approved a long-term plan (15 years or more) as part of the site plan submittal that defines all uses, intensities of uses, entertainment and/or recreational activities and any other features of the use that is deemed relevant by the Planning Board. 7. Neighborhood Commercial: a. Uses allowed: This district primarily allows a variety of uses intended to enable residents of Queensbury's outlying areas to obtain staples, necessities and other goods from small-scale neighborhood oriented shopping centers without traveling to major commercial centers. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: One acre per principle use or structure ii. Front yard setback: 40 feet iii. Side yard setback: 20 feet iv. Rear yard setback: 15 feet V. Shoreline/Stream/Wetland: 75 feet vi. Lot Width: 50 feet vii. Lot depth: 100 feet viii. Road frontage: 50 ix. Water frontage: 75 feet X. Building Height: 30 feet xi. Percent permeable: 30 percent C. Industrial Districts 1. Commercial-Light Industrial. The purpose of the Commercial-Light Industrial (CLI) district is to provide for mixed commercial and light industrial uses in order to maximize utilization of this area of the Town that will enhance the Town's tax base and provide quality jobs particularly those areas that are in transition between older industrial uses and newer commercial warehousing and retail uses. This area of the Town is described in the Industrial Corridors/Economic Development section of the Comprehensive Plan, adopted on August 6, 2007, and merges the former CI-lA and LI districts provided under the 2002 Zoning Law. a. Uses allowed: This district allows light industrial uses which is its main focus, as well as warehousing, storage, and truck depot uses. In addition, commercial uses such as retail and services are allowed with certain restrictions as to size and location. These restrictions are provided to insure that the district's purpose remains light industry and that the non-industrial uses do not predominate but serve as compatible infill to serve the area. All allowed uses require site plan review. A complete list of the uses allowed in this CLI district is set forth on Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except (57) density and building height (and building size for retail) which are maximum restrictions): i. Density: 1 acre minimum per principal use/structure ii. Front yard setback: 50 feet iii. Side yard setback: 30 (unless adjacent to other non-commercial/non- industrial district, then buffer requirements apply) iv. Rear yard setback: 30 feet (unless adjacent to other non-commercial/non- industrial district, then buffer requirements apply) v. Shoreline/Stream/Wetland setbacks: 75 feet vi. Lot width: 200 feet vii. Lot depth: 200 feet viii. Road frontage: 100 feet ix. Water frontage: 200 feet x. Building Height: 50 60 feet xi. Maximum building size: 40,000 square feet total for retail uses only; no limit for industrial uses xii.Percent permeable: 30% xiii. Percent landscaped: 15% c. Development standards: The standards and requirements set forth in Articles 4 and 7 of this chapter shall apply to all uses in this district. In addition, for all retail uses (including but not limited to business, personal and food service uses) the building footprint and/or area of use must be wholly located within 500 feet of the frontage road. 2. Heavy Industry HI. The HI district provides opportunities for the expansion of heavy industry without competition from other land uses. Large scale manufacturing plants that often require access to rail transportation and are often considered incompatible with other land uses will be given maximum opportunity to flourish in this district. This area of the Town is described in the Industrial Corridors/Economic Development section of the Comprehensive Plan, adopted on August 6, 2007, and this district remains unchanged from what was provided under the 2002 Zoning Law. a. Uses allowed: This district allows both heavy and light industrial uses with only a few other uses such as warehousing, truck depot, junkyard and adult uses. All uses are allowed pursuant to either site plan review and/or special use permit. A complete list of the uses allowed in this HI district is set forth on Table 1 of this chapter. b. Dimensional requirements: All uses in this district must comply with the following requirements (note that all are minimum requirements except density and building height which are maximum restrictions): i. Density: 3 acres minimum per principal use/structure ii. Front yard setback: 100 feet iii. Side yard setback: 50 (unless adjacent to other non-commercial/non- industrial district, then buffer requirements apply) iv. Rear yard setback: 50 feet (unless adjacent to other non-commercial/non- industrial district, then buffer requirements apply) (58) v. Shoreline/Stream/Wetland: 150 feet vi. Lot width: 300 feet vii.Lot depth: 400 feet viii. Road frontage: 100 feet ix. Water frontage: 200 feet x. Building Height: 60 feet xi. Maximum building size: no limit for industrial uses xii.Percent permeable: 30% xiii. Percent landscaped: 15% c. Development standards: The standards and requirements set forth in Articles 4 and 7 of this chapter shall apply to all uses in this district. 3. Veterans Field Light Industrial Park VF-LI. The purpose of this district is to allow the creation of a "Shovel Ready" industrial park such that allowed uses that meet the criteria of the SEQRA Findings for the creation of this district may proceed to construction. § 179-3-050 Establishment of Overlay Districts The overlay districts established by this chapter are as follows: A. Mobile Home Overlay See Section 179-4-020 B. Travel Corridor Overlay See Section 179-4-030 § 179-3-060 Planned Unit Developments A. The following Planning Unit Developments have been established by the Town Board: 1. Hiland Park PUD 2. Top of the World PUD 3. Hudson Pointe PUD 4. Bay Meadows PUD 5. Indian Ridge PUD B. The zoning requirements for these PUDs are on file in the Town Clerk's Office. § 179-3-070 Transfer of Development Rights Development densities may not be transferred from contiguous districts unless the Planning Board reviews the project as a clustered subdivision. In no case may (59) development rights or densities be transferred across the boundaries of land use areas established by the Adirondack Park Land Use and Development Plan. (60) ARTICLE 4 General Regulations § 179-4-010 Residential Design Requirements The following design requirements shall apply to residential development in the districts as designated: A. Rural design: New residential subdivisions, construction and/or development that occurs in the LC,PR and RR zoning districts shall comply with the following rural design requirements: 1. Subdivisions: a. Existing stonewalls, established hedgerows and/or mature tree lines shall be preserved and utilized, for establishment of lot lines and considered in the lot layout for design of subdivisions. b. Flag lots shall be allowed in order to provide more flexibility in design provided the following standards are met: (a) A maximum of one flag lot for every 3 frontage lots; (b) A minimum of 60 feet road frontage shall be required for the flag lot and, if applicable, an easement shall be provided to allow for future connections off of the flag lot or its road frontage; (c) All buildings on the flag lot shall be set back at least 125 feet from the closest rear property line of the abutting parcel(s). (d) Private roads are allowed in order to minimize public road frontage development and to increase flexibility of design. The road frontage along a private road that is approved by the Planning Board and is constructed in accordance to Town specifications may be used to satisfy the minimum road frontage requirements set forth in Article 3 above. 2. Non-subdivision development: a. Buildings shall be located in such a manner as to avoid placement in the middle of open fields. Building locations shall be encouraged to be placed at the edges of fields or in cleared areas next to fields wherever practicable; b. Buildings shall be located where existing vegetation and/or topography provides a natural buffer and screening from roads and neighboring properties; c. Clearing of vegetation and trees along roads shall be minimized so long as adequate site distances for driveways are maintained. The use of curves in driveways shall be utilized to screen buildings so long as right-angle intersections with roads are maintained for the last 50 feet of the driveway. d. Buildings shall also be sited so that existing vegetation and topography can be used as a background or integrated into the building site location. B. Moderate Density Residential design: New residential construction and/or development in the Moderate Density Residential zoning districts shall comply with the following design requirements: 1. Subdivisions: (61) a. Existing stonewalls, established hedgerows and/or mature tree lines shall be preserved and utilized, for establishment of lot lines and considered in the lot layout for design of subdivisions. b. Flag lots are not allowed. c. Private roads are not allowed. d. All subdivisions shall include connector streets with existing adjacent residential developments and/or the reservation of 50-foot wide right-of-ways or strips of land (paper streets) to allow for future connecting streets to lands that are as yet undeveloped but may utilized in the future for residential development. e. Easements with a minimum of 10 feet shall be required along the fronts of lots for provision of off-street sidewalks or pedestrian paths as well as lighting and utilities where applicable. f. Pedestrian and bicycle paths shall be provided to any common facilities and common open space within the subdivision as well as leading to any schools, playgrounds,parks, and/or public open space or recreational areas that are located in the vicinity of the subdivision. Bicycle circulation shall be accommodated on streets via a separate striped 4-foot wide lane on the street and/or on dedicated off-street bicycle paths that may or may not be shared as a pedestrian path. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. g. Street layouts shall provide for blocks that are generally in the range of 200- 800 feet deep by 500-1500 feet long. For large subdivisions, a variety of block and lot sizes shall be provided to facilitate housing diversity and to avoid uniformity of layout design. i. All Common Areas, including but not limited to stormwater drainage areas, detention ponds,parks, playgrounds and open space areas, shall be subject to written maintenance, ownership and usage arrangements that must be approved by the Planning Board and recorded against each lot in the subdivision. C. Neighborhood Residential design. New construction and/or development in the Neighborhood Residential zoning districts shall comply with the following design requirements: 1. Subdivisions: a. Shall follow traditional neighborhood general design concepts including: i. Relatively compact design that encourages walking ii. Provides a mix of uses and/or housing styles, types and sizes, iii. Incorporates a system of relatively narrow, interconnected streets with sidewalks, iv. Retains existing buildings with historical or architectural features that enhance the visual character of the community; b. Conservation design subdivisions are not allowed. c. Flag lots are not allowed. d. Private roads are not allowed. (62) e. All subdivisions shall include connector streets with existing adjacent residential developments and/or the reservation of 50-foot wide right-of-ways or strips of land (paper streets) to allow for future connecting streets to lands that are as yet undeveloped but may utilized in the future for residential development. f. Easements with a minimum of 10 feet shall be required along the fronts of lots for provision of off-street sidewalks or pedestrian paths as well as lighting and utilities where applicable. g. Pedestrian and bicycle paths shall be provided to any common areas within the subdivision as well as leading to any schools, playgrounds, parks, and/or public open space or recreational areas that are located in the vicinity of the subdivision. Bicycle circulation shall be accommodated on streets via a separate striped 4-foot wide lane on the street and/or on dedicated off-street bicycle paths that may or may not be shared as a pedestrian path. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. h. Sidewalks (4-5 feet in width depending on projected pedestrian and bike traffic) shall be provided. Sidewalks and walkways shall connect all dwelling entrances to the public sidewalk. i. Street layouts shall provide for blocks that are generally in the range of 200- 500 feet deep by 400-800 feet long. Block design shall be fairly uniform to allow for interconnected street layout. j. Lot widths shall create a relatively symmetrical street cross-section that reinforces the frontage street as a simple, unified public space. k. Small pocket parks and playgrounds shall be included in the subdivision, generally one such area for every new subdivision and an additional one for every 25 dwelling units. 1. All Common Areas, including but not limited to stormwater drainage areas, detention ponds, parks and playgrounds, shall be subject to written maintenance, ownership and usage arrangements that must be approved by the Planning Board and recorded against each lot in the subdivision. It is encouraged that such areas be offered for dedication to the Town. in. Where public transit service is available or planned, transit stops shall be provided and shall be placed in highly visible locations that promote security and are well-lighted. School bus stops shall also be planned and accommodated for in a similar fashion. D. Waterfront Residential Design. New residential subdivisions, construction and/or development in the WR zoning district shall comply with the following requirements: 1. Subdivisions: a. Existing stonewalls, established hedgerows and/or mature tree lines shall be preserved and utilized, for establishment of lot lines and considered in the lot layout for design of subdivisions, where practicable. b. Flag lots are not allowed. c. Private streets are not allowed but driveways shared by no more than 4 lots may be allowed upon Planning Board approval provided that such driveway is (63) appropriate for the location and a sufficient maintenance agreement is provided. d. Minimum shoreline frontage for each lot shall be 150 feet and shall be measured along the mean high water mark of the shoreline. e. All proposed subdivision plats shall show the proposed locations for all dwellings, accessory structures, wells and septic fields for Planning Board review and approval as part of the subdivision application process . i. Proposed building locations and site clearing shall be reviewed with consideration for views from the water to shore as well as from inland areas to the water. ii. Septic system plans shall be submitted as part of the subdivision process, or subsequent site plan review process, and be fully designed and approved prior to any construction or site preparation or clearing activities. 2. All development: a. The minimum setback from the mean high water line of the shoreline for all buildings and structures shall be a minimum of 50 feet or the average setback of the dwelling structures on the two adjoining lots, whichever is greater. b. The placement of all buildings and structures, except docks and boathouses, shall be screened by vegetation or landscaped or located in such a manner so that the view of the buildings or structures from the water and to the water is filtered or obscured and the visual impact is minimized; c. All patios and walkways between a residence and the shoreline shall be constructed of permeable materials wherever practicable; d. Construction on any land in the WR district shall be carried out in such a manner so as to minimize the erosion that may be caused by such activity; i. Construction, excavation and site clearing activities shall be carried out in the shortest time possible and best practice erosion and storm water management shall be required; ii. A plan for such management shall be approved by the code enforcement officer and implemented prior to the commencement of any construction, excavation or site clearing activities; iii. Shoreline areas, except beaches, shall not be exposed without vegetation for longer than the time period designated by the code enforcement officer, and when exposed for such allowable time period, shall adequately be protected from erosion; e. Lighting devices shall be oriented and limited so as to minimize disturbances on surrounding properties and so as not to unreasonably diminish or obstruct views from the water or to the water. 3. Conversions of seasonal residences: A conversion of a dwelling structure that had been previously used for seasonal purposes to a year-round residence shall be considered a change of use and shall require site plan review prior to such conversion as well as compliance with the following: a. The septic system servicing such residence or the proposed system shall meet all present, applicable health code requirements and plans shall be submitted and approved; (64) b. In no case shall the conversion be allowed to expand the existing exterior dimensions of the existing dwelling structure by more than one-third of the existing building floor area and all minimum setbacks must be met. 4. Shoreline alteration: No person shall construct, place, expand, alter or replace any seawall without first applying for, and obtaining, site plan approval from the Planning Board. In addition, site plan approval is required for any filling, grading, lagooning, dredging, ditching and/or excavating within the District where such activities affect a cumulative area greater than 200 square feet. The following standards shall apply to the foregoing activities: a. General Standards. i. The activity shall not alter the natural contours of the shoreline. ii. The activity shall not disturb shoreline vegetation except in a minimal way. Where vegetation is destroyed, harmed or removed, it shall be restored or replaced with indigenous vegetation listed in Section 179-8- 040(B). Stabilization shall be in accordance with the U.S. Soil and Water Conservation District engineering standards and specifications. iii. The activity shall be carried out in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat. iv. The activity shall be designed and carried out to preserve or enhance the aesthetic features of the shoreline area to be disturbed. v. All applicable federal, state and other governmental agency permits shall be obtained. b. Specific Standards: i. Filling. No fill shall be placed in this District except as associated with shoreline protective structures,beach replenishment, agricultural uses or other uses approved by the Planning Board. Any fill placed in the this District shall be protected against erosion. ii. Dredging. There shall be no removal or rearrangement of materials in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions,uses, and water quality and clarity. Where dredging is permitted by the Planning Board, soil materials shall not be deposited in this District unless approved by the Planning Board. iii. Seawalls:. The addition, expansion or replacement of any type of seawall shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is impossible due to excessive slope or severe erosion problems, a condition to be determined by the Zoning Administrator. Construction of seawalls shall not be permitted for only aesthetic reasons. When permitted, seawalls shall not exceed 16 inches in height, as measured from the stationary mean high water mark, and shall be constructed of native stone or wood. Treated lumber shall not be used below the mean high water mark. Seawalls greater than 100 square feet in area shall also require a shoreline setback variance. c. Tree cutting and land clearing regulations. The purpose of the tree cutting and land clearing regulations is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreline area. These provisions (65) shall not apply to the removal of dead, diseased or dying trees or to other vegetation that present safety or health hazards. Within this District, the removal of vegetation, including trees, shall be permitted on shorefront lots provided that the following standards are met: i. The requirements of Chapter 147 of the Code of the Town of Queensbury may be applicable to land disturbance activities in this District. ii. Existing vegetation on a site is to be maintained whenever possible. iii. As part of any permit submission, a survey of existing vegetation to include all trees with a diameter breast height of 3" or greater shall be provided for the development site. Vegetation to be maintained or removed shall be identified. iv. Site clearing shall be designed to impact the least amount of existing vegetation possible and only so as to accommodate proposed structures, site infrastructure and reasonable use of outdoor spaces to include walks and small lawn or open areas. (a) No more than 30% of the existing vegetation may be removed from a site. (b) Clearing of existing vegetation shall be accomplished in a manner that retains trees and groundcover and understory plantings in intact groupings of individual plants, rather than leaving single large trees susceptible to sun scald, wind throw and soil compaction. Sufficient protect of such groupings require no construction activity at a minimum of 10 feet outside of the dripline of tree canopies. In addition, tree roots greater than 4 inches in diameter shall not be severed. (c) With new construction, clearing shall be limited to a maximum of 20 feet from the foundation line or base line of proposed residential or commercial structures, with screen trees and vegetation preserved within that buffer to the greatest extent possible; 10 feet maximum from the edge of accessory buildings. (d) Unless otherwise demonstrated as necessary, all soil retention shall be accomplished with natural and vegetative stabilization methods rather than with structural means. (e) Clearing and trenching for utilities will be kept to the minimum width practicable or 15' maximum. Where above ground utilities may be sufficiently screened they may be employed, otherwise underground utility access and connection will be required. Visible clearcuts are prohibited; if necessary under exceptional conditions vegetative plugs will be employed to satisfactorily reduce their visual impact. (f) All utilities (to include but not be limited to on-site wastewater treatment, stormwater management systems, wells, etc.) shall be sited in a manner to limit the contiguous clearing. (g) Where site features and vegetation are unavoidably impacted by new construction, the vegetation and topography associated with essential site features and functions shall be restored to a condition which will (66) replicate immediately or over time the existing conditions which were impacted and restore those features to their effective functions. v. Any change in grade of 4" or more around existing trees in CEA areas requires the construction of tree wells if the grade is to be raised or a retaining wall if the grade is to be lowered to prevent damage and/or subsequent death to the tree. vi. Within 15 feet extending inland from all points along the mean high-water mark,no vegetation may be removed. This area shall be maintained as an undisturbed natural buffer strip. This distance shall be measured in the following manner: (a) Lake George: perpendicular and horizontal from the mean high water mark and inland. (b) Other water bodies: perpendicular and horizontal from the Ordinance high water mark (OWHM) and inland vii. The general exception to the above standards shall be an allowance for lake access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30 percent of the shoreline frontage on any individual lot or a maximum of 50 linear feet, whichever is less. The clear-cut shall be angled across the lot so as to allow for a view and access, but reduce runoff. Pedestrian pathways shall be located within this view corridor. viii. If not part of a view corridor,pedestrian paths (access areas to beach or dock) shall be limited to four feet and must be constructed of permeable materials such as paving stones, woodchips or composting decking with drainage slots. ix. Dead, diseased or dying trees may be removed only if they constitute a hazard and must be replaced (with reasonably similar vegetation) within 6 months if the approved site plan or shoreline vegetation minimum requirements are not being met. x. Where a shoreline lot owner violates this section, the Code Enforcement Officer shall require total re-vegetation so as to create a buffer strip area which is in compliance with this section. d. Use of Fertilizers: Fertilizer use within 50 feet of the shoreline is prohibited. Where allowed, fertilzers shall have a phosphorus content of 1% or less and contain slow release nitrogen. e. Provisions for Access. Within this District, the following minimum shoreline frontages shall be required for deeded, easement, right-of-way or other contractual access to the shoreline for three or more lots, parcels, or sites or multi-family dwelling units not having separate and distinct ownership of shore frontage: i. Site plan review and approval by the Planning Board pursuant to the standards below. ii. A plan shall be submitted showing areas for swimming, recreation, docking,building placement, parking and landscaping. iii. Compliance with the provisions of this section and this Chapter. (67) iv. Such use shall not significantly impair the natural appearance of said parcel; does not overcrowd the parcel or the adjacent water surface; does not produce unreasonable noise or glare to the surrounding properties; and does not pose any substantial hazards. v. The first three (3) lots, sites or dwelling units shall require a total of not less than 75 feet and each additional lot, site or dwelling unit shall require an additional five (5) feet of shoreline frontage. vi. Waterfront parcels may be developed for contractual access for five (5) or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels. vii. Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high water mark. viii. No structures other than toilet, changing facilities, picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of all structures shall not exceed 1000 square feet. ix. Commercial activities of any kind are prohibited. x. Parking areas shall be landscaped and shall be set back from the shoreline a minimum of 75 feet. § 179-4-020 Mobile Home Overlay Districts A. Purpose. The Town of Queensbury, in order to provide alternative housing types and to provide affordable housing, has identified areas within the town where mobile homes and mobile home parks may be located. B. Designated areas. Areas designated for single mobile home sites and for mobile home parks and subdivisions are shown on the zoning map. C. Regulations. The location, density, sitting and overall development of the mobile home parks, mobile home subdivisions or individual mobile home sites shall conform with all other sections of this chapter and Chapter 113, Mobile Homes. § 179-4-030 Travel Corridor Overlay Districts A. Purpose. The Town of Queensbury realizes that as the town and the region continue to grow, the need for improved local arterial roads will become important to the movement of traffic within the Town of Queensbury. In order to maintain the rural character along these roadways and/or to allow widening of these roadways in the future, increased setbacks for new construction has been established along the major regional arterials in the town. B. Designated arterials. The following roads shall comply with the requirements of the Travel Corridor Overlay Zone: (68) 1. Route 9 from the Glens Falls City line north to the Lake George Town line. 2. Ridge Road from the Glens Falls City line north to Route 149. 3. Corinth Road from the Luzerne Town line east to Route I-87. 4. Aviation Road from Route I-87 east to Route 9 (See below). 5. Route 149 from Route 9 east to the Fort Ann Town line. 6. Bay Road from the Glens Falls City line north to Route 149. C. Regulations. All buildings hereafter erected or altered within this Travel Corridor Overlay District shall be set back 75 feet from the edge of the road right-of-way. The setback along the south side of Aviation Road shall be 40 feet. Along Bay Road only, this seventy-five-foot setback shall be maintained as open space, as defined by this chapter. Additionally, within portions of the Rt. 9, Ridge Road, Aviation Road,Rt. 149 and Bay Road Travel Corridor Overlay Zones, design guidelines shall also apply (See Article 7). § 179-4-040 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 as noted in Article 3 of this Chapter. For shoreline setbacks in the waterfront district , also refer to § 179-4-010(D). § 179-4-050 Frontage on Public or Private Streets Except in the Rural Residential districts, 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 for one principal building shall be at least 50 feet, and such frontage shall provide actual physical access to and from the lot to be built upon, for purposes of ingress and egress to the lot by emergency vehicles, such as fire trucks and/or ambulances. B. Where private roads are proposed or where multiple principal buildings are proposed for one lot, such as but not limited to, mixed use developments, apartments or an office park, the minimum frontage on a public road for such use shall be the width of the right-of-way for a public collector street. Such development shall provide actual physical access to and from each principal building to be built upon the property, for the purpose of ingress and egress to each principal building by emergency vehicles, such as fire trucks and ambulances. § 179-4-070 Lots Bounded by Two Roads or a Road and a Shoreline The definitions of front, rear and side yard notwithstanding, where a lot is bounded by two roads (a public road or public right-of-way exclusive of private right-of-way), or a road and a shoreline, any front yard or setback requirements set forth in this chapter shall be met on both such boundaries. Both areas or sides of the lot adjacent to each road or (69) shoreline shall be considered front yards for chapter compliance purposes. The remaining areas shall be considered rear yards. The lot will be treated as if it had no side yards, but only front and rear yards, for zoning compliance purposes. 179-4-080 Setbacks for Porches, Canopies and Decks Covered porches or canopies and decks,whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard setback. § 179-4-090 Parking and Loading Regulations A. Off-street parking spaces shall be required for all buildings constructed, extended and enlarged . B. Each off-street space shall cbe shall be 9 feet in width by not less than 20 feet in depth for 30°, 60°, or 90' (angled) parking and not less than 25 feet in depth for 0° (parallel) parking, Parking lots may devote ten percent of the total number of spaces that are eight and one-half(8 %) feet wide by eighteen (18) feet long for the use of compact cars. C. For all parking lots, space necessary for safe pedestrian walkways shall be provided. The permeable portions of this space may count towards the permeability requirements found in Article 3. D. For lots over 24 spaces, 162 square feet of landscaping shall be required for every eight parking spaces. This landscaping space may be used to provide the pedestrian walkways required in Section D above. All may be counted towards the landscaping requirements. Parking design and landscaping requirements are found in §179-8-040 of this Chapter. E. Each parking space shall be reached by an access driveway at least 24 feet clear in width for two-way traffic or 12 foot clear in width for one-way traffic. One-way traffic driveways that also serve as fire apparatus access roads shall be at least 20 feet wide. F. Off-street parking schedule The Off street parking schedule is found on Table 5 which follows. Parking requirements for uses not listed in this schedule shall be determined by the Planning Board, which shall consider the requirement of the most similar use(s) in making its determination. TABLE 5: PARKING REQUIREMENTS Use Minimum Adult Use Establishment same as restaurant Amusement Center 1 per 200 sf of gross floor area (70) Agricultural Service Use 2 plus 1 per employee 1 per employee on the maximum working shift 1 per employee, Asphalt Plant 1 per company vehicle, and 1 per 1,000 square feet of building area Assembly operation/use 1 per employee on the maximum working shift plus 1 per company vehicle Auto body/repair shop 2 plus 2 per repair bay Automotive sales and 1 per 200 sf of floor area plus 1 per 500 sf of service service area Bank 1 per 200 sf of gross floor area Bed&Breakfast 1 per guest room plus 2 spaces Building Supply/lumberyard 1 per 200 sf of gross floor area Bus Storage 1 per employee, 1 per company vehicle,and 1 per 1,000 square feet of building area Campground 1 per campsite plus 1 per 200 sf of building area Car Wash 1 per bay plus 1 per 2 employees on the maximum working shift Cemetery 1 per 5 acres Chemical Plan 1 per 2 employees on the maximum workings shift plus 1 for each company vehicle Commercial boat 1 per 200 sf of floor sales area plus 1 per 600 sf of service area sales/service/storage Construction company 1 per 200 sf of office area plus 1 per company vehicle Convenience store 1 per 150 sf of floor area Use Minimum Convention Center 1 per 4 seats plus 1 per 2 employees Day Care Center 1 per 2 employees on the maximum working shift Distribution Center 1 per 2 employees on the maximum working shift plus 1 for each company vehicle Drive-in theater 1 per viewing stall plus 1 per employee on the maximum working shift Dwelling unit 2.25 per dwelling unit (71) j Electric power plant 1 per 2 employees on the maximum working shift Heavy industry 1 per 2 employees on the maximum working shift Fuel Supply Depot 1 per company vehicle, 1 per employee and 1 per 500 square feet pp y p of office. Gallery 1 per 200 square feet Golf Course 3 spaces per hole Golf Driving Range 1 per stall and 1 per employee Health Related Facility 1 per 500 square feet Heavy Equipment Sales 1 per 500 square feet Hotel 1 per room and 1 per employee Junkyard 1 per 2 employees Kennel 1 per 600 sf of area devoted to the use Library 1 per 4 seats Light manufacturing 1 per 2 employees on the maximum working shift plus 1 for each company vehicle Limousine Service 1 per company vehicle, 1 per employee, 1 per 1,000 square feet of office Mineral Extraction 1 per company vehicle, 1 per employee and 1 per 1,000 square feet Lodge 1 space per 100 square feet Logging company 1 per 200 sf of office area plus 1 per company vehicle Use Minimum Marina 1 for each 2 boats for which a space is provided Mobile home sales 1 per 1,000 sf of area devoted to the use Motel 1 per guest room Movie theater 1 per 4 seats Nursery 1 per 300 sf of sales area plus 1 per 2 employees plus 1 per company vehicle Office, Small 1 per 300 sf of gross leasable floor area (72) Office,Large + 5 per 1000 sf of gross leasable floor area I Passenger limousine 1 per vehicle service Personal Service 1 per 300 sf of gross leasable floor area Establishment Place of worship 1 per 5 seating spaces in the main assembly area Produce Stand 2 per 100 sf of area devoted to the use Public or semi-public 1 per employee and 1 per 500 square feet of buildinEarea building Railroad service or repair 1 peElperycompany ees on the maximum working shift facility Recycling Center El per emplo vehicle and 1 per 500 square feet Repossession Business 1 per employee, 1 per 300 square feet of office plus vehicle storage area Research and development 1 per 2 employees on the maximum working shift plus 1 for each facility company vehicle 1 per 4 seats plus 1 per 2 employees,whichever is greater or if a Restaurant tavern is present,the requirement shall be the greater of the two uses Retail business same as enclosed shopping center Riding academy 1 per 2 horse stalls sand and gravel extraction 1 per 2 employees on the maximum working shift and processing Sawmill, chipping or 1 per 2 employees on the maximum working shift pallet mill School 3 per classroom grades K-9,4 per classroom all other uses Use Minimum Seasonal Produce 2 spaces Self-storage facility 1 per 5 storage units Shopping mal/plaza same as enclosed shopping center Single Family Dwelling 2 spaces (73) Sportsman's Club/Firing i 1 per shooting stall, or 1 per 2 seats in open assembly—whichever j Range i is greater Telecom Tower 1 space TV or radio station 1 per 400 sf of floor area Truck Depot 1 per company vehicle, 1 per employee and 1 per 1,000 square feet of office space Veterinary clinic 1 per 400 sf of floor area plus 1 per 2 employees Warehouse 1 per employee and 1 per company vehicle Wholesale business 1 per 300 sf of floor area G.. For any building or development having more than one use, both the minimum and the maximum number of spaces to be provided shall be calculated as described below. . 1. Calculate the number of spaces required for each use separately. 2. The use with the largest required number of spaces shall be considered the primary use. 3. Recalculate the number of parking spaces for each non-primary use by multiplying it by the sharing factor for uses in the table below. To find the sharing factor, compare each non-primary use to the primary use. (74) Table 2— Sharing Factors Use Residential Lodging Commercial Office (except office) Residential 1 0.9 0.8 0.6 Lodging 0.9 1 0.7 0.3 Commercial 0.8 0.7 1 0.8 (except office) Office 0.6 0.3 0.8 1 4. Add the number of spaces required by the primary use to all of the recalculated number of spaces for each non-primary use. This is the total number of spaces to be provided. 5. All parking spaces shall be available to all users. There shall be no restrictions with the exception of handicapped parking. 6. If land within a multi-use development is to be conveyed to different owners, the planning board shall require appropriate easements and deed covenants so that the shared parking arrangement shall remain between the various parcels for as long as the uses and/or structures exist. H. In general, parking shall be provided on the same lot as the principal use. However, parking may be provided on a separate lot or tax parcel at the discretion of the Planning Board if the separate lot of tax parcel is within 300 feet of the principal use, the two lots are under the same ownership with covenants, which tie the two lots together, and there is a safe way to transport people from one parcel to the other. I. In any district, the Planning Board may apply the shared parking formulas found in section H (above) to approve the joint use of a parking facility and a reduction in the parking requirement by two or more principal buildings or uses, either on adjacent or nearby parcels. , There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall: 1. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; 2. Be enforceable by either of the parties having beneficial use thereof as both; and 3. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns. J. All parking shall be lighted in accordance with the standards in § 179-6-020. (75) K When a change in the intensity of use of any building or structure would increase the required parking by ten (10) or more spaces, through an addition or change in the number of dwelling units, gross floor area, gross leasable floor area, seating capacity, or other units of measurement specified herein, the increment of additional required parking shall be provided in accordance with this section, unless a waiver is granted by the Planning Board. If fewer than ten (10) spaces are required by a change or a series of changes in use, the requirement for such space shall be waived. L. Off-street Loading. 1. Except as provided in Subsection D 2, at least one off-street loading facility 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 square feet, computed as described below. Space for an off-street loading facility shall be in addition to space for off-street parking. 2. An enclosed shopping center shall provide two off-street loading spaces for each department store tenant. The Planning Board will require additional centralized loading facilities as may be reasonably necessary to service interior mall tenants, taking into consideration interior service corridors, traffic and parking patterns and architectural design. 3. Each off-street loading facility shall be subject to the following minimum requirements: a. Each berth shall be not less than 12 feet wide, 40 feet long and, when covered, 14 feet in height. b. Off-street loading facilities located within 50 feet of a residential property shall be shielded by walls, fencing or other suitable material which shall serve to screen noise and uncontrolled entrances. N. Bicycle Facilities Any use required to have 25 or more parking spaces shall supply one bicycle rack suitable for at least three bicycles per 25 spaces. (76) Article 5 Supplementary Regulations § 179-5-010 Intent The provisions of this article shall be subject to the exceptions, prohibitions, requirements and/or limitations as hereinafter provided. § 179-5-020 Accessory Structures A. Accessory structures (up to two totaling no more than 500 square feet) shall be a permitted use in all residential zoning districts on parcels of 3 acres or less.. Accessory structure over 120 square feet outside the Adirondack Park must comply with the setback requirements applicable to the principal building; within the Adirondack Park principle building setbacks shall apply to accessory structures over 100 square feet. For residential parcels larger than 3 acres,up to 3 accessory structures totaling up to 750 square feet shall be allowed. Accessory structures in non-residential zones that exceed an area of 120 square feet shall be subject to site plan review in the zoning districts shown in the Schedule of Permitted Uses(see Table 1). B. Minimum Yard Regulations 1. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following restrictions: a. Accessory structures of less than 120 square feet may be erected at a minimum of five feet from side and rear lot lines or buffer zone where required,provided that they may not be located closer to the street than the required setback line of the principal structure; and b. Accessory structures greater than one hundred twenty (120) square feet require a building permit and must comply with the setback requirements applicable to the principal structure. 2. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings. 3. No accessory structure may be erected without a principal structure and/or use. C. Private swimming pools. Private swimming pools, permanent and/or portable, which shall be accessory to a principal, noncommercial 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 feet in height nor more than 15 feet in length or diameter. 1. Pools may be erected only on the same lot as the principal structure. (77) 2. Pools may be erected only in the rear yard of such structure and shall be of a distance not less than 20 feet from the rear lot lines or buffer zone, where appropriate, nor less than 10 feet from the side lot line or buffer zone, where appropriate. 4. All private swimming pools shall be enclosed by a permanent fence of durable material at least four feet in height. 5. In the case where a lot fronts on two or more public rights-of-way, a private swimming pool shall be erected only on that portion of said lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line. In no case shall the pool be any nearer to the lot lines abutting any public right-of-way than the required front setback for the principal building of the zoning district in which it is located. Furthermore, the pool shall be screened from the view of the public right- of-way and the neighboring property by means of landscaping. (See the definition of "landscaping" in Article 2 and the landscaping design standards set forth in Article 8 of this Chapter.) D. Garages. Only one garage is permitted per dwelling. On lots less than 5 acres, garages may not exceed one thousand one hundred (1,100) square feet. On lots larger than or equal to five (5) acres, garages may be up to two thousand two hundred (2,200) square feet. In no case shall the garage size exceed the size of the principle structure on the lot. § 179-5-030 Determination of Natural Grades for Building Heights A detailed site plan, prepared by a licensed surveyor, with pre-construction grade lines (elevations)marked at 2 foot increments may be required with building plans so natural grades can be determined. When the natural grade prior to any disturbance of the building site cannot be determined, an estimation of natural grade shall be made by extrapolating straight lines connecting equal elevations on non-disturbed portions of the lot or neighboring lots. § 179-5-040 Agricultural Uses A. Within any ESC, CI, CM, CLI, MDR, NR, NC, PO, RC, or WR district the keeping of livestock, poultry, fowl, including but not limited to emus, lamas, alpacas, ostriches or any large or small farm animals shall be prohibited. B. Within any district other than those cited in paragraph A above, poultry, fowl or small farm animals such as sheep or goats may be kept, however, not including swine or cows,provided that: (78) 1. The property is a minimum of five acres. 2. The animals must be housed at least 50 feet from any property lines. C. Within any district other than those cited above, large farm animals (such as horses, ponies, cows or swine) may be kept for private, non-commercial use, provided that there is a minimum of five acres for the first animal and a minimum of two additional acres for each additional animal. The animals must be kept a minimum of 100 feet from any property line. D. Within the RR, PR and LC districts, large farm animals such as cows, horses and swine may be kept,provided that there is a minimum of 25 acres. § 179-5-050 Conversion of Seasonal Dwelling Units The conversion to year-round occupancy of any seasonal use dwelling shall be pernutted only after site plan review and approval. Construction shall be in accordance with current Building Code requirements. Certification of the suitability of the existing sanitary septic system or a new system, by a New York State licensed engineer, to accommodate year-round use shall be a requirement of site plan review. For such conversions in the Waterfront Residential (WR) district, the requirements set forth in § 179-4-010(D) and § 179-5-100 of this Chapter shall apply. § 179-5-060 Docks,Boathouses and Moorings A. 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. 1. No dock shall be constructed in any configuration other than straight, pier, T, L,U,E or F shape. 2. No dock shall extend more than 40 feet offshore from the mean low-water mark, except that in streams or brooks, no dock shall extend offshore more than 20%of the width of the stream or brook at the point of construction. 3. No mooring shall be constructed or placed so as to extend offshore more than 100 feet from the mean high water mark. 4. No dock shall exceed eight feet in width, and the total width of any dock or, including all lateral projections, shall be 40 feet. 5. The maximum surface area of any dock or shall be 700 square feet, including any walkway. For the purpose of computing the maximum surface area, no portion of the structure shall be included within the computation which extends upland of the mean high water market, and the ( 79) minimum allowable width of any dock, pier, lateral projection or finger shall be two feet. 6. The maximum surface area of any superstructure built upon and/or above any dock shall be 700 square feet. 7. Every dock or constructed shall have a minimum setback of 20 feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake or at a right angle to the mean high-water mark, whichever results in the greater setback. 8. No dock shall be constructed so as to interfere with normal navigation or reasonable access to adjacent docks. 9. The number of docks permitted to be constructed per lakefront lot is limited as follows: Number of Feet of Lake Frontage Docks 45-65 1 straight pier, a minimum of 45 feet is required for the construction of a dock 66-150 1 straight T, L, or U-shaped docks 151-250 2 straight T, F, L or U-shaped docks OR 1 E-shaped docks 251-500 3 straight T, F, L or U-shaped docks OR 2 E-shaped docks 501 or more 4 straight T, F, L, E or U-shaped docks plus, for each 150 feet over 501, 1 additional dock 10. No dock shall be constructed unless designed to withstand forces of flowing water and wave washes. 11. Boathouses and covered docks shall not exceed 16 feet in height measured from the mean high water mark to the highest point of the structure. 12. Boathouses shall be designed and constructed solely for the storage of boats and related equipment and shall not include provisions for sleeping, cooking or sanitary facilities. 13. No dock shall be constructed within 50 feet of a wetland, except on Lake George, which is located adjacent to or along the shoreline. 14. Treated lumber, when used for the construction of docks, shall be the sealed, non-leaching type. 15. All crib docks shall be of the open crib type. (80) B. Moorings. 1. The number of moorings allowed per lakefront lot is limited as follows: Feet of Lake Frontage Number of Moorings 45-65 0 66-150 1 151-250 2 251-500 3 501 or more 1 additional mooring for each 150 feet over 500 2. Moorings shall be placed so that vessels moored to them, at the full swing of their mooring or anchor line, will be no closer than 20 feet to the projection of the property lines extended into the lake along the axis of the property lines as they intersect the lake or a line extended at a right angle to the mean high-water mark, whichever results in the greater setback. Moorings shall not be placed so that the full swing of the vessel extends more than 100 feet offshore from the mean high-water mark. C. Miscellaneous Provisions 1. No owners of the upland property shall fail to completely remove any pilings, floats and/or any other related components which are abandoned or fall into disuse. 2. No person shall fail to comply with any special conditions attached to any permit issued for the construction of a dock. 3. A permit is not required for repairs above the mean high water mark to an existing dock if such repairs do not alter its size, shape, or location § 179-5-070 Fences A. General provisions. 1. In no case shall barbed wire, electric or similar materials or devices be used in conjunction with or as part of any fence. The provisions of this subsection shall not apply to fences on premises used for farm, industrial and utility purposes. 2. No fence shall be permitted which is expressly designed with the intent to injure or maim anyone who attempts to climb such a fence. 3. On any corner lot, no fence or other visually obstructing structure or vegetation higher than three feet shall be located within the Clear Vision Zone. The Clear Vision Zone includes the triangular area formed by the (81) edges of the pavement and a straight line joining the edges of the pavement at points which are 35 feet distant from the intersection of the edges of the pavement and measured along such edges of pavement. �__35 feet--A 35 feet Edgeofpavement C1earVisionZone l J 8 4. Height. Fence height shall be measured from the lowest point of the natural grade of the property. B. Nonconforming fences. Fences lawfully existing at the time of the passage of this chapter shall be deemed nonconforming appurtenances and shall be treated as nonconforming uses under this chapter. C. Residential zones 1. All fences in a residential district shall have the most pleasant or decorative side facing the adjacent properties. 2. No fence over four feet in height shall be erected or maintained in the architectural front yard. The "architectural front yard" shall be defined as the yard facing the side of the building containing the architectural main entrance to the house. For a waterfront lot, the "architectural front yard' shall be defined as the yard facing the street. 3. No fence over six feet in height shall be erected or maintained in any rear yard or side yard except for corner lots where no fence over four feet in height shall be erected or maintained along yards adjacent to public streets. 4. No privacy-type fence, as defined in this chapter, shall encroach into the front yard setback requirement or shoreline setback requirement. All privacy fences shall be limited to side and rear property lines only. D. Industrial or commercial zones (82) 1. Fencing for all commercial and industrial districts and utility facilities shall be approved by the Planning Board under site plan review with the following criteria: a. Fencing should be integrated in site design to the maximum extent practicable so it does not detract from the aesthetics of the site design; b. Generally, fences should be no more than six feet high unless the fences are necessary for security purposes in which case a fence may be erected that is eight feet high together with such other features that will enhance security. c. Fences with dangerous features, such as electric fences or barbed wire, are not allow in commercial districts. d. In any case where a fence is proposed with features that may be dangerous, such as electric fences or the use of barbed wire, such fence shall only be allowed where one or more of the following requirements are met: i. The fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons; ii. The fence is needed to secure an area where materials and/or equipment are stored; iii. The fence is needed to keep animals other than common household pets, except in a kennel situation, from leaving the site; iv. Where the general community interest or interests of national safety justify the need for such a fence; and V. Where a fence is electrified, signs at intervals of not more than 50 feet shall be erected on the fence to clearly indicate the fence is electrified. E. Shorelines 1. No fence greater than four feet in height, as measured from the level grade at a point along said fence, shall be erected within 50 feet of the mean high-water mark of the shoreline. 2. No fence greater than 100 square feet in area, measured by the vertical surface area of one side as circumscribed by its perimeter, shall be located within the shoreline setback. § 179-5-080 Home Occupations A. In general: (83) 1. Home occupations can provide numerous benefits for both home workers and the community; they can encourage business growth; startup or small businesses, single parents,the elderly, the disabled can eliminate many otherwise prohibitive costs. Allowing a variety of home occupations can promote economic vitality and diversity in our community. 2. Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas. 3. It is the intent of this law to identify and control any negative impacts of home occupations, and not arbitrarily prohibit certain types of occupations. The home occupation should not have a negative impact on the neighborhood and property values, or affects the health, safety and welfare of adjoining residents. 4. Home occupations are a good thing as long as they don't create any disturbances, such as noise, odors, or parking problems, in their neighborhoods. 5. Hobby or club/group meetings are not occupations and are not subject to this home occupation regulation. 6. This chapter shall not prevent individuals, owners, lessees or purchasers under contract from conducting a business, trade, or profession in their homes or residences, provided that they meet the standards set forth by these regulations. B. Home occupations shall be permitted as an accessory use for any residential use provided that the following standards are maintained by all persons engaged in such activities: 1. The activity shall not alter the primary use of the premises as a residence and shall be subordinate and limited to its utilization for other than residential uses to thirty(30)percent of the total floor area of the residence or 500 square feet whichever is less. 2. Only the occupants of the residence and one(1)non-occupant of the residence may conduct the activity. 3. In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of noises, odors, vibration or electromagnetic interference. 4. There shall be no exterior storage, displaying or selling of materials, stock or equipment to be used in conjunction with a home occupation. 5. There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials, as defined by the U.S. Environmental Protection Agency, used in conjunction with a home occupation. 6. There shall be no customer traffic unless noted otherwise. 7. There shall be no wholesaler or retail sale of goods on the premises. S. No signs are allowed. 9. No overnight parking of commercial vehicles. (84) 10. The use of an accessory structure for home occupation is prohibited. 11. The home occupation should not generate customer related vehicular traffic in excess of three vehicles per day. 12. In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m. 13. Any interior structural alterations to accommodate the home occupation will require the issuance of a building permit. C. Permitted Home Occupations. Subject to the requirements herein, and notwithstanding anything to the contrary set forth above, customary home occupations include,but are not limited to,the following: 1. Consultation or emergency treatment by a doctor or a dentist, but not the general practice of such profession. 2. Home office facility of a salesperson, sales representative or manufacturer's representative provided that no retail or wholesale transactions are made on the premises. 3. Office facilities for clergy. 4. Childcare/home care/daycare operations. 5. Home crafts such as model making,rug weaving, and lapidary work. 6. Workshop or studio for and artist, photographer, craftsman, writer, composer, dressmaker,tailor or computer repair,programming or design. 7. Facilities for instruction to not more than three (3) pupils at any given time such as in music, dance or special education. 8. Homebound employment of a physically or mentally handicapped person who is unable to work away from home by reason of disability. 9. Accessory,not primary, office facilities for accountants, authors, editors, architects,brokers, consultants, engineers,website and graphic design, land surveyors, lawyers,planners, insurance agents,realtors, and financial planners. E. Prohibited home occupations. Notwithstanding anything contained herein to the contrary, permitted home occupations shall not, in any event, be deemed to include: 1. Nursing homes,medical offices, clinics, or hospitals. 2. Antique or furniture shops. 3. Barbershops,hair stylists or beauty salons. 4. Funeral homes,mortuaries or embalming establishments. 5. Restaurants. 6. Private clubs or lodges. 7. Stables,kennels or animal hospitals. 8. Auto repair. (85) 9. Auto sales. 10. Welding. 11. Metal working. 12. Heating,ventilation, air conditioning or similar businesses. 13. Boarding houses, tourist homes or"bed & breakfast" establishments. § 179-5-090 Minimum Floor Area The minimum floor area per dwelling unit shall be: Dwellinlz type Floor area Single-family 800 square feet Two-family, each unit 750 square feet Multiple family, each unit 600 square feet § 179-5-100 Multiple-family Dwellings A. Density. Each unit in a duplex or multi-family structure shall be required to have the minimum lot area for the district in which it is located. 1. Duplexes. Because of the similarity in appearance of duplexes to single- family detached homes, all area and bulk requirements set forth in § 179-3- 060 apply to each building. 2. Multifamily and larger unit configurations. See the requirements of Article 3 hereof and Chapter Al 83, Subdivision of Land. B. Access. 1. Road design. All nonpublic roads used for vehicular circulation in all multifamily projects shall be designed in width, curvature, etc., to accommodate service and emergency vehicles and shall meet all town standards for public roads. 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 minimizing dead-ends and cull-de-sac. 3. Pedestrian walkways. Pedestrian walkways shall be provided connecting the housing units to vehicular storage areas, to recreation areas, to other buildings and to any adjacent multifamily developments. Pedestrian walkways shall be separated from project roads with adequate visual indications or crosswalks to ensure pedestrian safety. (86) 4. Off-street parking. Adequate off-street parking shall be provided as per § 179-4-040, Article 4, Schedule of Regulations. C. Water and Sewer Facilities. 1. Water facilities. Approval of water supply by the Queensbury Water Department, when within the Queensbury Water District, or the 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 multifamily 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 Planning Board. E. Recreation Fee. Multiple Family projects are subject to recreation fees pursuant to Chapter A183, Subdivision of Land, of this code. § 179-5-110 Sanitary Requirements in Waterfront Residential District Any increase in floor area of structures serviced by sanitary sewage facilities of any kind that is located in a Waterfront Residential (WR) district and which requires a building permit shall conform with the requirements of Chapter 136 of the Code of the Town of Queensbury. § 179-5-120 Satellite Receiving Antennas A. Not more than two satellite dish antenna shall be allowed on any residential lot for residential purposes B. The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements. C. Satellite dish antennas shall be adequately grounded. D. Subject to the provisions contained herein, satellite dish antennas shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side yard of the property, subject to the requirements contained in this chapter. In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear or side yard of (87) the property, such antenna may be placed on the roof of the dwelling structure or on a pole or similar structure of sufficient size and strength to adequately support the antenna adjacent to or connected to the dwelling structure or front yard of the property. E. "Usable satellite signal" shall mean satellite signals from the major communications satellite that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television. F. All ground-mounted satellite television antennas shall be effectively screened on all sides so as not to create an adverse picture reception by a solid fence, compact evergreen hedge, planting screen or principal structure. All satellite television antennas shall be located and designed to reduce or eliminate visibility from surrounding properties at street level and from public streets. G. A satellite dish antenna greater than three feet in diameter shall comply with the setback requirements of a principal use or structure in the zone in which it is located. A satellite dish less than three feet in diameter shall comply with the setback requirements of an accessory use or structure in the zone in which it is located, except that it shall not be located less than 10 feet from any property line or easement. H. A ground-mounted satellite dish antenna shall not exceed a grade height of 12 feet, except that this provision shall not apply to antennas mounted on a pole or similar device adjacent to or connected to the side of a principal building structure when these regulations allow such application. I. Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground. J. Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers, spires or trees, except that the same may be mounted on a pole or similar device adjacent to or attached to the side of the principal structure, provided that said pole or similar structure is of sufficient strength to adequately support the antenna. The antenna shall be placed below the ridgeline of the roof unless a usable signal is not received, in which case the antenna may be raised to the minimal height that will allow reception of a usable signal. l 79-5-130 Telecommunication Towers (including Cell Towers& Antennae) A. Enabling authority. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans consistent with Town Law § 274-a which concern the placement and operation of telecommunications towers. (88) B. Purpose. 1. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Queensbury, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town of Queensbury. 2. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations. C. Designated areas. Placement of telecommunications towers is restricted to certain areas within the Town of Queensbury. These areas are as follows: in any light industrial (LI) and heavy industrial (HI) zoning district or collocated on any property where a telecommunications tower or other tall structure (structures over 50 feet in height) exists. D. Application of Regulations 1. No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to serve as a telecommunications tower, except after demonstration of conformity with these regulations and issuance of a zoning permit and/or site plan approval pursuant to this Chapter. 2. Exceptions to these regulations are limited to new uses which are accessory to residential uses, and lawful or approved uses existing prior to December 15, 1997, the original effective date of the town's telecommunications towers regulations. 3. Where these regulations conflict with other laws and regulations of the Town of Queensbury, the more restrictive shall apply, except for tower height restrictions, which are governed by these standards. E. Administrative review of applications for shared use of existing towers. At all times, collocation or use of existing towers shall be preferred to shared use of other existing tall structures or construction of new towers. Applications involving only erection of additional antennas and related equipment on an existing telecommunications tower shall not be subject to site plan review or a public hearing, provided that the application complies with the terms and conditions described below. For purposes of this Subsection E, "existing (89) telecommunications tower" or "existing tower" shall mean a telecommunications tower in existence at the time an application for collocation is submitted to the Zoning Administrator. 1. Application. An applicant proposing to share use of an existing telecommunications tower shall submit the following to the Zoning Administrator: a. A complete site plan review application. b. A completed visual environmental assessment form addendum (6 NYCRR 617.20 Appendix B). c. Documentation of intent from the owner of the existing tower to allow shared use. d. An engineer's report certifying that the proposed collocation will not diminish the structural integrity and safety of the existing tower or explaining what modifications, if any, would be required in order to certify to the above. e. A copy of the Federal Communications Commission (FCC) license for operation of the new equipment. f. propagation mapping g. photosimulation figures h.. An application fee in the amount of$500. 2. Review. Upon receipt of a complete application, the Zoning Administrator shall promptly forward a copy of the engineer's report to the Town Consulting Engineer and shall review the application to determine if the proposal complies with the following terms and conditions: a. The existing tower shall be in compliance with any and all approvals previously granted. b. The proposed collocation shall not increase the height of the existing tower. c. The proposed collocation shall not cause any portion of the resulting structure to extend into a required setback. d. If the engineer's report submitted as part of the application found that the proposed collocation could diminish the structural safety of the existing tower, the applicant shall submit a revised proposal which includes the modifications described in the engineer's report. (90) e. The proposed collocation shall not involve construction of any additional roads or parking, widening of existing roads or expansion of existing parking. 3. If the Zoning Administrator finds that the application demonstrates compliance with the standards listed above and the Town Consulting Engineer either agrees with the finding of the engineer's report that the proposed collocation will not diminish the safety of the existing tower or determines that the revised proposal includes the required modifications described by the engineer's report, then the Zoning Administrator shall approve the proposal and issue a zoning permit. If the Zoning Administrator finds that the application does not demonstrate compliance or if the Town Consulting Engineer disagrees with the finding of the engineer's report or determines that the modifications described in the engineer's report are not included in the revised proposal, then the Zoning Administrator shall notify the applicant of the deficiency. The applicant may then submit a revised proposal or submit the proposal to the Planning Board for site plan review as described in Subsections F and G below for shared use of an existing tall structure. F. Site plan review. Site plan review pursuant to Article 9, Site Plan Review of Chapter 179 of the Town Code shall be required for placement of any antenna in or on an existing tall structure other than an existing telecommunications tower and for any construction of a new tower. 1. Site plan. In addition to the requirements of Article 9, Site Plan Review, the following shall apply: a. General requirements. All site plan applications shall show all existing and proposed structures and improvements including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation of the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required. b. Visual impact assessment. All site plan applications, whether involving location on an existing tall structure or construction of a new tower, shall include a visual impact assessment. This assessment shall include: i. Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the town, including but not limited to state highways and other major roads and state and local parks. (91) ii. Assessment of visual impact of the facility/structure designs and color schemes. iii. Assessment of visual impact of the facility/structure, accessory buildings and overhead utility lines from abutting properties and streets. iv. A completed visual environmental assessment form addendum (6 NYCRR 617.20,Appendix B). c. Landscaping plan. i.. All site plan applications shall include a plan illustrating size, type, placement and quantity of existing vegetation to remain as well as vegetation to be added. The final landscaping plan will become part of the approved site plan. All new plantings shall be planted by a date specified by the Planning Board. ii. Existing on-site vegetation shall be preserved to the maximum extent possible and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to site plan approval. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. iii.. The landscaping plan shall include deciduous or evergreen tree plantings which may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm. 2. In addition to any fees provided for by § l 79-9-060 of the Town Code, the applicant shall be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or technical review, provided that the fees or costs reflect the actual costs to the Planning Board. G. Standards for placement. New or modified antennas or telecommunications towers shall be placed according to the following priority: first, collocation on an existing tower; second, placement of antennas or other telecommunications equipment in or on an existing tall structure located on a lot within the areas (92) listed in § C above; third, placement in or on an existing tall structure not located within the areas listed in § C above; forth, placement of a new tower on a lot where a telecommunications tower already exists; and fifth, placement of a new tower on a lot within the areas listed in § C above. Where shared use of existing towers or structures is not proposed, the applicant must provide documentation of the inability to utilize an existing tower or structure. 1. Collocation on existing telecommunications towers. Collocation of telecommunications equipment on existing telecommunications towers shall be the preferred placement mode and may be reviewed pursuant to the administrative review procedure set forth in Subsection F above. At the option of the applicant, an application for collocation on an existing telecommunications tower may be reviewed as a shared use of an existing tall structure as provided in Subsection G 2 below. 2. Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings) shall be preferred to the construction of new towers. In addition to the requirements of Subsection G above, an applicant proposing to share use of an existing tall structure shall be required to submit: a. A complete site plan review application. b. Documentation of intent from the owner of the existing facility to allow shared use. c. An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure or explaining what modifications, if any, would be required in order to certify to the above. d. A copy of the Federal Communications Commission (FCC) license for operation of the new equipment. 3. New telecommunications towers on lots already containing a tower. Construction of a new telecommunications tower on a lot already containing a telecommunications tower shall be given third priority after collocation on an existing tower and shared use of an existing tall structure. The Planning Board may consider a new telecommunications tower on a lot already containing a telecommunications tower when: a. The applicant documents that collocation on an existing telecommunications tower or shared use of an existing tall structure is not practical. i. The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved telecommunications towers within a reasonable distance of the (93) proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. ii. The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved telecommunications tower. Such documentation shall include written requests for shared use, expenses for shared use and an explanation of the physical, technical and/or financial reasons why shared usage is not practical in each case. b. The applicant submits a copy of the Federal Communications Commission (FCC) license for operation of the new equipment. 4. New telecommunications towers on lots not already containing a tower. Construction of a new telecommunications tower on a lot not already containing a telecommunications tower shall be given fourth priority after collocation on existing towers, shared use of existing tall structures and construction of a tower on a lot already containing a tower. The Planning Board may consider a new telecommunications tower on a lot not already containing a telecommunications tower when: a. The applicant documents that collocation on an existing telecommunications tower, shared use of an existing tall structure and locating the tower on a lot already having a telecommunications tower are not practical. i. The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved telecommunications towers within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. ii. The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure, existing or approved telecommunications tower and lot already containing a telecommunications tower. Such documentation shall include written requests to each owner, estimated expenses and an explanation of the physical, technical and/or financial reasons why collocation on an existing telecommunications tower, shared use of an existing tali structure or location on a lot already containing a tower is not practical in each case. b. The applicant submits a copy of the Federal Communications Commission(FCC)license for operation of the new equipment. (94) H. Setbacks. Telecommunications towers and antennas shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including guy wire anchors and to any accessory facilities. I. Access and parking. A road and parking shall be provided to assure adequate emergency and services access. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. J. New telecommunications tower design. Alternative designs shall be considered for all new telecommunications towers, including lattice and single-pole structures. The design of all proposed new telecommunications towers shall comply with the following: 1. Any new tower shall be designed to accommodate future shared use by other telecommunications providers. 2. The maximum height of any new tower shall not exceed that which is necessary to provide service. 3. The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower. 4. Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. 5. No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers,banners and streamers. 6. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding treeline unless other standards are required by the FAA. Towers should be designed and sited so as to avoid application of FAA lighting and painting requirements whenever possible. (95) K. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. L. Authority to impose conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications tower site plan. M. Removal upon abandonment. The applicant shall submit to the Planning Board a letter of intent committing the owner of a telecommunications tower or antenna and his/her successors in interest to notify the Zoning Administrator within 30 days of the discontinuance of use of the tower or any antenna affixed to a tower or other tall structure. This letter shall be filed with the Zoning Administrator prior to issuance of a building permit (assuming the application is approved according to this section). Obsolete or unused towers, antennas and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower, antenna or accessory structure in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article 17, Enforcement. N. Intermunicipal notification for new towers. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing telecommunications tower or existing tall structure or lot containing an existing telecommunications tower in a neighboring municipality be considered for shared use and to assist in the continued development of County 911 Services,the Board shall require that: 1. An applicant who proposes a new telecommunications tower shall notify in writing the legislative body of each municipality that borders the Town of Queensbury and the Director of Warren County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. 2. An applicant who proposes a new telecommunications tower within the Adirondack Park shall notify in writing the Adirondack Park Agency. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. 3. Documentation of this notification shall be submitted to the Planning Board at the time of application. (96) 0. Public hearing and notification of nearby landowners. Except for applications for collocation on an existing telecommunications tower reviewed pursuant to Subsection F above, a public hearing shall be held for all applications for location of a telecommunications tower or antenna. The Town shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a tower or antenna is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower or antenna would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing. P. Maintenance and/or escrow account. Prior to approval of any application, the Planning Board, at its sole discretion, may require the applicant and/or the owner to establish a maintenance and/or escrow account or bond in an amount sufficient to cover the technical review, installation, maintenance, construction and removal of the proposed telecommunications tower or antenna during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the tower (or antenna) and the site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates may be reviewed by the Town Consulting Engineer at the Planning Board's discretion. § 179-5-140 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 fewer than 300 square feet of floor space each, density for each unit shall be 1/10 density required for the zoning district in which the tourist accommodation is to be located, except as is otherwise required in the commercial zones. B. The density for a tourist cabin or similar structure for rent or lure having more than 300 square feet of floor space shall be the density in the zoning schedules contained in Article 4, Schedule of Regulations, hereof for the zoning district in which the cabin or structure is to be located. C. No portion of a tourist accommodation shall be closer to the boundary line of the adjoining property not in the same ownership than the minimum setback requirements of the zone in which the lot is located. (97) D. Where a motel, hotel or tourist accommodation involves the shoreline of any lake or pond or any river or stream navigable by boat, including a canoe, the following shoreline frontages shall be required per room or unit, unless the minimum shoreline lot width in Article 5, Supplementary Regulations, for the zoning district involved is greater, in which case the greater lot width shall be required: 100 feet for one to 10 accommodation units; for each additional unit up to 20 units, eight additional feet; for each additional unit up to 40 units, five additional feet; and for each additional unit thereafter,three additional feet. § 179-5-150 Trash Receptacles A. Trash/garbage receptacles, containers and other devices intended for temporary holding, for removal from site, of waste material shall be placed in such manner that said receptacle is not visible from public rights-of-way, which may be accomplished by means of one or more of the following: 1. Being totally hidden behind building it serves. 2. Being screened by foliage or solid fencing. 3. Being contained within a structure suitable for such use. B. Trash/garbage receptacles shall be secured at all times to prevent any waste material deposited or intended to be deposited in such receptacles from being spread about by natural or other causes. § 179-5-160 Bed-and-Breakfast A. Each bed-and-breakfast shall have between 3 and 5 bedrooms and shall house no more than 10 transient lodgers at one time. B. Bed and breakfasts are allowed pursuant to site plan review and approval in the following zoning districts: LC-42A (except for areas classified as Resource Management on the Adirondack Park Land Use and Development Plan) , LC- 10A,RR-5A,RR-3A. § 179-5-170 Mineral Extraction Note that mining and excavation activity may be regulated by New York State Department of Environmental Conservation or other agencies. Mineral extraction in the Resource Management, Rural Use, Low Intensity Use, and Moderate Intensity Use areas on the Adirondack Park Land Use and Development Plan are Class A regional projects subject to the jurisdiction of the Adirondack Park Agency. (98) A. Commercial mineral extraction [defined as above DEC threshold] shall be allowed only within the Heavy Industrial (HI) district by special use pernut and only in a substantially undeveloped area, at least 1,000 feet (horizontal distance) from any existing residence. B. Any excavation associated with commercial mineral extraction shall not adversely affect the natural drainage of adjoining properties not in the same ownership, or the structural safety of buildings on such adjoining properties; the top of any slope of the excavation shall not be closer than 100 feet from the boundary line of any adjoining property not in the same ownership, nor closer than 200 feet of any public highway or water body or water course. C. Within the above setbacks natural vegetation shall be left undisturbed, except for planting pursuant to the requirements hereof. The Planning Board may in its discretion require additional measures to provide suitable screening of the excavation, such as planting or fencing. D. An applicant for a Special Use Permit for commercial mineral extraction shall submit to the Planning Board copies of all applications and other materials submitted to the New York State DEC in connection with its commercial resource extraction application. E. In issuing a Special Use Permit for commercial mineral extraction, the Planning Board shall impose conditions designed to protect the public health, safety, and welfare. Such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions: l. Ingress from and egress to public thoroughfares controlled by the Town; 2. Routing of mineral transport vehicles on roads controlled by the Town; 3. Requirements and conditions specified in the permit issued by the DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or manmade barriers to restrict access, dust control, and hours of operation; 4. Hours of operation; and 5. Enforcement of reclamation requirements contained in any DEC permit. F. In issuing a Special Use Permit for commercial mineral extraction uses not subject to regulation by DEC, the Planning Board may impose such additional conditions as it deems necessary. G. The Planning Board shall deny a Special Use Permit for commercial mineral extraction for any project which does not satisfy the requirements of this Section and/or Article 10 of this Chapter regarding the general criteria and procedures for Special Use Permits. (99) § 179-5-180 Good Neighbor Plan A site application may be required by the Planning Board to submit a Good Neighbor Plan. Such a plan may contain some or all of the following elements, as determined appropriate by the Planning Board. A. Good Neighbor Plan. A written implementation program, referred to as a "Good Neighbor Plan", must be submitted, containing those items from the list below determined appropriate by the Planning Board. 1. Crime prevention and awareness training program. A crime prevention and crime awareness training program which is developed in conjunction with and approved in writing by the Warren County Sheriff's Department. The Warren County Sherrif s Department, as part of this approval, will review the site plan and the location of all lighting. 2. Alcohol awareness and employee training program. At a minimum, the program must be directed at identifying and handling situations involving minors or intoxicated customers, and identify which displays and marketing techniques will be used to discourage drunk driving. 3. Litter control program. A litter control program must include at least two trash receptacles on site for customer use, located next to walkways. At a minimum,the program must also address daily on-site litter pickup, customer awareness activities, and off-site litter pick-ups. 4. Loitering control program. A loitering control program is required, and must, as a minimum, address such things as limiting the hours of operation of electronic video games, and locating telephone booths, benches, tables, and other activity areas where they can be viewed and controlled by the store employees. 5. Landscape maintenance awareness. The applicant acknowledge in writing that they understand the provisions of Article VIII, Landscaping and Buffering Standards. 6. Communication agreement. The applicant must agree in writing to correspond on a long-term informal basis with the local recognized organizations and other concerned individuals regarding any problems they may have with current business practices or impacts on the neighborhood. All responses should be written within 30 days of receiving the initial letter, and be from the owner, operator, manager, or a representative of the parent (100) company. A file of all letters received and written is to be maintained by the correspondent for the convenience store and be available to the public upon request. B. Record of good faith. The application must be accompanies by written verification that the owner, operator, manager, or a representative of the parent company met with or attempted in good faith to meet with the local recognized organization(s), adjacent property owners, and Town Planning Department staff. The written verification must include all of the following; 1. A copy of the notice and the names and addresses of those notified of the applicant's desire to meet; 2. A copy of the time, date and location of the meeting(s), and the names, addresses, and phone numbers of those who participated in the meeting(s); 3. A copy of the draft Good Neighbor Plan and site plan sent to the neighborhood association and as presented at the meeting(s), if different, and 4. Identification of those components of the Good Neighbor Plan which were agreed upon and those which were unresolved, plus any additional items discussed during the meeting(s). C. Lighting Certification. The applicant must document in advance of approval that the proposed lighting meets the standards of Section 179-6-020 of Article 6, Environmental and Performance Standards. (101) Article 6. Environmental and Performance Standards § 179-6-010 Extensive Clearing of Vegetation and Grading A. Purpose and Intent. It is the purpose of this section to prevent the clear-cutting and grading of lots except in association with an approved site plan. B. Application. Within a ten-year time period, all extensive clearing of vegetation and/or grading over an area of land greater than one-quarter acre that is not associated with site development for an approved subdivision or site plan development is prohibited without first obtaining site plan approval. Clearing and grading activity of smaller land areas may be subject to the requirement of Chapter 147 of Town Code. For the purpose of this section, extensive clearing of vegetation shall mean the removal of more than 50 percent of trees over six (6) inches in diameter at the height of four and a half feet or the removal of more than 75 percent of all vegetation. C. Any person proposing to undertake extensive clearing of vegetation or grading over an area of land greater than one-quarter acre must follow the procedures for and obtain site plan approval in accordance with Article 9, Site Plan Review, of this ordinance. This requirement applies to timber harvesting involving tree removal from land areas greater than specified above. Clearing and grading activity of smaller land areas may be subject to the requirement of Chapter 147 of Town Code. These activities may be subject to additional requirements of other regulating agencies. Forest roads and/or skid trails up to but not exceeding fifteen(15) feet in width shall be excluded from the above calculations. D. This regulation does not apply to bona fide forest management activities conducted on the City of Glens Falls Watershed properties. E. Stormwater management and erosion and sediment controls as required by Chapter 147 of Town Code shall be followed. F. This regulation is not meant to apply to normal mowing operations of already developed areas. § 179-6-020 Lighting A. Purpose. It is the intent of these regulations to provide for appropriate lighting that balances the promotion of safety, security and the Town's night-time character while reducing glare, unsightly or unnecessary brightness, light trespass, and helping to reduce the consumption of energy. B. Application. These regulations shall apply to all uses in all zoning districts in the Town of Queensbury. As such, all outdoor lighting, public or private, (102) installed in the Town of Queensbury shall be in conformance with the requirements established by this section within a seven (7) year period from the adoption of this zoning code. C. Standards. All exterior lights and illuminated signs shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines. The following horizontal lumination levels shall be observed. For uses not listed here, the Planning Board may determine the appropriate horizontal lumination level referencing the values found in the reference titled The IESNA Lighting Handbook published by the Illumination Engineering Society of North America. The Planning Board may vary these standards, making them more or less restrictive, where it finds it to be in the interests of this ordinance and the Town to do so. In particular, the Planning Board may vary the standards with reference to the brightness and uses of the surrounding environment. Use Horizontal Illuntinance (foot-candles) Commercial Parking Lot 2.5 Industrial Parking Lot 1.0 Small Office Parking Lot 1.0 Large Office Parking Lot 2.5 Recreation Parking Lot 2.5 Multi-Family parking Lot 2.5 Churches/Education Lots 1.0 Building Entrances 5.0 Building Exteriors 1.0 Loading/Unloading Areas 20.0 Gas Station Approach/Driveway 2.0 Gas Station Pump Island 10.0 Gas Station Service Areas 3.0 Seasonal Stands 25.0 Automobile Lots 20 Driveways and Road Approaches 2.0 Sidewalks and bikeways 1.0 D. Fixtures. All lighting fixtures shall be architecturally compatible with the primary building. Fixtures shall be shielded and have cut-offs to direct light to the ground. This must be accomplished so that light dispersion or glare does not shine above a 90 degree horizontal plane from the based of the fixture. Cut- (103) off fixtures must be installed in a horizontal position as designed. Flat lens cut- offs are required. Fixtures shall generally be of dark colors. Pole-mounted fixtures shall not exceed 10 feet height limit for Small Offices. For Large Offices and all other uses, pole mounted fixtures shall not exceed 20 feet in height. High pressure sodium lights are preferred. Lexan lenses or similar low glare material are preferred. E. Lighting shall not interfere or impair with pedestrian or motorist vision. F. Procedure. Any use subject to site plan review shall submit a lighting plan describing the lighting component specifications such as lamps, poles, reflectors and bulbs. The lighting plan shall show the illumination levels for the entire site and shall be at a scale consistent with the site plan. The Planning Board may require specific lighting plans to address portions of the site, such as parking lots, or pedestrian walkways, for evaluation purposes. § 179-6-030 Odor No use shall regularly emit offensive odors perceptible at the property line of an adjoining use. This section shall not apply to the exhaust from restaurants, bakeries, taverns and other uses where food is cooked or prepared. § 179-6-040 Radiation No use shall emit any form of radiation that is in excess of any adopted State or Federal standard. § 179-6-050 Shoreline Regulations A. Purpose. 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, or wetlands. It is the further purpose of these regulations to: 1. Provide for the protection, preservation, proper maintenance 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 from the destruction of the natural habitat thereof. 2. Provide for the protection of the township's potable fresh water supplies from the dangers of drought, overdraft,pollution or mismanagement. (104) 3. For the purpose of this section and this Chapter. the term "wetlands"means any wetland located in the Town of Queensbury that is regulated by, or falls within the jurisdiction of, the DEC,APA or Army Corps of Engineers. B. Regulations. 1. In the case of the shorelines of all lakes, ponds, streams, or wetlands and the shoreline of the Hudson River,the following restrictions shall apply: a. Cutting restrictions. The removal of vegetation, including trees, shall be permitted on shorefront lots, provided that the following standards are met: (1).Within 35 feet extending inland from all points along the mean high-water mark,no vegetation may be removed. This area shall be maintained as an undisturbed natural buffer strip. (2).The general exception to this standard shall be an allowance for lake access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30 % of the shoreline frontage on any individual lot or a maximum of 75 linear feet whichever is less. The clearcut shall be sited on the lot (such as angled across the lot) so as to allow for a view and access, but also to reduce runoff. The pathway created shall be constructed or surfaced to be effective in controlling erosion. (3).The above cutting standard shall not be deemed to prevent the removal of diseased vegetation or dead or damaged trees or other vegetation that present safety or health hazards or pruning of shrubs, cutting of grass or similar yard maintenance procedures. The purpose of the tree cutting and land clearing regulation is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland. These provisions shall not apply to the removal of dead, diseased or dying trees or to other vegetation that, in the opinion of the Zoning Administrator,present safety or health hazards. (4). Cutting plan. As an alternative to the above subsections, a special cutting plan allowing greater cutting may be permitted by the Planning Board. An application shall include a sketch of the lot and provide information on the topography of the land, existing vegetation, proposed cutting plan and proposed revegetation plan. The Planning Board may request the Soil Conservation Service to review the plan and make recommendations. The Planning Board may approve such plan only if it finds that such special cutting plans: (105) (a).Will not cause undue erosion or destruction of scenic beauty. (b).Provide that natural vegetation is preserved as far as practicable and, where removed, it is replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. (c). Provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Zoning Administrator shall require the submission of a bond which will guarantee the performance of the tree or shrubbery replacement by the lot owner. (d).Will not violate the land clearing standards of this section or the shoreline restrictions of other governmental agencies with jurisdiction, such as the Adirondack Park Agency or Department of Environmental Conservation. The following general standard shall be utilized by the Planning Board in reviewing a proposed cutting plan: 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 in diameter at breast height existing at any time may be cut over any ten-year period; and within six feet of the mean high-water mark, no vegetation may be removed, except that up to a maximum of 30% of the shorefront may be cleared of vegetation on any individual lot. (5).Revegetation. Where a shoreline lot owner violates the shoreline cutting restrictions, the Zoning Administrator shall require total revegetation so as to create a buffer strip area, which is in compliance with this section. A vegetative recommendation can be made by the Warren County Soil and Water Conservation District, if requested by the Zoning Administrator. This provision shall be in addition to any and all penalties contained in this chapter. C. Provisions for Shared or Contractual Access. The following requirements and minimum shoreline frontages shall be required for deeded, easement, right-of- way or any other contractual access to all such lakes, ponds, rivers, streams or wetlands for two or more lots,parcels or sites or multiple-family dwelling units not having separate and distinct ownership of shore frontage: 1. Site Plan review and approval by the Planning Board pursuant to the standards set forth herein. (106) a. A plan shall be submitted showing areas for swimming, recreation, docking, building placement, parking, landscaping and provision for long-term management of shared areas. b. Compliance with the provisions of this section and this Chapter. c. Such use shall not significantly impair the natural appearance of said parcel; would not overcrowd the parcel or the adjacent water surface; would not produce unreasonable noise or glare to the surrounding properties; and does not pose any substantial hazards. d. Waterfront parcels may be developed for contractual access for five (5) or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels. e. Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high water mark. f. No structures other than toilet, changing facilities, picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of all structures shall not exceed 1000 square feet. g. Commercial activities of any kind are prohibited. h. Parking areas shall be landscaped, and shall be set back from the shoreline a minimum of 75 feet. The requirements of§ 179-4-090 shall be adhered to. 2. Minimum shoreline frontages: a. Where two to four lots, parcels or sites or multiple-family dwelling units are involved, a total of not less than 100 linear feet of shoreline; and b. Twenty-five additional feet of shoreline for each lot, parcel or site or multiple-family dwelling unit thereafter. D. Miscellaneous Provisions 1. Sewage facilities shall comply with Chapter 136, Sewers and Sewage Disposal. 2. Alteration to the shoreline. No filling, grading, lagooning, dredging, ditching and excavating of the shoreline or the addition or replacement of retaining walls along the shoreline shall be undertaken without site plan review. The following general standards shall apply for construction along the shoreline: (107) a. The activity shall not alter the natural contours of the shoreline. b. The activity shall not disturb shoreline vegetation except in a man ner consistent with § 179-6-050(B)(1)(a). Where vegetation is destroye or removed it shall be restored or replaced with indigenous vecyetat�on. Stabilization shall be in accordance with the United States 3oil Conservation Service engineering standards and specifications. c. The activity shall be carried out in a manner designed to mmirrize erosion, sedimentation and impairment of fish and wildlife habitats. d. All applicable federal, state and other agency permits shall be obtair ed. e. In addition,the following specific conditions shall apply: i. Filling. There shall be no fill placed in waters of any lake, stre m, pond, river or wetland, except as associated with shore ine protective structures or beach replenishment or as otherwise fo ind to be beneficial to existing shoreline conditions or water quality or clarity. Any fill placed adjacent to any lake, stream, pond, rive or wetland shall be protected against erosion. ii. Dredging. There shall be no removal or rearrangement of mate als in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shore ine conditions, uses, water quality and clarity. Where dredgin is permitted, soil materials shall not be deposited within 100 fee of the waterfront unless properly stabilized. iii. Retaining walls. In addition, expansion or replacement of any type of retaining wall shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is imposs ble due to excessive slope or severe erosion problems, a conditiol to be determined by the Zoning Administrator. Retaining walls s all not be permitted to be constructed for only aesthetic reasons. en permitted, retaining walls shall not exceed 16 inches in height, as measured from the stationary mean high-water mark, and shal be constructed of native stone or wood. When treated lumber if L sed for the construction of a retaining wall, it shall be the se ed, nonleaching type. iv. Shoreline fill/hard surfacing. No fill or hard surfacing shall be permitted within 50 feet of any lake,pond, river, stream or wetland except by site plan approval of the Planning Board except tha no review/approval shall be required for preventative maintenanc or repair caused by erosion or other acts of nature. Private drivev ays crossing a stream are further exempted from this section; provi ed, (108) however, that such driveways do not exceed 15 feet in width. The above exceptions shall not be construed to be relief from any of er governmental agency having jurisdiction. Wetlands will be determined by New York State Department of Environme tal Conservation Wetlands Maps, the Queensbury Planning Bo rd and/or any governmental agency having jurisdiction. § 179-6-060 Construction on Slopes A. . Site Plan Review Required. 1. In any zoning district, site plan review shall be required for the followi : a. Any detached structure proposed to be constructed on any lot,parce or site having a slope of 15% or more within a fifty-foot radius of Lhe proposed location of said structure; or removal or excavation of 00 cubic yards or more of rock, soil or vegetation from such site. b. Proposed construction of a privately owned driveway, road or right of- way on a slope of 10% or more. 2. The Zoning Administrator, at his/her discretion, may require site T Ian review for residential construction projects where cut or fill activities are six feet or more from existing grade to finish grade. B. Storm water, soil and erosion standards. Site plan review for any construction on slopes under this section shall incl de measures for storm water drainage and soil and erosion control pursuan to sections 179-6-080 and 179-6-090. In addition, the Planning Board may require more protective measures than what is provided in the aforesaid sections, if the Planning Board deems such measures are warranted given the nature and location of the site. § 179-6-70 Soil and Erosion Control A.. Compliance with Chapter 147. Unless the standards in Subsection B belo are more restrictive,the applicant shall conform to the requirements of Town C ode Chapter 147- Stormwater Management. B. Standards. 1. When land is exposed during development, the exposure should be kept to the shortest practicable period of time and the smallest amount of and possible. (109) 2. Grading and development shall preserve salient natural features, such as trees, groves, natural terrain, waterways and other similar resources, and shall conform substantially with the natural boundaries and alignment of watercourses. 3. Provision shall be made prior to, during and after construction to dispose of increased runoff caused by changed surface conditions, in a manner wh ch minimizes danger of flooding, erosion and pollutants from urban run ff entering lakes, streams or rivers. 4. Temporary vegetation and mulching may be used to protect critical ar as during development. 5. Permanent vegetation shall be successfully established and erosion con 01 structures shall be installed as soon as practical on development. Where er feasible,natural vegetation shall be retained and protected. 6. Topsoil removed from areas for structures shall be redistributed within he boundaries of the lands in question so as to provide a suitable base for seeding and planting. 7. The development shall be fitted to the topography and soils to create he least erosion potential. Cut-and-fill operations shall be kept to a minim m and shall transition smoothly into existing topography so as to create he least erosion potential and adequately accommodate the volume and rate of velocity of surface runoff. 8. Cuts and fills shall not endanger adjoining property nor divert water o ito the property of others. 9. Provisions shall be made to effectively accommodate the increased rur.off caused by changed soil and surface conditions during and a er development. 10. Disturbed soils shall be stabilized as soon as possible. Tempor iry vegetation and/or mulching may be used to protect exposed land am as during construction. 11. Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment runoff waters from I nd undergoing development. Provisions shall be made to prevent surf ace water from damaging the cut face of excavations, fills or sloping surface . 12. The control of erosion and sediment shall be a continuous proc ss, undertaken as necessary prior to, during and after site preparations nd construction. Sedimentation control measures shall be installed as pall of site preparation prior to beginning any construction. (110) 13. Permanent vegetation shall be successfully established and erosion co atrol structures shall be installed within a time specified on the building pe t. or approved site plan. Wherever feasible, natural vegetation shall be retained and protected. 14. All fill material shall be of a composition suitable for the ultimate u e of the fill, free of rubbish and carefully restricted in its content of biush, stumps, tree debris, rocks, frozen material and soft or easily compressible material. Fill material shall be compacted sufficiently to prevent prob ems of erosion. 15. Grades of at least 1/2% 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 M ater levels and avoid stagnation. 16. Provisions shall be made that there will be no detrimental effect on ater quality of the watercourses. There will be no discharge of sediment or other material into the watercourses. 17. Fills shall not encroach on natural watercourses, constructed channels or floodway areas. Fills placed adjacent to or having impact on natural watercourses, constructed channels or floodplains shall have suit ble protection against erosion during periods of flooding. 18. No development shall be permitted in a floodway if such development shall raise the water surface elevation of the base flood at any point in the community. 19. The rate of surface runoff shall not be increased by new construc on. Whenever possible, drainage shall be sheet-drained into earthen swales and collected in a detention or retention basin. Where soils permit, the wEiter shall be allowed to percolate into soils. Where clayey soils occur, w ter shall be collected during storm periods and released slowly into exis ing streams and drainage channels. 20. During grading operations, appropriate measures shall be taken for (lust control. 21. Grading equipment shall not be allowed to enter into or cross My watercourse, except in accordance with the best management practice as defined in the building permit. 22. Whenever lawns are established, areas of natural vegetation shall be maintained to filter fertilizers, pesticides or other chemicals before the runoff enters natural streams or drainage channels, lakes, or other bodie of water. Property owners shall be encouraged to leave natural vegeta ion rather than develop lawns. (111) 23. Boat ramps shall be limited to public boat launch sites and conimerc ially operated boat launches. 24. Boat ramps shall be designed to accommodate most runoff before it e iters the lake or river. § 179-6-080 Stormwater Runoff A. A Stormwater Pollution Prevention Plan consistent with the requiremen s of Town Code Chapter 147— Stormwater Management—shall be required as part of the site plan approval process. B. The stormwater drainage plan shall analyze the impacts of the project usir g at least a 25-year return interval storm for residential projects and a 50-year re urn interval storm for commercial or industrial projects, and using the analysis procedures in the Town of Queensbury Subdivision Regulations. C. All stormwater management plans shall be designed so that post-development run-off rates and volumes are equal to or less than pre-development run-ff. Post-development direction of flow and type of discharge shall be the sam as pre-development conditions. D. Stormwater design criteria shall follow the criteria in the Town of Queensb Ily Subdivision Regulations or, if located within the Lake George Park, sl Lall follow Chapter 147 Stormwater Management Local Law for the Town of Queensbury, whichever is more restrictive.. E. The Planning Board may refer stormwater drainage plans to the To n Engineer, the Town Highway Superintendent, or such other persons or agencies it deems appropriate. § 179-6-090 Vibration No use shall regularly emit vibration that is perceptible at the property line of an adjoining use.This section shall not apply to temporary construction activities. (112) ARTICLE 7 Design Standards M 79-7-010 PREAMBLE A. Typical zoning rules, including those in the Town of Queensbury, address building uses, area, and density of development. They do little to ensure that the "look and feel" of the new development moves towards the vision of the community as described in the Comprehensive Plan. B. With gas stations, supermarkets, and fast food franchises becoming more and more a part of our daily lives, we have managed to ignore their aesthetic liabilities. Increasingly, communities recognize that the general sameness in appearance of corporate chain commercial and retail buildings is destroying local character. In addition, zoning that favors the automobile creates conflicts with pedestrians—and thus detracts from the pedestrian-friendly environment that Queensbury residents say they want. C. Design standards are intended to complement zoning regulations and achieve these goals. The standards set a high bar, which serves to enhance the value of property, preserve community character and protect the investment of landowners and developers. The Planning Board must implement the design standards with the main goal of achieving community character as defined by the Comprehensive Plan. OVERALL INTENT AND PURPOSE A. In requiring adherence to design standards, the Town of Queensbury seeks to encourage a mix of uses within the designated districts with an emphasis on improved site and building design, greater economic activity, and more dynamic social interaction. In addition, the purpose of the standards is to create a distinctive character and avoid the sameness that plagues many of America's suburbs. Within the designated districts, regulation will be largely based on form and impact of development as well as use. B. The goal of design standards is to: 1. Attract appropriate development in order to expand the economic and fiscal base of the community in a manner that maintains Queensbury's (113) unique character with a high quality of life; 2. Encourage high quality architectural and site design that is compatible with a project's surroundings; 3. Encourage buildings that provide an appropriate transition between the commercial areas of the Town and the surrounding neighborhoods; 4. Encourage buildings that are protective of important natural resources and public spaces,and that avoid or minimize adverse impacts; 5. Establish a clear and consistent method for reviewing plans for new buildings and renovation or alteration of existing buildings and sites; 6. Reduce delays and confusion that developers, property owners, or business operators may encounter during the design phase of the proposed projects; and 7. Minimize land use conflicts. C. Instructions For The Administering Board And Applicants Regarding Compliance With The Following Design Standards: Unless otherwise stated, the following design standards are mandatory. Projects will undergo review and overall design compliance by the Town of Queensbury Planning Board. 1. The administering board shall enforce the following design standards to the maximum extent practicable for the purposes of achieving the goals and specific recommendations for the Mixed Use Centers and Commercial Districts as set forth in the Comprehensive Plan, and in accordance with the Purpose and Intent of the regulations as set forth herein. 2. The term"shall"is interpreted as mandatory. 3. The term"should"or"may"is interpreted as optional. (114) D. The following General Design Standards shall be integrated into the design of projects in all Commercial, Main Street and Industrial districts the Town of Queensbury. 1. Encourage compatibility between residential and commercial uses where existing residential zones abut commercial zones. 2. Complement a variety of active uses along the pedestrian ways with facades that are animated and create interest to passersby on foot. 3. Create a network of active spaces and avoid disconnected spaces. 4. Design rooftops for visual interest and avoid a lack of design attention. 5. Achieve compatible building styles and designs and avoid incompatible elements. 6. Provide upgraded streetscapes including appropriate unified site furniture to encourage pedestrian activity, avoiding dullibleak streetscapes that discourage walking. 7. Incorporate street trees and pedestrian scale lighting to enhance proj ects. 8. Provide pedestrian crosswalks for safe connections across streets. 9. The design treatments for the area should be rich with detail and high- quality materials to promote interest for users and visitors. Y 4,_,' SPECIFIC DESIGN STANDARDS A. DISTRICTS Development shall be guided by one of the three following development scenarios. 1. Commercial Districts: a. This scenario will require new and redevelopment projects to create walkable sites at a "town center" scale. Parking lots will be located behind buildings. Buildings shall address streets by having their main entries on sidewalks and not facing parking (115) lots. Parking shall be behind buildings and, where possible, shared parking is required. Appropriate architectural design elements will depend upon the project's location in the town with northern buildings reflecting the proximity of the Adirondacks and buildings in the southern part of town reflecting the Upstate Urban look and feel of other small, walkable town centers throughout upstate New York. b. The following list includes all Commercial Districts within the Town of Queensbury. See zoning map for district boundaries. i. Commercial Intensive ii. Commercial Moderate iii. Office iv. Neighborhood Commercial 2. Main Street Standards (MS) a. This scenario consists of small footprint buildings lining Main Street and Dix Avenue East. b. The traditional main street is generally composed of one to three story buildings with retail uses on the street level and office or residential uses on the upper levels. The diverse retail establishments on the ground floor attract the most pedestrian circulation, promoting the community atmosphere, while the architecture style and rooflines create an urban architectural theme. As the shopping malls have demonstrated, creating a collective identity among individual shops draws customers. c. The traditional main street corridor will convey traffic, especially with the state's future plans for expansion, however it will also have wide sidewalks and planting strips to promote a high level of pedestrian activity as well. Primary shop entrances will be located on Main Street through recessed doors. Street- side parking will be convenient, but minimal so as not to interfere with the active pedestrian quality. Most parking and loading will be accommodated in the rear along with secondary entrances for the shops. Providing for easy access while (116) ensuring attractive, open storefronts will help the resurgence of Main Street as a desirable place to do business. 3 Industrial Areas a. Economic development and growth in certain high-technology industries will help Queensbury to grow in the future. These designated districts focus on providing sites for industrial-type development, advertising them as "shovel-ready" and expanding upon the benefits that are made available through the designated Empire Zones. Design standards and environmentally sensitive approach to development is required to minimize unattractive industry. b. The following list includes all Industrial Districts within the Town of Queensbury. See zoning map for district boundaries. i. Commercial Light Industrial (LI) ii. Heavy Industrial (HI) ELEMENTS OF THE DESIGN GUIDELINES A. SITE ORGANIZATION These standards address issues related to building and parking location. Other issues include vehicle access (curb cuts), cross-easements, connections to adjacent developments and pedestrian circulation. B. SITE DESIGN These standards address issues relating to site aesthetics and proposed development impacts on nearby properties. Generally, landscape principles define this component but it also includes building signage. C. ARCHITECTURAL DESIGN These standards address issues of new building construction or modification of existing buildings to increase potential for compatibility with neighborhoods, surrounding buildings or traditional patterns, styles and textures. Architectural guidelines address general building features such as proportion (mass and height), roof styles, fenestration (window and door openings), awnings and canopies, specialty equipment, materials and broad categories of color. (117) 7.4 COMMERCIAL INTENSIVE Cl) AND COMMERCIAL MODERATE ZONES A. Design Districts 1. Route 9 North District: Located between the southern terminus of Montray Road extending north to the Town's border with the Town of Lake George. 2. Route 9 South District: Located between the southern terminus of Montray Road extending south to the Glens Falls city line. 3. Route 254 (Quaker Road)West District: Located between Northway Exit 19 and Ridge Road(NYS Route 9L). 4. Route 254 (Quaker Road)East District: Located between Ridge Road and Dix Avenue. B. Design Objectives 1. Streetscape Elements a. Building height. A forty(40) foot height limit should be maintained for the entire corridor.Roof pitches,turrets, and flagpoles may be exempted. Rooftop mechanical equipment should be hidden from view, and screened with a fagade or other architectural treatment if possible. b. Setbacks from arterial and Northway.Buildings shall set back from the property line at least seventy-five(75) feet and will generally exceed that in order to accommodate landscaping and other site features.Buildings shall be set back a minimum of 100 feet from the property line where it abuts I-87 (the Northway). A minimum one-hundred-foot-wide buffer shall be provided along I-87; the existing forested natural buffer is to remain if possible, if not,then a landscaped buffer as described in 179-8-070 will be required. c. Store entrances. Individual store entrances should be placed in the front of the building, along Route 9 and Quaker Road. In the cases where the building line prevents parking availability in the front, a main entry feature shall also be created on the side of the building where customer parking is provided. d. Delivery access. In order to facilitate fewer curb cuts, a rear drive should be provided to access loading docks and employee parking spaces behind the buildings. e. Trees.Trees lining the streets are essential to good urban design. They provide continuity and break up the built environment with greenery. f. Sidewalks.Where sidewalks are not already present, sidewalks shall be five feet wide and ADA compliant. They are to be placed between the building and the planting strip when possible. New sidewalks that are to connect to existing sidewalks located adjacent to the street shall be curved or angled to create a continuous walkway. In cases where the existing sidewalk is (118) immediately adjacent to the street (or separated by a very narrow, less than 24 inches,planting strip)the required landscape strip shall be located between this sidewalk and the retail/commercial parking lot. 2. Site Design Issues a. Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Bus stops and drop- off/pick-up points should be considered as integral parts of the configuration.Pedestrian ways should be anchored by special design features such as towers, arcades,porticos,pedestrian light fixtures,bollards,planter walls, and other architectural elements that define circulation ways and outdoor spaces. The features and spaces should enhance the building and the center as integral parts of the community fabric. b. Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area,pedestrian plaza with benches,transportation center, window shopping walkways, outdoor play area,kiosk area,water feature, clock tower, steeple, or other such deliberately shaped area and/or a focal feature or amenity that adequately enhances such community and public spaces.Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. c. If the area is served by a bus service, areas shall be designed to accommodate existing or possible(future)bus service. C. Architectural elements 1. Districts: South Rt. 9, West Rt. 254, East Rt.254 a. Variations in rooflines should be used to add interest to, and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods. b. Rooflines shall be varied with a change in height every 100 linear feet in the building length. Parapets,mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan. c. Buildings should have architectural features and patterns that provide visual interests, at the scale of the pedestrian,reduce massive aesthetic effects, and recognize local character. The elements in the following standard should be integral parts of the (119) building fabric, and not superficially applied trim or graphics, or paint. d. Building facades shall include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty(30)feet, either horizontally or vertically. i. Color change ii. Texture change iii. Material module change iv. Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset,reveal, or projecting rib. e. Exterior building materials and colors comprise a significant part of the visual impact of a building.Therefore,they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods. f. Predominant exterior building materials shall be high quality materials. These include, without limitation: i. Brick ii. Wood ill. Sandstone iv. Other native stone v. Tinted,textured, concrete masonry units (1) Facade colors shall be low reflectance, subtle,neutral,or earth tone colors. (2) The use of high intensity colors,metallic colors,black or fluorescent colors is prohibited. (3) Building trim and accent areas may feature brighter colors,including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas. g. Absent good cause predominant exterior building materials as well as accents shall not include the following,: i. Smooth-faced concrete block ii. Tilt-up concrete panels ill. Pre-fabricated steel panels h. Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features. i. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: i. canopies or porticos ii. overhangs iii. recesses/projections iv. arcades v. raised corniced parapets over the door vi. peaked roof forms 120 vii. arches viii. outdoor patios ix. display windows x. architectural details such as tile work and moldings which are integrated into the building structure and design xi. integral planters or wing walls that incorporate landscaped areas and/or places for sitting j. Large retail buildings should feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments in a store.Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses. k. All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. 1. The number of entrances for the principal building shall be addressed at the preliminary development plan stage.Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements. The facades of large buildings should be designed to provide a small/pedestrian scale impression. There should be entrances at least every 75 feet. I in. Loading docks,truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters,trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that (121) are different from or inferior to the principal materials of the building and landscape. 2. Route 9 North district: a. Timber frame structures, with unique and ingenious natural expressions of materials, creating a cottage/cabin feel that blended into the natural scenery. b. Meticulous craftsmanship and innovative use of materials are essential components. c. Natural finishes, large windows,use of natural exterior elements in the interior, great rooms, and massive stone fireplaces are common elements of this style. d. May include the following: i. steep roof pitches ii. large roof overhangs iii. naturally finished materials such as twig ornamentation, notched logs and natural bark, split spruce branches arranged in sunburst and diamond patterns, iv. exposed structure,post brackets, complex,naturalistic railing and baluster design, large windows, stone chimneys and building elements, v. log or split log buildings The architectural guidelines in t 1 . Route 9 North district is to emphasize an Adirondack style. 71 (122) OFFICE A. SITE ORGANIZATION 1. Street Organization/On-Street Parking Restrictions a. Well-defined ADA compliant crosswalks, small turning radii at intersections and other traffic calming elements should be incorporated. b. On-street parking is prohibited on public roads. 2. Off-Street Parking a. Location: i. Placement of parking areas shall be at the rear of the building. Parking is not allowed in front of or on the sides of buildings unless a lot has two frontages, in which case parking may be allowed on the side but in no case shall parking be between the building and an arterial street. ii. Adjacent parking lots should have shared access points to reduce curb cuts. iii. Easements should be used to formalize shared access arrangements. iv. Businesses should be encouraged to share parking areas. When parking areas are shared, minimized on-site parking should be reduced or eliminated. v. Pedestrians and vehicular connections shall be required between adjoining parking lots, properties, and establishments. vi. Peak period (spillover) parking areas shall utilize alternate pervious paving materials such as grass pavers and gravel surfaces. b. Parking Area Landscaping: (123) i. Landscape materials shall be: trees, hedges, shrubs or low walls of brick, wood, wrought iron, or an acceptable substitute. Chain-link fencing is strictly prohibited. ii. For parking areas greater than twenty (20) stalls, a minimum of 20 percent of the interior parking area shall be planted. iii. All plant materials shall be of salt-tolerant varieties. iv. No parking space shall be more than fifty (50) feet from a tree with a four(4) inch caliper. v. The following are minimum size requirements for parking areas landscaping plants: (a) Canopy/Deciduous trees: 3" caliper (b) Small flowering trees: 2" caliper (c) Large shrubs: 30" height v. Trees shall be planted so that the trunk is a minimum of 2'/z feet from curb edge. (124) ' Five foot landscaped buffer between side parkine and sidewalk f 1 4 9 Parking behind buildings. Shared access to parking Future connection between parking lots B. SITE DESIGN 1 Screening and Buffers a. Landscape screening and buffers shall be installed on projects that border other zoning districts. b. Zoning district buffers shall be native vegetation, such as coniferous trees and shrubs. c. Zoning district buffers shall be a minimum fifty (50) feet wide, and shall include a minimum of five (5) trees per one hundred (100) linear feet of buffer. Trees shall have a minimum height of ten(10)feet. d. When appropriate, the planning board may require a visual screen or buffer between properties within the same district. e. Parking, services, and loading/maneuvering areas should be reasonably landscaped and screened from view of adjacent properties and from within the project site. C. Site Lighting (125) 1. All lighting fixtures shall comply with those standards set forth in Article 6. of the Town of Queensbury Zoning Code. 2. Cobra and highway style lighting fixtures are prohibited. 3. For small office uses, lighting fixtures shall be residential in appearance. 4. Pedestrian scale light fixtures shall be installed and shall be of a style that compliments the buildings. If there is a predominant style of lighting in the immediate area, the style of lighting should be continued provided that it meets the requirements of Article 6 of the Town of Queensbury Zoning Code. D. Sidewalks 1. Material: Shall be constructed of concrete, brick, concrete or stone pavers, stone slabs, or asphalt. 2. Width and Location: a. Along major roads, sidewalks shall be a minimum of five(5) feet wide and shall have a minimum four (4) foot planting strip between the curb and the sidewalk. b. Sidewalks can be "paved pathways" for walking and biking, rather than typical sidewalks due to low volume of pedestrian traffic. c. Connecting to residential districts — sidewalks shall be a minimum of five (5) feet wide and shall have a minimum four (4)foot planting strip between the curb and the sidewalk. 3. Sidewalk Connections: a. Where sidewalks cross a parking lot access drive, the pedestrian paving pattern shall continue uninterrupted as a means of Sidewalk pattern continues across alerting pedestrians and drivers where their paths cross. Where driveway areas to alert walkers enhanced pavers are used, the pattern generally abuts asphalt. In and drivers. (126) these cases, a band of natural concrete should be added as a protective edging between the asphalt and the decorative paving. b. New sidewalks must connect to adjacent properties. 4, Sidewalk Landscaping: a. All street plantings in paved areas shall be covered with a porous hard surface grate. Trees should not be planted closer than seven (7)feet to the building line. b. When a planting strip is present between the sidewalk and the curb, street trees shall be planted in it. c. All plant materials shall be of salt-tolerant varieties. d. One large deciduous tree for each thirty-five (35) feet of linear road frontage (minimum). The street trees should generally be evenly space to create or maintain a rhythm/pattern. e. Tree species shall include those that are native to the area including coniferous trees; those that would reflect a more "Adirondack"feel. (127) MAIN STREET(MS) A. SITE ORGANIZATION 1. Building Placement/Front Yard Setback a. To promote pedestrian interest and continuity, the street level shops shall be retail, office, professional office, gallery, personal service establishment,restaurant or tavern along Main Street. b. Buildings shall present their main fagade and entrance toward the street. Buildings shall be oriented parallel or perpendicular to public sidewalks and allow for parking in the rear or side of the proposed structure. c. Buildings shall be located twenty-one (21) feet from the edge of the pavement on Dix Avenue and the edge of Main Street after it is widened d. Up to 50 percent of the front fagade may include recesses at least eighteen (18) inches deep and three (3) feet wide, but no more than ten (10) feet deep. The Build-to Line must be regained on both sides of the recess. e. Where existing conditions fail to meet the build-to requirements, streetscape elements (hedge,picket fence, canopy, trellis, etc.) or building additions should be added to achieve the desired effect. f. Buildings on street corners at intersections shall be designed so that visibility is not cut off. 2. Building Placement/Side Yard Setback None 3. Street Organization/On-Street Parking Restrictions a. New internal access roads shall be required for development involving more than one principal building on one parcel. (128) b. Internal access roads shall create or continue an interconnected network of streets (i.e. grid pattern), including connections to neighboring parcels. c. Cul-de-sacs and dead end streets are prohibited, except where topography or natural features make them necessary. d. Well-defined, ADA compliant crosswalks, small turning radii at intersections and other traffic calming elements should be incorporated. e. In order to facilitate fewer curb cuts, alleys should be used for access to parking lots behind buildings. f. On-street parking allowed on private streets or internal roads. 4. Off-Street Parking a. Location: i. Placement of parking areas shall be at the rear of the building. ii. Minimum parking requirements do not apply in the Main Street zone. iii. Parking areas located on the sides of buildings is strongly discouraged, however is allowed if additional parking is necessary. iv. If parking is located along the side of a building, a minimum five (5) foot landscape buffer between the parking area and the edge of sidewalk is required. This requirement does not apply to allyways.. v. Adjacent parking lots should have shared access points to reduce curb cuts. vi. Easements should be used to formalize shared access arrangements. (129) vii. Businesses should be encouraged to share parking areas. When parking areas are shared, minimum on-site parking requirements should be reduced or eliminated. (See §179-4- 090). viii.Off-street in front of buildings is prohibited. ix. Pedestrians and vehicular connections shall be required between adjoining parking lots, properties, and establishments. x. Peak period (spillover) parking areas shall utilize alternate pervious paving materials such as grass pavers and gravel surfaces. xi. Parking garages should be constructed if feasible to satisfy off-street parking requirements. The sidewalk level facades of garages shall be designed to encourage active uses and obscure the view of parked cars. b. Parking Area Landscaping: Landscape materials shall include: trees, hedges, shrubs or low walls of brick, wood, wrought iron, or an acceptable substitute. Chain-link fencing is prohibited. For parking areas greater than twenty (20) stalls, a minimum of 10% of the interior area shall be planted. No parking space shall be more than fifty (50) feet from a large deciduous tree. All plant materials shall be of salt-tolerant varieties. The following are minimum size requirements for parking areas landscaping plants: (1) Canopy/Deciduous trees: 3" caliper (2) Small flowering trees: 2"caliper �13�) (3) Large shrubs: 30"height Trees shall be planted so that the trunk is a minimum of 2%z feet from curb edge. B. SITE DESIGN 1. Screening and Buffers a. Landscape screening and buffers shall be installed on projects that border other zoning districts. b. Zoning district buffers shall be a minimum fifty (50) feet wide, and shall include a minimum of five (5) trees per one hundred (100) linear feet of buffer. Trees shall have a minimum height of ten(10)feet. E. When appropriate, the planning board may require a visual screen or buffer between properties within the same district. F. Parking, services, and loading/maneuvering areas should be reasonably landscaped and screened from view of adjacent properties and from within the project site. C. Site Lighting 1. All lighting fixtures shall comply with those standards set forth in Article 6. of the Town of Queensbury Zoning Code. 2. Cobra and highway style lighting fixtures are prohibited. 3. Pedestrian scale light fixtures shall be installed and shall be of a style that compliments the buildings. If there is a predominant style of lighting in the immediate area, the style of lighting should be continued provided that it meets the requirements of Article 6 of the Town of Queensbury Zoning Code. D. Sidewalks 1. Material: (131) Shall be constructed of concrete, brick, concrete or stone pavers,or stone slabs. Asphalt is not allowed. 2. Width and Location: Minimum five (5) feet wide, accompanied by a minimum four (4) foot planting strip between the curb and the sidewalk. 3. Sidewalk Connections: a. Where sidewalk crosses a parking lot access drive, the pedestrian paving pattern shall continue uninterrupted as a means of alerting pedestrians and driver where their paths cross. Where enhanced pavers are used, the pattern generally abuts asphalt. In these cases, a band of natural concrete should be added as a protective edging between the asphalt and the decorative paving. b. New sidewalks must connect to adjacent properties. 4. Sidewalk Landscaping: a. All street tree plantings in paved areas shall be covered with a porous hard surface grate and planted between the curb and the street. b. Minimum 3-inch caliper trees should be planted every twenty- five (25) feet in a five (5) foot wide strip between the sidewalk and road. c. A combination of trees should be used, and should be tolerant of urban conditions, especially salt and sand deposited with snow removal. Tree species should include: ■ Red Maple ■ Ginkgo ■ Zelkova ■ Green Ash ■ Chinese Elm ■ Thornless Honey Locust ■ Little Leaf Linden ■ Oak 5. Sidewalk Retail a. Sidewalk retail is strongly encouraged. b. Merchandise shall be removed at the close of business. c. No retail activity shall obstruct the safe passage of pedestrians on sidewalks and a minimum of five (5) foot wide unobstructed path shall be maintained at all times on sidewalks. 6. Public Plazas and Outdoor Dining a. Plazas (1) A public plaza is an open space that is continuously accessible to the public. It may be landscaped with natural or built materials and should be surrounded by buildings or streets and open to the sky. Plazas usually provide amenities such as seating, ornamental fountains, lighting, and landscaping for use by pedestrians. (2) Plazas are strongly encouraged. (3) Plazas should incorporate works of art, fountains or other structures, which will serve as a focal point. (4) Plazas should be constructed on side of building that receives the most sunlight possible, if conditions allow. (5) Plazas can provide an expanded area for arts festivals, farmers' markets and other attractions/events and provide a more pedestrian-firendly"people-oriented place. (6) Buildings that surround plazas should open onto that space. (7) Enhanced paving should be used to accent important "places" outdoors: at entrances as a "welcome mat," and in spaces where people congregate,pause or wait. (133) b. Outdoor Dining: (1) Outdoor dining is strongly encouraged in plazas and on public or private sidewalks. (2) Outdoor dining areas and furniture should be temporary and dismantled during winter months. (3) Outdoor dining structured shall be consistent within existing state regulation for safety. (4) No outdoor dining area shall obstruct the safe passage of pedestrians on sidewalks. A minimum five (5) foot wide unobstructed path shall be maintained on sidewalks. (5) If the outdoor dining area creates an edge matching the line of the building fagade, the edge shall be made of transparent fence made of wood or wrought iron at a maximum height of four(4) feet. (6) In no case shall the fence / railing combination prohibit views from the sidewalk into the outdoor dining. 7. Utilities All power lines and utilities shall be placed underground. E. ARCHITECTURAL DESIGN 1. Building Height/Proportion a. Buildings shall be a minimum height of two stories and 25 feet and a maximum height of 60 feet on Main Street and Dix Avenue. Buildings within one hundred fifty (150) feet of West Main Street and Dix Avenue and adjacent to plazas shall have the same building height requirement. b. First story height should be a minimum of twelve (12) feet measured floor to floor. (134) 2. Roof a. Prohibited: Gambrel or mansard roofs. b. Allowed: i. Flat roofs are preferred with symmetrically shaped parapets. ii. Hip roofs are also allowed. iii. All permitted roofs shall incorporate a parapet with cornice details along facades facing public streets. iv. Plain parapets not allowed. _4 Mansard roof Gambral roof Hip roof 3. Fagade Treatment and Fenestration -r a. Individual store entrances should be spaced between five and 30 feet. This promotes continuity and vitality while maintaining j } safety. b. Building transparency and interior lighting is important at the street level; consequently, ground floor levels facing major or internal access roads shall have a minimum of 60 percent of transparent glass surface that is oriented vertically, beginning within twenty-four(24) inches from above the sidewalk. c. Where full shop front area is expressed architecturally utilizing framing and infill panels of wood or other approved shop front Vertically oriented materials, a minimum clear glass area of at least 40 percent is windows(top)are allowed. Horizontally oriented required, starting within thirty-six (36) inches from above the windows, also known as sidewalk. ribbon windows,are not allowed. d. Floor to ceiling windows are prohibited. (135) e. Upper floor windows should relate to the first in shape, form, and pattern. f. Upper floor windows should make up at least 30 percent of the facade. g. Windows should not be mounted flush to the exterior of the facade. h. The architectural treatment of the building facade should be continued in its major features, around all visible sides from the primary street. i. Blank, windowless walls facing sidewalks, streets and other public places are prohibited. j. Dark or reflective tinted glass is prohibited along Main Street and Dix Avenue frontage. k. Drive-thru windows are prohibited. 4. Awnings and Canopies a. Awnings are strongly encouraged on building facades that face public streets. b. One sign shall be permitted for each window or door of the facade covered by the awning. Any sign (logo and/or lettering) on an awning shall not exceed 25% of the exterior surface of the awning; or one hundred (100) square feet per building facade, whichever is less. c. Awnings to which signs may be attached shall be fastened to the facade of the building and not supported from the ground. shall not extend more than seven (7) feet from the facade; and no portion of the awning shall be nearer than seven (7) feet from the ground. d. All awning signs shall only identify the business establishment occupied by the facade on which the awning is located. (136) e. Awnings shall be constructed of canvas. Plastic and metal awnings are not permitted. f. Retractable awnings are permitted. 5. Specialty Equipment a. Rooftop mechanical equipment, satellite dishes, antennas, and all other rooftop equipment shall be screened so as to not be visible from public view. Screening shall consist of architecturally compatible materials, parapets, sloped roof form or walls that are at least as high as the equipment being screened. b. Ground level equipment, such as dumpsters and loading docks, shall be screened so as to not be visible from public view. Screening shall consist of landscaping, natural material walls, fencing, or other design treatments compatible with the finish of the principal building. 6. Materials and Color a. Permitted Fagade Materials: i. Common red brick. ii. Natural stone, stone veneer, or cast stone. iii. Wood. iv. Siding of high quality recycled product simulating a natural material. b. Prohibited Materials: i. Plain(bare)masonry units. ii. Plain vinyl or metal siding. iii. Imitation stone,plastic, composite, or resin products. (137) c. Trim Materials: i. Finish-grade painted or stained wood. ii. Bare, lumber grade wood strongly discouraged. ill. Windows should have anodized aluminum or wood frame. Bare aluminum frames are prohibited. d. Building Colors: Colors should be chosen from a commercial paint distributor's historic color pallet, and shall be submitted for review. Fluorescent colors are prohibited. _ .}1 Guidelines in the Main Street districts aim to ' t j create vibrant mixed-use neighborhoods. 179-7-080 ALL INDUSTRIAL ZONES A. SITE ORGANIZATION 1. Building Placement&Front Yard Setback a. Buildings must present their main fagade and entrance toward a public or interior, private street. Buildings should be oriented parallel or perpendicular to public sidewalks and allow for parking in the rear or side of the proposed structure. (138) b. In industrial zones where commercial uses are permitted, the entire footprint of the building containing the commercial use shall be within of four hundred (400) feet of a public road and a maximum of forty thousand (40,000) square feet. c. In industrial zones where commercial uses are permitted, a commercial use need not be contained with 400 feet of a major public road if it is directly related to and either connected to or adjacent to an industrial use in the same zone (e.g. selling products made at the factory). 2. Off-Street Parking a. Location: Placement of parking areas shall be at the rear or on the side of the building. b. If parking is located along the side of a building, a minimum five (5) foot landscape buffer between the parking area and the edge of sidewalk is required. c. Off-street in front of buildings is prohibited. d. Peak period (spillover) parking areas shall utilize alternate pervious paving materials such as grass pavers and gravel surfaces. e. Parking garages should be constructed if feasible to satisfy off- street parking requirements. The sidewalk level facades of garages shall be designed to encourage active uses and obscure the view of parked cars. 3. Parking Area Landscaping_ a. Landscape materials shall include: trees, hedges, shrubs or low walls of brick, wood, wrought iron, or an acceptable substitute. Chain-link fencing is prohibited. b. For parking areas greater than twenty (20) stalls, a minimum of 10 percent of the interior area shall be planted. c. No parking space shall be more than fifty (50) feet from a large deciduous tree. d. All plant materials shall be of salt-tolerant varieties. e. The following are minimum size requirements for parking areas landscaping plants: i. Canopy/Deciduous trees: 3" caliper ii. Small flowering trees: 2"caliper (139) iii. Large shrubs: 30"height f. Trees shall be planted so that the trunk is a minimum of 2'/2 feet from curb edge. 4. Green Space a. A minimum of 35 percent of properties shall be set aside as green space. b. Green space shall be organized in a meaningful and useful manner as one or more parks, squares or community greens. B. SITE DESIGN 1. Screening and Buffers a.. Landscape screening and buffers shall be installed on projects that border other zoning districts. b. Zoning district buffers shall be native vegetation, such as coniferous trees and shrubs. c. Zoning district buffers shall be a minimum fifty (50) feet wide, and shall include a minimum of five (5) trees per one hundred (100) linear feet of buffer. Trees shall have a minimum height of ten(10)feet. d. When appropriate, the planning board may require a visual screen or buffer between properties within the same district. e. Parking, services, and loading/maneuvering areas should be reasonably landscaped and screened from view of adjacent properties and from within the project site. 2. Site Lighting a. All lighting fixtures shall comply with those standards set forth in Article 6 of the Town of Queensbury Zoning Code. b. Cobra and highway style lighting fixtures are prohibited. c. Pedestrian scale light fixtures shall be installed and shall be of a style that compliments the buildings. If there is a predominant style of lighting in the immediate area, the style of lighting should be continued provided that it meets the requirements of Article 6 of the Town of Queensbury Zoning Code. 3. Sidewalks a. Material (140) Sidewalks shall be constructed of concrete, brick, or pavers made of concrete or stone. Asphalt is not allowed. b. Width and Location i. Sidewalks shall be "paved pathways" for walking and biking, rather than typical sidewalks due to low volume of pedestrian traffic. ii. Sidewalks shall be a minimum 4 feet wide, and ADA compliant. iii. Connecting to residential streets — minimum five (5) feet wide, accompanied by a minimum four (4) foot planting strip between the curb and the sidewalk. c. Sidewalk Landscaping i. One large deciduous tree for each thirty-five (35) feet of linear road frontage (minimum). The street trees should generally be evenly space to create or maintain a rhythm / pattern. ii. A combination of trees should be used, and should be tolerant of urban conditions, especially salt and sand deposited with snow removal. Tree species may include: (a) Red Maple (b) Ginkgo (c) Zelkova (d) Green Ash (e) Chinese Elm (f) Thornless Honey Locust (g) Little Leaf Linden (h) Oak 4. Waterfront Access: Public waterfront access is a major priority along the Hudson River. Public easements should be provided by property owners to ensure public access. 5. Utilities (141) a. All utilities should be buried wherever possible. b. At a minimum, utilities shall be organized in a manner that produces little visual clutter. c. ARCHITECTURAL DESIGN 1. Building Height/Proportion a. Multiple story buildings are strongly encouraged. b. Building height shall have a maximum of five(5) stories. c. First story height shall be a minimum of twelve (12) feet measured floor to floor. 2. Roof a. Prohibited: Gambrel or mansard roofs. b. Allowed: i. Flat,hip roofs. (a) All permitted roofs shall incorporate a parapet with cornice details along facades facing public streets. (b) Plain parapets not allowed. ii. Pitched roofs: (a) Should compliment the overall style of the building. (b) Materials should not be reflective. (c) Colors should complement the overall character of the building. (d) Should incorporate measures to prevent falling snow and ice onto the sidewalk. 3. Fagade Treatment and Fenestration The architectural treatment of the building fagade should be continued in its major features, around all visible sides from the primary street. 4. Specialty Equipment a. Rooftop mechanical equipment, satellite dishes, antennas, and all other rooftop equipment shall be screened so as to not be visible from public view. Screening shall consist of architecturally compatible materials, parapets, sloped roof form or walls that are at least as high as the equipment being screened. (142) b. Ground level equipment, such as dumpsters and loading docks, shall be screened so as to not be visible from public view. Screening shall consist of landscaping, natural material walls, fencing, or other design treatments compatible with the finish of the principal building. (143) Article 8 Landscaping and Buffering Standards § 179-8-010. General Provisions The purpose of this section is to establish requirements for the preservation of existing trees, the replanting of trees lost due to development and to provide requirements for minimum landscaping on site as well as within the town rights-of-way. Only trees from the list provided in this section or alternates approved by the Planning Board and or Zoning Enforcement Officer will be considered to meet the requirements of this ordinance. Tree caliper shall be measured four and a half(4.5) feet from the base of the tree. The developer/owner shall make every effort to preserve and protect significant trees over eighteen inches in caliper. The requirements of this section shall apply to all vacant undeveloped property and all property to be redeveloped, including additions and alterations. A landscape plan must be submitted as part of the site plan review process. A tree schedule must also accompany the final plat submitted prior to site plan review. Evergreen landscape materials must be included to achieve at least a 1:3 ratio between evergreen and deciduous plants, except that the Planning Board may, at its discretion, require a greater ratio of evergreen to deciduous plants where it determines that such a greater ratio would be desirable. Where the location of existing overhead or underground utility lines conflict with the required landscaping strip and tree planting, the Planning Board may approve an alternative plan to meet the intent of the ordinance. Required landscaping must be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed. A one-year warranty must be provided for all planted trees and shrubs, from the plant supplier, prior to the issuance of a certificate of occupancy. § 179-8-020. Applicability The landscaping requirements of this Article are not retroactive. They shall be applied by the Planning Board as part of any site plan review. A site plan review affecting only a portion of a site triggers the landscaping requirements of this section. The Planning Board may waive some or all of the requirements of this section, at its discretion. § 179-8-030. Tree List Plant species shall generally be selected from the following list of species. Substitutions may be made at the discretion of the Planning Board. (144) SUGGESTED DECIDUOUS SHADE TREES Common Name Scientific Name Red Maple Acer rubrum Hackberry Celtis occidentalis Green Ash(Seedless only) Fraxinus pennsylvanica White Ash (Seedless only) Fraxinus Americana Ginkgo/Maidenhair Ginkgo biloba Amur Cork Phellodendron amurense American Plane Platanus occidentalis Red Oak Quercus rubra White Oak Quercus alba Pin Oak Quercus palustris Little Leaf Linden Tilia cordata SUGGESTED EVERGREEN SHADE TREES Common Name Scientific Name Spruce varieties Picea (varieties) -Cedar/Juniper varieties Juni erus (varieties) Pine varieties Pinus (varieties) Yew varieties Taxus (varieties) Arborvitae varieties Thuja (varieties) Hemlock varieties Tsuja (varieties) § 179-8-040. Shoreline Buffers A. Purpose, Intent and Applicability. 1. Run-off from developed areas has been identified as a significant threat to our aquatic environment. Stormwater runoff is one of the major sources of nitrogen and phosphorous pollution. Clear-cut to the water increases sediment runoff and erosion. One of the most effective steps to protect our water quality is to maintain a buffer zone of natural vegetation along the shoreline. Maintaining a naturally vegetated buffer is a good management practice that can minimize, and in some cases eliminate, nonpoint sources of pollution. 2. Turf does not protect water quality as well as a natural buffer because shallow rooted grass has a minimal ability to filter nutrients and sediment and is not as effective in allowing infiltration of water into the soil. Additionally, using turf promotes the use of fertilizers, herbicides and pesticides. 3. Landscaping for water quality means maintaining existing vegetation, adding more trees and shrubs, establishing perennial gardens, wildflower beds, rain gardens and other vegetation that maximizes the beauty of the parcel while minimizing harmful impacts on the environment. 4. Environmental and aesthetic benefits can coexist with access and use as long as natural vegetation is maintained over a substantial area. Additionally, a natural shoreline helps maintain the distinctive appearance and atmosphere of the Adirondack region. (145) 5. Advantages of Requiring Vegetation Protection Buffer zones: a. Stabilize shorelines and helps prevent erosion. Removal of natural vegetation destabilizes the shoreline and makes it more susceptible to erosion forces. b. Act as a living transition zone between the water body and upland uses. c. Provide fish and wildlife habitat and helps preserve biodiversity d. Minimizing stormwater runoff reduces nutrient/pollutant contributions. e. Traps sediments and take up nutrients and other pollutants. f. Normalize water temperatures in nearshore areas. g. Preserve a naturally beautiful shoreline. h. Provides privacy. i. Low maintenance. 6. Natural buffers consist of plants that have much deeper root systems than turf grass and will absorb more water and nutrients and provide for a more stable shoreline. 7. These standards shall apply to all waterfront properties and uses. These standards may be met by saving existing trees and other native vegetation on the site or by planting new materials from the list below. B. Buffer Requirements 1. Minimum width: Where no vegetative buffer exists, one shall be created with a width of at least 15 foot perpendicular horizontal measurement from shoreline. Existing buffers are subject to the requirements of Section 179-6-050(B). 2. Buffer composition and density a. For every 50 linear feet (following the shoreline contour) of shoreline buffer (density calculation for large tree and smaller tree/large shrub canopy will include clearing area): i. 1 —Large tree—minimum 3 inch diameter breast height ii. 1 — Smaller tree or large shrub b. For every lot shoreline (following the shoreline contour) or increment less than 50 linear feet (including clearing area): 1 — Smaller tree or shrub c. For every 100 square feet of groundcover buffer (allowed clearing area exempt): 10 - Herbaceous plants. Ground cover density minimums may have to be altered to accommodate large trees and/or existing vegetation d. Use of existing natural vegetation is generally preferred. C. Acceptable tree and plant species 1. Plants that will grown in or adjacent to water and are suitable for shoreline and wetland planting a. Larger Trees (canopy): i. Black Spruce (Picea mariana) ii. Eastern Arborvitae (Thuja occidentalis) iii. Red Maple (Ater rubrum) iv. White Spruce (Picea glauca) (146) v. American Larch (Larix laricina) vi. Black Ash (Fraxinus nigra) b. Smaller Trees And Large Shrubs (understory): i. American Cranberry(Viburnum trilobum ii. Black Chokecherry (Aroma melanocarpa) iii. Buttonbush (Cephalanthus occidentalis) iv. Bebb's Willow (Salix bebbiana) v. Meadowsweet (Spiraea alba) vi. Mountain Holly (Nemopanthus mucronatus) vii. Northern Spicebush (Lindera benzoin) viii. Red Chokecherry (Aroma arbutifolia) ix. Red Twig Dogwood (Corn-us sericea) x. Shining Willow (Salix lucida) xi. Speckled Alder (Alnus incana) xii. Steeplebush (Spirea tomentosa) xiii. Sweet Gale (Myrica gale) xiv. Winterberry Holly (Llex verticillata) xv. Witch Hazel (Hamamelis virginiana) c. Herbaceaous Plants (Perennials) (ground cover): i. Beebalm (Mondarda didyma) ii. Blue Flag Iris (Iris versicolor) iii. Blue Vervain (Verbena hastata) iv. Broad Leaved Cattail (Typha latifolia) v. Great Blue Lobelia(Lobelia siphilitica) vi. Joe Pye Weed (Eupatorium) vii. Meadow Rue (Thalictrum dioicum) viii. New York Ironweed (Vernonia novaboricensis) ix. Wild Senna(Senna hebecarpa) 2. Plants requiring shady conditions a. Smaller Trees And Large Shrubs (understory): i. Maple Leaf Viburnum (Viburnum acerifolium) ii. Mountain Maple (Acer spicatum) iii. Pagoda Dogwood (Cornus alternifolia) iv. Striped Maple (Acer pensylvanicum) b. Herbaceaous Plants (Perennials) (ground cover) i. Red Baneberry (Actea rubra) ii. Bluebead Lily (Clintonia borealis) iii. Canada Mayflower(Maianthemum candense) iv. Meadow Rue(Thalictrum dioicum) v. Trillium (Trillium erectum) 3. Other growing conditions: a. Larger Trees (canopy): i. Black Cherry(Prunus serotina) ii. Red Pine (Pinus resinosa) iii. Sugar Maple (Acer saccharum) iv. White Ash (Fraxinus americana) (147) v. White Pine (Pinus strobus) vi. Yellow Birch (Betula allegheniensis) vii. American Beech (Fagus grandifolia) viii. Balsam Fir(Abies balsamea) ix. Basswood (Tilia americana) b. Smaller Trees And Large Shrubs (understory): i. American Bladdernut (Staphylea trifolia) ii. American Elderberry (Sambucus canadensis) iii. American Hazelnut (Corylus americana) iv. American Hormbeam (Carpinus caroliniana), v. Beaked Hazelnut (Corylus cornuta) vi. Chokecherry (Prunus virginiana) vii. Hobblebush (Viburnum lantanoides) viii. Hop Hornbeam (Ostrya virginiana) ix. Prickly Ash (Zanthoxylum americanum) x. Shad Service Berry(Amelanchier candensis) c. Herbaceaous Plants (Perennials) (ground cover) i. Big Bluestein Grass (Andropogon gerardii) ii. Bugbane (Cimicifuga racemosa) iii. Bunchberry(Cornus candensis) iv. Christmas Fern(Polystichum acrostichoides) v. Swamp Milkweed (Asclepias incarnate) vi. Turtlehead (Chelone glabra) vii. Wild Bergamot (Monarda fistulosa) D. Invasive plants that are not acceptable 1. Norway Maple (Acer platanoides) 2. Garlic Mustard (Alliaria petiolata) 3. Japanese Barberry(Berberis thunbergii) 4. Asiatic Bittersweet (Celastrus orbiculatus) 5. Autumn Olive (Elaeagnus umbellata) 6. Japanese Knotweed (Polygonum cuspidatum) 7. Bush Honeysuckle (Lonicera spp.) 8. Purple Loosestrife (Lythrum salicaria) 9. Common Reed (Phragmites australis) 10. Buckthorn (Rhamnus spp.) 11. Multiflora Rose (Rosa multiflora) 12. Black Swallow-wort (Vincetoxicum nigrum). 179-8-050. Multi-Family and Non-Residential Landscaping Requirements A. Applicability. These standards shall apply to all commercial, industrial, and multi- family residential zoning districts and uses. These standards may be met by saving existing trees on the site or by planting new trees from the above list. (148) B. Landscaped Strips Along Streets. A landscaped strip shall be provided adjacent to all public and private streets. The landscaped strip shall be a minimum of ten (10) feet wide, exclusive of street right-of-way. Within the landscaped strip, one (1) shade tree (3" caliper minimum) shall be provided per every two hundred fifty (250) linear feet, or any portion thereof, of landscaped strip. Required shrubbery shall be no higher than four (4) feet above existing street grades, nor shall any tree with foliage extend below ten feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within twenty (20) feet of any street intersection or ten (10) feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times. Where parking lots and drive abut the landscaped strip along street right-of-way, evergreen shrubs selected from the list below must be provided for screening. The screening must be a plant species that grows a minimum of three (3) feet high and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility clips. A landscaped berm may be provided in lieu of required shrubs. The berm must be eighteen (1 S) to forty (40) inches above the average grade of the street and parking lot curbs with a slope not to exceed 3:1. If a parking lot is located fifty(50) feet or more from the street right-of-way line, no screening shrubs or berm will be required. SUGGESTED EVERGREEN LOW SCREENING SHRUBS Common Name Scientific Name Euonymous Euonymous fortunei Oregon Grape Mahonia a uifolium Rhododendron Rhododendron (`compacta' varieties) Holly Ilex (`com acta' varieties) Dwarf Hinoki False Cypress Chamaecyparis obtuse `Nana Gracilis' Spruce Picae (varieties) Juniper Juni erus (varieties) Yew Taxus (varieties) SUGGESTED EVERGREEN TALL SCREENING SHRUBS Common Name Scientific Name Spruce Picae (varieties) Juniper Juni erus (varieties) Yew Taxus (varieties) The Blue Hollies Ilex meservae Mountain Laurel Kalmia latifolia Fire Thorn Pyracantha Rhododendron Rhododendron Leatherleaf Viburnum Viburnum rhytide phyllum C. Visibility. Street level landscaping shall not interfere with visibility. See Section179-6-020, Lighting, of this ordinance. (149) D. Interior Parking Lot Landscaping. Interior parking areas shall be landscaped in addition to the required landscaped strip. Trees must be provided in each parking lot at a minimum average density of one (1) shade tree (3" caliper) for each fifteen (15) parking spaces, or any fraction thereof. Additionally, interior parking lot landscaping shall be provided in accordance with the following table: Total Parkin Area Interior Landscaped Area <24,999 square feet 5% 25,000—49,999 square feet 8% 50,000 square feet or larger 10% E. Exterior Parking Lot Landscaping. A landscaped strip shall be provided around the perimeter of the site exclusive of driveways. The landscaped strip shall be a minimum of five (5) feet wide for sites 10,000 square feet or greater and three (3) feet wide for sites less than 10,000 square feet, except for any area abutting a public street, in which case the requirements of Section B. above shall apply. Within the perimeter landscaped strip, one (1) shade tree (3" caliper minimum) shall be provided per every two hundred fifty (250) square feet, or any portion thereof, of landscaped strip. F. General Parking Lot Landscaping. See Figures 23-26. Parking lot landscaping shall be met for all customer and employee parking. Parking lot landscaping requirements shall apply to storage and standing parking spaces incidental to uses such as sales and rental of motor vehicles, mobile homes, boats, trailers, or other similar uses if such storage is visible from any public rights-of-way. To calculate the total parking area and the subsequent percentage of required interior lot landscaping, total the square footage of parking spaces, planting islands, curbed areas, and all interior driveways and aisles, except those with no parking spaces located on either side. Landscaped areas located outside the parking lot may not be used to meet the interior landscape requirement. The required landscaping for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the Planning Board reviewing the landscape plan, where shape or size of the parking lot, the location of existing trees, or other natural constraints reasonable prevent such distribution. All landscaped areas, including permeable areas and drip lines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion. Such areas shall have a minimum pervious area of sixty% (60 per cent) if they are for the purpose of housing landscaping including trees and twenty-five% (25 per cent) if they house landscaping other than trees. Landscaped islands will be a minimum five (5) feet in (15�1 dimension and must be a minimum of nine (9) feet wide when adjacent to parking spaces where a car door would open into the island. G. Festival Parking Alternative The Planning Board may waiver certain provision of this section including by not limited to internal landscaping for parking area for certain land uses such as amusement centers, ski centers, and similar places of mass gathering where parking lots will be managed and filled by parking lot attendants. In order to qualify for this waiver, the planting that would be placed internally shall supplement those placed externally to the parking field so as to further enhance the site. § 179-8-060. Types of Buffer Zones Between Uses The purpose of buffer zones is to separate land uses and offer visual screening between uses that may not be compatible. The level of general compatibility dictates the level of screening. Three different types of buffers are specified. The buffer types are designated as Type A, Type B and Type C buffers. The following table illustrates the types of buffers required between adjacent uses. (151) INTERIOR L.ANDSOAPE PARKING LOT REQUIREMENTS: (1) ONE — 3- CALIPER SHADE'TREE REQUIRED PER EVERY 45 SPACES. (2) RATIO OF TOTAL LANDSCAPED AREA REQULRED PER SQUARE FEET OF PARKING LOT (TWS INCLUDES .ALL SPACES. 'AISLES. CUIVIlt+IG..AND CURSED ISLANDS) ARE AS .F < 24.999 SF NEEDS 5X OF TOTAL PARIONG LOT LANDSCAPED 25.00D-49.999 SF NEEDS lBX OF TOTAL: PAFWNG .LOT LANDSCAPED 50,000 SF OR LARGER NEEDS'1OX OF TOTAL PARKING LO:T:LANDSOAPED SEE SECTIONS 179-8-040 AND .,ARTICLE MO .' PROPOSED SITE £XAMPLEr Seat _... . . (s) '�� NtJMBEeZ of Nee FEET OF Mtt1ERIM PARKING SPAN •■ID&OW SF INIMORmlJ1t SPACE r.�.r�..=T E �AGE OBL 04 IMEM SIE UMM.'r Wild (1) a SNARE 7REES 2 =OF Nt1EMOR PAFMING LOT WAXOMS LANDSCAPED AREA r 14ew SF TOTAL AREA LANOSC%PED« t2.712 SF (Ct11tElE0 14t1ERIGR fSL/1NpSi) (152) EXTERIOR LANDSCAPE PARKING LOT REQUIREMENTS: (1) SITES 1O.000 SF AND GREATER REQUIRE LANDSCAPE STRIP OF 5' MINIMUM; SITES LESS THAN 10.00 SF REQUIRE A LANDSCAPE STRIP OF 3' MINIMUM SITES LESS THAN 10.000 SF REQUIRE A LANDSCAPING STRIP OF 3' MINIMUM (DOES NOT APPLY'TO AREAS ADJACE14T TO A PUBLIC STREET) (2) ONE - 3- CALIPER SHADE TREE TO 43E REQUIRED PER EVERY 250 SF .OF THIS LANDSCAPE STRIP -SEE SECTIONS 179-8-040 AND «, ,r ARTICLE 'AN. F. i [ _ C, (n TOTAL SWAItE FEET OF SITE-U&MO v t .._.-.__. PROPMED—CATE FXAMPLr WITH #! 1 d1mtnl�ItIn11TT11�i / RE >iR_MFNTS APPLIED; tIO5 IIE E STWPOM"* FOR EXU7" LJfill/iii7iU F (2) LAMDSCAPE STAFF - 1"0 SF MITIF . CALPER SHADE TREES (ARE REQURW FOR TW E7CTERFOR 1' I.ANO9CAP'E S1RFP 1..�._—........,.,....,.... .�.....�.,.....-__ .�.... b' EXTMOR I A ODMAPE STAMP (153) _LANDSCAPE STRIPS ALONG STREETS REQUIRMENTS: (1) A 10' WIDE LANDSCAPE STRIP IS REQUIRED ALONG ALL STREETS PUBLIC OR PRIVATE EXCLUDING THE RIGHT-OF-WAY, MINIMUM. ONE -3" CALIPER SHADE TREE IS REQUIRED FOR EVERY 250 LF OF THIS STRIP, (2) ALL PROPOSED TREES TO BE A DISTANCE OF 35' FROM ALL STREET INTERSECTIONS AND 10' FROM ALL DRIVEWAY STREET INTERSECTIONS IN ORDER TO MAINTAIN VISIBILITY. (3) IN AREAS THAT PROPOSED PARKING IS ADJACENT TO A STREET: - 3' HIGH EVERGREEN HEDGE IS REQUIRED OR - A 18-40" HIGH BERM AT NO GREATER THAN A 3:1 SLOPE (AREAS A DISTANCE OF 50' FROM STREET RIGHT-OF-WAY OR GREATER DO NOT REOUIRE A BERM OR EVERGREEN HEDGE) 1.s 10' LANDSCAPED STRIP 20' EVERGREEN HEDGE OR FEET FROM DRIVEWAY AND 3 BERM REWRED AT PARKING STREET INTERSECTION WITH REOURED LOT EDGE ADJACENT TO STREET. 3000 12 TREES FOR__ iF ELM ROAD PROPOSED p 111MUNNO a O W J re i. ,, ,.�-. ,_ a a u I I I 11.11-11 OHM CD :r •SEE SECTIONS ----- AND ARTICLE Vill (154) VEfMOAL LANDSCAPE REQUIREMENTS: 3. _...__. _.... . ` OVMKAD U71UTIES TREE SPECIES TO 13E SELECTED ACCORDW40 TO HEIGHTS TMT .DO NOT INTERFERE INTH OVERHEAD . UTILITIES. ALL TREES TO BE A MINIMUM DISTANCE y OF JS' AWAY FROM ALL ADJACENT w` STREETS AMID INTERSECTIONS DR 10' t(. A ATY FROM ANY DRIVEWAY/STREET ON0.I i :YN[ r .. _. 3 T GRADE «n STREET OnERSECTION SHRUB HEIGHT TO BE AT S' MAIOMUM HEIGHT ABOVE STREET GRADE. NO TREE rem" TO EXTEND BELOW 10' ABOVE THE ESTABUS ED STREET GRADE. (1 551 Buffer Requirements Between Adjacent Uses Land Uses Single Multi- Offic Retai Commercia Industria Family Family 5 e 1 1/ 1 Residentia Residentia Recreation 1 1 Single Family None B A B C C Residential Multi-Family B None A A B C Residential Office A A None A B C Retail B A A None B C Commercial/Recreati C B B B None B on Industrial C C C C B None Any use not specified above is considered a commercial use, unless otherwise determined by the Planning Board. § 179-8-070. Description of Buffer Types Buffer types are illustrated by Figure 27. Each buffer type contains certain minimum requirements, which are outlined in the table below. The buffer shall apply to both sides of the property line to which it is applied. Trees and shrubs are to be from the lists in this section. An opaque fence may be substituted for trees or shrubs of the minimum specified height, at the discretion of the Planning Board. Buffer Types Buffer Yard Type Minimum Number of Trees Minimum Height of Landscaped Required per 100 Required Trees Yard Linear Feet of Buffer A 10 feet 1 NA B 20 feet 3 6 feet C 50 feet 5 10 feet Parking or storage of vehicles of any kind or objects associated with the use of the property is not permitted within the buffer yards. When not inhabited with natural woody plants (i.e., trees and shrubs) sufficient to visually screen adjoining uses or zones, such buffer area shall be planted,re-graded and/or fenced. Buffer yards are in addition to landscape requirements outlined in this section and may not be used as a substitution for any part of the required landscaping. Where the use and area tables of this ordinance specify a 50 foot buffer, the requirements of a Type C buffer shall apply. (156) fftp s}h T.-v q:n xA UM� '00 , PAR T3.r-n+` - -rr�xntiau Ntg FM Moto BUFFER Y TYPE 'A' . HkCPlS." lJt i V �,r«',lllt f�'-f'!i0[ i 1►Y. }!!7[. n; E:�flrtttH.' - \i U'!JOCSM tDO.of:•____.�.. MM041r•R . ACitM! l'J.R_-'-'..:- \ 1A it".S';: '!i tp101N 10rCPA" KPikoX ' (At!IDiOiJ!IEa7 CAS OF1001Mu5 N[!!O�WS -- -NF:N1;,v:A�•p. j AW.,kq ' FOR t7 tOl�M13 � com IK$l k x , and i111 100 V FM•00 J COLOR �O1011 BUFFER YARD TYPE '8' BUFFER YARD TYPE '8' BUFFER YARD TYPE 'B' BUFFER YARD TYPE V § 179-8-080. Additional Buffering Requirements All industrial and commercial uses shall maintain a 50 foot natural or Type C buffer between the use and the adjoining lot line of any cemetery. All future development along upper Rout 9 as defined in 179-7-050 shall maintain a one hundred foot natural or Type C buffer between the use and the lot line adjoining Interstate 87 (I-87 or "Northway"). Preference shall be given to natural buffers; however, the Planning Board may require a Type C buffer where appropriate. §179-8-090. Landscaping of Dedicated Streets, Medians or Other Public Rights-Of-Way. General Provisions. All unpaved public medians and parkways shall be landscaped with a minimum of four (4) inches of topsoil and seeded or sodded with indigenous grass or low growing evergreen groundcover. In addition, one tree, from the approved list, per five hundred (500) square feet of landscaping shall be provided within the medians. The location of the trees shall be approved by the Highway Superintendent to avoid any conflict with any utilities within the medians and traffic movement. These landscape areas shall be maintained by the developer or the owner until adequate coverage is attained at a maintenance level compatible with like areas in other parts of the Town, or for three years, whichever comes first, unless other contractual agreements are made between the developer and the Town. A. Trees must not be planted within thirty feet of intersections or utility poles. B. Trees shall be spaced thirty (30) feet apart when planted in rows and fifteen (15) feet apart when planted in groups. C. Only trees with a mature height of less than thirty feet may be planted directly under utility lines. Trees with mature heights greater than thirty (30) feet must be planted a minimum of fifteen (15) feet from the outside edge of the last energized line. D. Ornamental tree spacing will be determined based on the desired effect. E. Trees must be planted a minimum of ten feet from the edge of the curb. § 179-8-100. Tree and Root Protection Standards During the development and construction of any commercial site, adequate protection measures shall be provided to minimize damage to existing trees and other vegetation to be preserved. A tree and root preservation plan shall be included with the landscape plan and shall consist of at least the following preventative measures: A. Tree and shrub protective barriers. Barriers shall be installed prior to grading, construction, or other land construction activity and may not be removed until after final inspection by the Zoning enforcement officer. Sturdy material substantial (158) enough to protect roots, trunk and crown of trees/ shrubs (example: Orange safety fencing at least 4 feet high on metal posts) may be used. The barrier shall be placed on a circumference along the farthest drip-line of the tree at minimum. Since the root system extends well beyond the drip-line, additional measures may be taken by the developer to ensure the safety of trees and shrubs. All proposed barriers shall be illustrated on the preservation plan. No ropes, signs, wires, unprotected electrical installation, or any other device or material may be hung on or tied around any tree or shrub. B. Non-disturbance area. No soil disturbance or compaction, stockpiling of soil or other construction materials, vehicular traffic, or storage of heavy equipment is allowed within the tree and root protection area or within the drip-line of trees to be retained. Non-disturbance areas are to be labeled on the site plan. C. Removal of landscape material. Dead trees and scrub growth shall be cut flush with the adjacent grade. Areas of removal are to be shown on the site plan. D. Root Pruning. Tree root pruning shall be used as a last resort. In the event that root pruning is absolutely necessary, equivalent canopy pruning in a marmer that preserves the character of the crown is required to sustain the health of the tree. Any necessary root pruning and mitigative measures are to be shown on the site plan. F. Tree Replacement. Trees or shrubs that are part of a commercial site plan that die or become sickly within three years of construction completion, as a result of negligence of the preservation plan specifications, shall be removed and replaced with trees from the approved list according to the following replacement schedule: Tree Replacement Schedule Size of Tree to be Replaced Number of 3" Caliper Replacements > 36" caliper, diameter breast heigh (dbh) Five 29"-36" caliper, dbh Four 21"-28" caliper, dbh Three 12"-20" caliper, dbh Two < 12" caliper, dbh One G. See Figure 28 for an illustration of the principals in this section. (159) E7dSTtt1C TARE[ 0 4' HWH TEMPORARY (: - CORSTRU'CIM-FE'HCE' l AT£abSTIFiG ! }. ! PLAN GRADE OR/IOE ! PEXISTING TREE :. ELEVATION + 3Q=4t SOME!#Km MUM CNO6S :M114,E VM Ae* " i AOttlfT'IMIlt i�c+ s to we+rtw ova=*on+e sir 00 NOW wAwa �"' twnatr w A M0Oi 00N01*M A*e towrtMr trwM1 L �M�,01101� kvm&am t- tlia"pWl"lt 7oo"ML auwm Mtfilt wr OM oft '7trMae aea.�e wt110t ve w tot wA►t,,rowi6 et aori �r wwuro wisT oaiw It0111 10�IRI f11011 �pINOC't"m UO idle A �6 s w an mm M1Lw*001'!M'Mr AOOTfc 31 M7 tgg7 14Ri1 A100 00MNri �Y[T4"Max =MT tMjP{�IC ww041lltq Ilf Wwm w K�Ialel!O/4�leC ML YIMR'7t+�OIK: 1�vm a ObF. M lows swommo m"laws nn[e<*o0t vvaa 0 tsltMiS tKi1t10 CMlOo N • � t10 WAZL AAA ail[�i wr IMM 71kLi' . 4. 00 UP AW O0r<1veW WUbM��pty&GUM=OWMA l0ow ter 110�dtl M�00TMN,ICw�IfRr1r f[01Yi w6 ,t�uw Y�MtII MwS �A mil. 0POW SW 00M'Me*M pAW fW wVWWa WT 9RY 1 OUS NIM Ni 4 "!rm 0Rra1e l "m tilYmaw ft"mw offolaesm t 890LO O tiara �R�"eO*w rt piel; cow NamNtlle R 10 HItIMi iit*IYR Tp*DOT t' N*M&J Aw«� tl�M1071�lwtpt fglFli lC HYttDIIM[7► fOIMtS ANt C'e1�lll.tD "No am 10 0[w0m$Ww"CLOOM t - AoKotipM 1r wn RmaalueMR Me to ocA*ov w � w sd u OWN"f UXAWAW AMM A0 060MS art lAO&r Swexpo m" w;MtDMReReM sMor== .1061E MNIOwiA14r 7 010K'L e11O[IIIW ' (160) ARTICLE 9 Site Plan Review § 179-9-010 Purpose The purpose of Site Plan Review is to ensure that a site can properly accommodate proposed new uses and/or structures or expansion of existing uses and structures with minimal effect on neighboring properties and the general area within the vicinity of the site and to ensure that such development is appropriately integrated into the community in accordance with the goals and objectives of this Chapter and the Comprehensive Plan. The purpose of this Article is to provide the required procedures and criteria to be followed for Site Plan Review for those uses and actions requiring such review as set forth throughout this Chapter and to provide a mechanism for the review of Class B regional projects within the Adirondack Park pursuant to the APA Act. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses and actions require special consideration so that they may be properly located and planned with respect to: A. The objectives of this chapter. B. Their effect on surrounding properties. C. 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. D. The objectives of the Comprehensive Land Use Plan. E. The objectives and requirements of the Adirondack Park Agency Act for areas within the Adirondack Park. § 179-9-020 Applicability A. Site Plan Review is required for any land use or development involving a new use or expansion or change of a uses noted in this Chapter as requiring such Planning Board review. Construction, development, site preparation and/or the issuance of a building permit or zoning permit for any such use shall not be undertaken unless and until the Planning Board has approved, with or without conditions,the Site Plan for such use. No building permit for a use requiring site plan review shall be valid without site plan approval. B. No permit shall be issued for a change of commercial use in a commercial building on any lot or tract of land except in compliance with a site plan for (161) such lot or plot duly approved by the Town Planning Board within the prior 7 years in accordance with the following procedures. C. When a site plan review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review of the site plan. Changes in permitted uses, which do not increase the required parking or change the exteriors of buildings, the layout of the site or any site features, do not require site plan review. In addition, if any new uses or change or expansion of existing uses are proposed for sites located within the Adirondack Park, they also require a permit from the Adirondack Park Agency as a Class A or Class B project. The Adirondack Park Agency has jurisdiction only within those portions of the town within the Adirondack Park. § 179-9-030 Authority to Approve and Disapprove In accordance with § 274-a of the Town Law and this Article, the Planning Board is authorized to review and to approve, approve with modifications and/or conditions, or disapprove site plans, prepared to specifications set forth in this Chapter and in regulations 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 and Class B Regional Projects by the Adirondack Park Agency. § 179-9-040 Pre-application Conference A. Prior to making application for a site plan review, an applicant must schedule and attend a pre-application meeting with the Town Planning Staff. The purpose of the meeting is to review the applicable regulations and application requirements, as well as the procedure for review and policies and procedures of the Planning Board. No application will be accepted for review by the Planning Board until the pre-application conference is held. B. The applicant may also schedule a sketch plan conference with the Planning Board at which the applicant may present a sketch of the proposed site plan in order to receive feedback and comments from the Planning Board prior to the preparation of a site plan that includes all of the required details and information for a formal site plan application as set forth in § 179-9-050 below. § 179-9-050 Application for Site Plan Review Application for site plan approval shall be made to the Planning Board using forms supplied by the Board. Application materials and the site plan shall include sufficient information for the Board to make its findings under § l 79-9-070 and (162) 179-9-080 below. In deternuning the content of the site plan and supporting documentation, the Planning Board may waive certain requirements if the Planning Board deems such requirements or information unnecessary for the type of project proposed. Any such waiver shall be made in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. The Planning Board may grant such waivers on its own initiative or at the written request of an applicant. Such request shall set forth the specific requirements that are requested to be waived and the reasons for the requested waiver. Absent any waiver or waivers, an application for Site Plan Review shall include the following: A. A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area. B. The site plan shall be drawn at a scale of forty feet to the inch (1" = 40 feet) or such other scale as the Planning Board may deem appropriate, on standard 24" x 36" sheets, with continuation on 8'/z" x 11" sheets as necessary for written information. The information listed below shall be shown on the site plan and continuation sheets. C. Name of the project,boundaries, date,north arrow, and scale of the plan. D. Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect. If the applicant is not the record owner, a letter of authorization shall be required from the owner. E. The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area, all exterior entrances, and all anticipated future additions and alterations. F. The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal containers shall also be shown. G. The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with §179-6-020. H. The location,height, size,materials, and design of all proposed signs. 1. The location of all present and proposed utility systems including: 1. Sewage or septic system; (163) 2. Water supply system; 3. Telephone, cable, and electrical systems; and 4. Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales. J. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, as applicable. A Stormwater Pollution Prevention Plan (SWPPI') for all land development activities (excluding agricultural activities) on the site that results in land disturbance of 1-acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than 1-acre. K. Existing and proposed topography at two-foot contour intervals, or such other contour interval as the Planning Board shall allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100-year floodplain, the area will be shown, and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate volume in cubic yards. L. A landscape plan showing all existing natural land features that may influence the design of the proposed use such as rock outcrops, stands of trees, single trees eight or more inches in diameter, forest cover, and water sources, and all proposed changes to these features including sizes and types of plants. Water sources include ponds, lakes, wetlands and watercourses, aquifers, floodplams, and drainage retention areas. M. Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any Overlay Districts that apply to the property. N. Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas, which shall include: 1. The projected number of motor vehicle trips to enter or leave the site, estimated for weekly and annual peak hour traffic levels; 2. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; (164) 3. The impact of this traffic on levels of service on abutting public streets and at affected intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity levels shall also be given. O. For new construction or alterations to any structure, a table containing the following information shall be included: 1. Estimated area of structure to be used for particular purposes such as retail operation, office, storage, etc.; 2. Estimated maximum number of employees; 3. Maximum seating capacity, where applicable; and 4. Number of parking spaces existing and required for the intended use. P. Elevations at a scale of one-quarter inch equals one foot (1/4" = 1 foot) for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used. Q. Soil logs, water supply well and percolation test results, and storm runoff calculations,as needed to determine and mitigate project impacts, R. Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility. S. Plans for snow removal, including location(s) of on-site snow storage. T. An Environmental Assessment Form ("EAF"), as required by the SEQRA regulations, with Part 1 completed by the Applicant shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in conjunction with a special use permit application, a duplicate EAF is not required for the site plan application. U. If an application is for a parcel or parcels on which more than one use is proposed, the applicant may submit a single application for all such uses provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together. V. A brief narrative statement on how the project proposed for review furthers or is consistent with the vision, goals and policies in the Town's Comprehensive Plan. (165) § 179-9-060 Fees In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee reflects the actual cost of legal and technical assistance to the Planning Board. § 179-9-070 Procedure A. Determination that Application is Adequate to Initiate Review At the first meeting at which an application is first presented as an agenda item, the Planning Board shall determine whether the application is adequate for purposes of commencing the site plan review process. If an application is determined to be inadequate, the Planning Board shall notify the Applicant in writing as to what aspects of the application submittal are lacking or are otherwise insufficient to start the process. B. Adirondack Park Agency Projects. All proposals, uses or projects located within the Adirondack Park which require Regional Project review shall be referred to the Adirondack Park Agency for such review simultaneously to the site plan review process. The Planning Board shall refer a copy of a complete application within ten days of the Planning Board's determination that such application is complete to the APA. C. County Referral. For applications within 500 feet of the town boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution; not later than 10 days following the Planning Board's determination that an application is complete , the Planning Board shall refer a copy of such application to the Warren County Planning Board, in accordance with General Municipal Law §§ 239-1 and 239-m. This referral requirement may be subject to modification as outlined in a inter-municipal agreement between the Town and County. D. SEQRA Compliance. Upon determining that the application materials received are adequate for purposes of commencing site plan review,the Planning Board shall initiate the New York State Environmental Quality Review Act (SEQRA) process (unless the process has already been commenced pursuant to an application for a Special Permit for the same project). As mandated by the SEQRA Regulations, the Planning Board shall make every effort to avoid unnecessary duplication of review requirements and shall provide for combined or consolidated proceedings when feasible. The time within which the Planning Board must render its decision under paragraph F. may be extended by mutual consent of the applicant and the Planning Board if (166) necessary to provide sufficient time to comply with the requirements o` SEQRA. E. Public Hearing Requirement. The Planning Board shall hold a Public Hearing on a new application. In making a determination to hold a public hearing on a application to modify a site plan, the Planning Board shall be guided by: (1) the expected level of public interest in the project, (2) the potential benefit of receiving input from neighbors of the proposed site and/or from the general public, and/or (3) the desirability of creating an expanded record of the review proceedings, and/or, if applicable, (4) the potential benefit to the Board's review of the project under SEQRA. 1. In the case of actions within the Adirondack Park, a copy of the public hearing notice shall be mailed to the Adirondack Park Agency. 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. 2. In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board must give notice of the hearing to the clerk of the adjacent municipality, by either mail or electronic transmission, at least 10 days prior to the hearing pursuant to General Municipal Law § 239-nn. F. Decision. The Planning Board shall decide on the application within 62 days after such a hearing is closed or if no hearing is held then after the application is determined to be complete by the Planning Board; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. G. Filing of Decisions. The decision of the Planning Board shall be filed within five (5) days from the date that the decision was rendered, in the office of the Town Clerk, in the office of the Zoning Administrator and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by § 179-9-070 hereof. In the case of projects located within the Adirondack Park, the decision shall also be sent to the Adirondack Park Agency. Any aspect of the project and its site plan approval which will require inspection by the Zoning Administrator to ensure compliance shall be set forth with appropriate specificity in the decision and/or placed on the site plan or accompanying drawings. H. Conditions. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are reasonably related to the project in order to address mitigation of project (167 ) impacts and which are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means) or other specific requirements and restrictions to ensure that objectives, standards or guidelines as provided in this chapter are furthered and adhered to and that the project will be adequately supported by services and improvements made necessary by the project. To ensure that the project will be completed in accordance with the terms and conditions of the application and approval and including, without limitation, the requirements and conditions authorized under § 179-9-070 and 179-9-080, the Planning Board shall require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor or architect of record (or the contractor/owner if no design professional was used), verifying that the project was completed in accordance with the approved site plan. 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. I. Final approved plans in compliance with the Planning Board approval must be submitted to the Zoning Administrator prior to any application for building permits. J Application for Area Variance. Where a proposed Site Plan contains one or more features that do not comply with the dimensional regulations of this local law, application may be made to the Zoning Board of Appeals for an Area Variance pursuant to Article 16 without a decision or determination by the Zoning Administrator. 1. Integration of procedures. a. Whenever the particular circumstances of proposed development require compliance with either the special use permit procedure in this zoning law or other requirements of the town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance. b. Where a project requires both Zoning Board of Appeals (ZBA) and Planning Board approval, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance. K. Expiration of Approvals. Unless otherwise specified or extended by the Planning Board, a site plan review approval shall expire if the applicant fails to (168) undertake the proposed action or project within one year from the filing date of such decision thereof. L. Amendments. The terms and conditions of any Site Plan approval may be amended in the same manner as required to approve a Site Plan, following the criteria and procedures in this Article. Any enlargement, alteration, or construction of accessory structures not previously approved shall require a Site Plan amendment. § l 79-9-080 Requirements for Site Plan Approval The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the following standards- A. The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan. B. The proposed project complies with all other requirements of this Chapter, including the site plan review standards as set forth in Paragraph F of this section, the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located (Article 3 and Table 1), the applicable requirements of all other Articles that apply. C. The site plan encourages pedestrian activity internally and, if practicable, to and from the site with pedestrian paths or sidewalks connected to adjacent areas. D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Stormwater Management Local Law, and other applicable local laws. E. The proposed use shall be in harmony with the general purpose or intent of this Chapter, 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 proposed 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; F. The establishment, maintenance and operation of the proposed use will not create public hazards from traffic, traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the town. Traffic access and circulation, road intersections, road and driveway widths, and traffic controls Will be adequate. Off-street parking and (169) loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. G. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. H. The project shall 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 adequate provision of 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 the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under § 179-9-080 of this chapter, 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 § 179-9-080 of this Article. I- The provision for and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use. J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. K.. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code. (170) L. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and maintenance, including replacement of dead or deceased plants. M. Fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. N. The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable. O. The site plan conforms to the design standards, landscaping standards and performance standards of this chapter. § 179-9-090 Financial Security The Planning Board or Town Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Boards shall follow the procedures in the Town of Queensbury Subdivision Regulations or NYS Town Law Sect 277(9) for such financial security. § 179-9-100 Development Considerations 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 below, shall be considered, as provided in this chapter. 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 there from. A. Natural resource considerations shall be as follows. 1. Water. a. Existing surface and ground water quality. b. Natural sediment or siltation. c. Eutrophication. d. Existing drainage and runoff patterns. e. Existing flow characteristics. (171 ) 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 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. Water bodies and streams and their floodplains and corridors. c. Rare plant communities. d. Habitats of rare and endangered species and key wildlife habitats. e. Alpine and sub-Alpine life zones. f. Wetlands. g. Elevations of 2,500 feet or more. h. Unique features,including gorges,waterfalls and geologic formations. 6. Wildlife. a. Fish and wildlife. 7. Aesthetics. a. Scenic vistas. b. Natural and man-made travel. B. Historic considerations shall be as follows: (172) 1. Historic sites or structures or districts C. Site development considerations shall be as follows: 1. Natural site factors. a. Geology. b. Slopes. c. Soil characteristics. d. Depth to groundwater and other hydrological factors. 2. Other site factors. a. Adjoining and nearby land uses. b. Adequacy of site facilities. D. Governmental service and finance considerations shall be as follows: 1. Ability of government to provide facilities and services 2. Municipal school or special district taxes or special district user charges E. Governmental review considerations shall be as follows: 1. Conformance with other governmental controls. § 179-9-110 Enforcement All uses approved by site plan review shall be subject to the provisions of Article 17, Enforcement,X of this Chapter. § 179-10-120 Amendments The terms and conditions of any site plan review approval shall be amended only in the same manner as required to grant a Site Plan review approval, following the criteria and procedures of this Article. Any enlargement, alteration, or change of use or structure allowed under a site plan review approval or addition of a new use or structure on a property that received a site plan review approval shall require an amendment to such site plan review approval. (173) ARTICLE 10 Special Use Permits § 179-10-010 Certain land uses have been designated as requiring a Special Use Permit (and thereby also requiring Site Plan review and approval)pursuant to § 179-3-050 of this Chapter. These uses have been so designated because they are considered to be inherently challenging and potentially incompatible with surrounding land uses due to the nature, intensity, size or type of operation of the proposed use or due to its proposed location. Accordingly, the Town of Queensbury has, in effect, reserved judgment on whether to allow these uses until an appropriate review of a particular proposal with consideration of the details of the proposal and its location. This Article sets forth those requirements and the procedures which shall apply to land uses and activities designated as Special Use Permit uses due to their characteristics, and/or the special characteristics of the area in which they are to be located, so that they may be properly located and planned with respect to the objectives of this Zoning Law, their effect on the surrounding properties and community character. The primary purpose of Special Use Permit review is to ensure that these designated uses are compatible with the surrounding properties and neighborhood; that adverse impacts are avoided or mitigated; and that such uses contribute to the long-term benefit to the town. § 179-10-020 Authority of the Planning Board A. Consistent with§274-b(2)of New York State Town Law, the Planning Board is hereby authorized to administer this Article by conducting Special Use Permit review and is authorized to issue, with or without conditions, or deny issuance of a Special Use Permit in accordance with the procedures of this Article for any use identified as requiring such review in § 179-3-050 of this Chapter. B. Site plan review in accordance with the requirements and procedures of Article 9, Site Plan Review, is required for all uses that require a Special Use Pernut. Such review shall occur concurrently with special use permit review Regardless of whether the reviews occur separately or concurrently, separate applications and application fees are required for each review. C. If an application is for a parcel or parcels on which more than one use requiring a Special Use Permit is proposed, the applicant may submit a single application for all such uses. The Planning Board may grant approval with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a parcel or parcels shall be considered together. (174) § 179-10-030 Pre-application Conference Prior to making application for a Special Use Permit, an applicant must schedule and attend a pre-application meeting with the Town Planning Staff. The purpose of the meeting is to review the applicable regulations and application requirements, as well as the procedure for review and policies and procedures of the Planning Board. No application will be accepted for review by the Planning Board until the pre- application conference is held. The applicant may also schedule a pre-applications conference with the Planning Board at which the applicant may present a sketch, or preliminary presentation of its proposal in order to receive feedback and comments from the Planning Board prior to the submission of a formal Special Use Permit application that includes all of the required details and information for a formal site plan application as set forth in § 179-10-050 below. Such pre-application conferences may include, and be combined with, the pre-application or sketch plan conference for the site plan review aspect of Special Use Permit Review. § 179-10-040 Application for Special Use Permit A. Application for a Special Use Permit shall be made to the Planning Board using forms supplied by the Town. It shall be the duty of the Zoning Administrator to refer applicants to the Planning Board for all uses identified in § 179-3-050 which require Special Use Permits. Applications shall include the one original and fifteen copies of the following items: 1. A completed Town of Queensbury Special Use Permit application form. 2. A plan of the proposed use and structures with accurate dimensions providing information sufficient to enable the Planning Board to make an informed decision. 3. A narrative describing, in detail, the proposed use and operation and how such proposed use furthers or is consistent with the policies of the Town's Comprehensive Plan. 4. A short or long-form SEQRA Environmental Assessment Form (EAF) with Part 1 of the EAF fully completed by the applicant. A long-form EAF is required for all SEQRA Type I actions. For SEQRA unlisted actions, the Planning Board may require the long-form EAF if it deems that the additional information contained on the long-form would be helpful and appropriate under the circumstances of the project proposal. 5. The application fee for a Special Use Permit. B. The Planning Board may add or waive any requirements for a complete application submission if it deems such waived or added requirements are appropriate in order to accomplish the purposes of this Article and this Chapter. (175) In adding requirements, the Planning Board may choose items from the site plan submittal requirements in Article 9, Site Plan Review, that shall be submitted for the Special Use Permit application. C. At the first meeting on an application the Planning Board shall determine whether the application is complete for purposes of commencing the formal review process. If an application is determined to be incomplete, the Planning Board shall advise the applicant as to what aspects are lacking or otherwise insufficient. The time-frames for holding a hearing or for any Planning Board action, shall not commence until the submission of a fully complete application with supporting documents and materials and the determination by the Planning Board that the application is complete. D. SEQRA Compliance. Upon receipt of application materials it deems complete, the Planning Board shall initiate the New York State Environmental Quality Review process (unless the process has been already commenced pursuant to the special permit process for the same project) by either circulating the application and Environmental Assessment Form to all involved agencies (if coordinated review is undertaken) or by issuing its determination of significance. Where the proposed action may have a significant effect on the environment, the Planning Board shall issue a positive declaration and require the submission of a Draft Environmental Impact Statement (DEIS). No time periods for decision making in this local law shall begin to run until either acceptance of a DEIS as satisfactory pursuant to New York State Department of Environmental Conservation Regulations or the issuance of a negative declaration. E. Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect. If the applicant is not the record owner, a letter of authorization shall be required from the owner. F. For applications for projects within the Adirondack Park,not later than 10 days following receipt of a complete application for said project, the Zoning Administrator shall notify the Adirondack Park Agency in the case of Class A & Class B Regional Projects and shall furnish to the Agency such pertinent information as the Agency may deem necessary and shall afford each body the opportunity to comment. G. For applications within 500 feet of the Town boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public (176) building or institution; not later than 10 days following receipt of a complete application for said project, the Zoning Administrator shall notify and furnish the Warren County Planning Board, in accordance with General Municipal Law §§ 239-1 and 239-m, with such pertinent information as the Warren County Planning Board may deem necessary for review and continent. The referral of projects under this section may be subject to modification as mutually agreed by the Queensbury Town Board and the Warren County Board of Supervisors. H. The Planning Board shall fix a time, within 62 days from the day an application for a Special Use Permit approval is determined to be complete-for the hearing on the Permit application. The time within which the Planning Board must hold a public hearing may be extended by mutual consent of the applicant and the Planning Board. The Board shall give public notice of the hearing by the publication in the official newspaper of such hearing at least ten days prior to the date thereof. l. In the case of Class B Regional Projects within the Adirondack Park, a copy of the public hearing notice shall be mailed to the Adirondack Park Agency. 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. 2. In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board must give notice of the hearing to the clerk of the municipality by either mail or electronic transmission at least 10 days prior to the hearing, pursuant to General Municipal Law § 239-nn. 3. The Planning Board shall decide on the application within 62 days of the close of such hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. I. The decision of the Planning Board shall be filed, within 5 days from the date that the decision was rendered, in the office of the Town Clerk, in the office of the Zoning Administrator and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by § 179-10-060 and 179-10-070 hereof. In the case of projects located within the Adirondack Park,the decision shall also be sent to the Adirondack Park Agency. J. The Planning Board, in conjunction with its approval of any special use permit, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including but not limited to, limitations on (177 ) the hours of use, the intensity of the use, the use of structures and land, and any other condition reasonably related to the project that it deems necessary to further the interest of this Chapter. The Planning Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Boards shall follow the procedures in the Town of Queensbury Subdivision Regulations or NYS Town Law Sect 277(9) for such financial security. K. The Planning Board, as a condition of granting any special permit, may specify its term of validity. There are 3 types of permits, which may be granted by the Planning Board,described as follows: 1. Permanent -allows a specific use to continue indefinitely until the specific use ceases for any reason for a period of 6 consecutive months. 2. Temporary - allows a specific use to continue until a specified date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable. 3. Renewable - allows a specific use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant, and not the Town of Queensbury, or any Board, officer, or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date of expiration, the right to continue such special use shall terminate on such expiration date. An application for the extension or renewal of a renewable special use permit shall be made in accordance with the applicable provisions then applying to special use permits, as if it was an original request. 4. The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein. § 179-10-050 Fees In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board.This fee is not to exceed $1,000 without notice to the applicant. (178) § 179-10-060 General Criteria for Special Use Permits Before issuing any Special Use Permit , the Planning Board shall consider the public health, safety and general welfare as well as potential environmental impacts . A Special Use Permit shall not be granted until the Planning Board finds that the following criteria have been met: A. Harmony With Comprehensive Plan. The proposed use shall be in harmony with and promote the general purposes and intent of the Comprehensive Plan, and this Chapter and the health, welfare and safety of the town and its residents. B. Compatibility. The proposed use shall be compatible with the character of neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area. C. Access, Circulation and Parking. The proposed use shall have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas.The interior circulation system must be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrian and vehicular movement is provided. D. Infrastructure and Services. There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare. E. Environment and Natural Features. That the proposed use is compatible with, and appropriately protects environmental and natural resources, including the environmental and physical suitability of the site for development and that the general landscaping, screening and buffering is in character with the surrounding areas, and that the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare is minimized to the maximum extent practicable. (179) F. Long Term Effects. The proposed use provides positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the town and surrounding properties, districts and uses. § 179-10-070 Specific Standards for Special Use Permits A. Marinas All marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6NYCRR Part 646, as may be amended. Marinas are permitted by special use permit in the WR—zone under the category of commercial boat sales or service. The Planning Board shall consider these standards in its special use permit review of any Class A marina. Class B marinas shall not require a special use permit and do not require the approval of the Town Planning Board. B. Junkyards The standards of the Town's junkyard ordinance (see Chapter 102 of the Town Code) shall be applied to the Special Permit review. C. Kennels Kennels shall be located on parcels of at least 10 acres. All dog runs or other areas in which dogs are kept must be located at least 200 feet from any property line. D. Adult Use Establishments 1. Intent. In the development and execution of this chapter, it is recognized that Adult Use Establishments,because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances and in close proximity of one another, thereby having a deleterious effect upon surrounding uses. Special regulations of such uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, thereby have a direct deleterious affect on the health, safety and general welfare of the Town and its inhabitants. The primary control or regulation is for the purpose of preventing a concentration of this use in any one area. 2. No adult use establishment shall hereafter be located within one-thousand (1000) feet from the nearest property line of any residential district, any public, private or parochial school, library, park or playground, church, convent, monastery, synagogue or other place of worship. No adult use establishment shall hereafter be located within one-thousand (1000) feet from the nearest property line of an adult entertainment establishment. (180) 3. In addition to the forgoing, it shall be unlawful to hereafter open, establish, own or manage any adult use establishment within one thousand (1000) from the nearest property line of any residential district, any public,private or parochial school, library, park or playground, church, convent, monastery, synagogue or other place of worship. E. Vehicle Refueling Stations The Town of Queensbury finds that although vehicle refueling stations are a necessary part of everyday life they also present a considerable potential for risk to the public health, welfare and safety of the Town and the inhabitants thereof. Vehicle Refueling are allowed with site plan review in the several of the Town's commercial districts. However, in order to provide for the safe and proper coexistence of vehicle refueling stations and other land uses permitted within the Town,the following regulations, in addition to all other general requirements of this Chapter, apply to all vehicle refueling stations located within any of the districts in which they are allowed by site plan review: 1. The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach or any applicable required yard area requirements contained in this Chapter. 2. No fuel pump shall be located closer than thirty (30) feet from any street line, measured from the outside edge of the fuel island and the closest edge of the public right of way. 3. No vehicle refueling station property line shall be within five hundred (500) feet of a school, public library, theater, place of worship or other place of public assembly, as defined by the N.Y.S. Uniform Fire Prevention and Building Code, park, playground or fire station, nor within two hundred fifty (250) feet of ingress or egress ramps to limited-access highways,nor within two hundred fifty(250) feet of an abutting residential zone as measured linearly along the fronting street or streets. 4. All major repair work and servicing shall be done within a completely enclosed building. Such repair work shall not include body repair work nor spray painting, which shall only be allowed within an auto body repair shop, as that term is defined by this ordinance. 5. No new or used cars, travel trailers or other trailers, or motorized mobile homes shall be sold or rented at a vehicle refueling station. 6. Structures shall conform to the same regulations and building and general design standards as would apply to other structures for other types of uses located in the zoning district where the proposed vehicle refueling station is located. (181) F. Golf Courses, Country Clubs. Golf Course and Country Clubs shall be located on parcels of at least fifty(50) acres. G. Boat Storage Facilities. 1. Boat storage facilities must be on lots equal to or greater than 2 acres in size. 2. All lots used for boat storage facilities must have fencing along any property line visible from nearby public streets. H. Motel. Motels in Waterfront Residential zoning districts must be on lots of at least 10 acres in size. I. Restaurant: Restaurants in Waterfront Residential zoning districts must be on lots of at least 5 acres in size. J. Nursery 1. Nurseries must be on lots of at least 10 acres in size. 2. Applicants for nurseries shall include a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application,usage, storage, and surface and ground water quality protection details. 3. Any Planning Board approval shall required annual surface and ground water quality testing. K. Paintball Facility 1. Hours of operation: Outside facilities shall operate no more than 6 hours per day, not to begin prior to 9am with all operations to cease at least 30 minutes before sunset. 2. No lighting shall be allowed on or adjacent to outside playing or range area. 3. Outside playing or target range areas shall be at least two hundred fifty (250) feet from all streams (season or permanent), wetlands, waterbodies and adjacent property lines. 4. No retail sales shall be allowed on site. 5. No audible devices (including but not limited to horns) shall be used to signal either the start or the end of any outside activities on site. L. Sawmill, Chipping or Pallet Mill. Allowed on lots of at least 100 acres in size. M. Firing Range i. Indoor Firing Range a. The firing Range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating liquor, nor shall it be in a building that dispenses liquor. b. The design and construction of the firing range shall completely confine all ammunition rounds within the building (182) and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of New York. The certified plans shall include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. c. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. d. Firearms shall not be stored on the premises when the range is closed for business. e. On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. f. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. g. An outside security plan for the general grounds shall be submitted to the Zoning Administrator or designee for review and approval. h. The transport of firearms on the premises, to the premises and from the premises shall conform to applicable state laws and regulations. i. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. j. Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non-intoxicating or intoxicating liquors. 2. Outdoor Firing Range a. These requirements are intended to apply to pistol and rifle firing ranges, as well as,clay target and shot-gun shooting facilities. However,the Planning Board shall have the authority to waive or modify these standards as they apply to clay target and shot-gun shooting facilities upon a determination that such standards would serve no useful purpose. b. Any pistol and rifle firing range shall be constructed to a standard that is at least as stringent as all standards set forth in the National Rifle Association Range Source Book and EPA Publication #EPA-902-B-01-001 ("Best Management Practices,for Lead at Outdo07•Shooting Ranges. '). (183) c. Any clay target and shot-gun shooting facility shall be constructed to a standard that is at least as stringent as all standards set forth by the National Rifle Association (NRA). d.No outdoor firing range shall be permitted within 1,000 feet of a school, church, adult or child daycare,family care home, hospital, or group care facility. The firing range shall be set back a minimum distance of one hundred (100) feet from any street right-of-way or property line. e. Rifle and pistol firing ranges shall be surrounded by a natural earth embankment a minimum of fifteen (15) feet high,to either side of the direction of fire and behind the target area. f. Firing ranges shall be posted "No Trespassing- Danger- Shooting Range" at one hundred (100) foot intervals around the perimeter. g. For rifle and pistol ranges, lead particles shall at all times be contained on-site, and properly contained and disposed of. Appropriate devices shall be utilized to contain lead bullets and/ or shot, and such devices shall be periodically cleaned and lead particulates properly disposed of. The detection of lead off-site shall be grounds for the revocation of a special use permit by the Planning Board.Appropriate measures are also to be used to contain and properly dispose of particulates at clay target and shot-gun facilities. h. At least one qualified individual in the sponsoring club or organization shall be certified(NRA or equivalent) for shooting range supervision.Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization. i. Outdoor firing ranges shall only operate between the hours of 8 AM to 9 PM,Monday through Saturday,unless other operating hours are specifically approved by the Planning Board. j. The Planning Board may attach such conditions to a special use permit for an outdoor firing range as are necessary to protect the public health, safety, and welfare. N. Veterinary Clinics Veterinary clinics in the Rural Residential zoning districts shall be located on parcels of at least 20 acres. All dog runs or other areas in which dogs are kept must be located at least 300 feet from any property line. O. Outdoor Concert Events Outdoor concerts events which are not a part of the regular activities and operations of an approved or pre-existing land use shall require a Special Use Permit. Such events may not be held between the hours of 11:00 p.m. and 7:00 a.m. The Planning Board may specify maximum sound levels as (184) a condition of a permit for such events. Outdoor concert events that attract 5,000 people or more or continue for 24 hours or more must be in compliance with requirements for a "mass gathering" as specified in the New York State Sanitary Code, Chapter 1, Subpart 7-1. § 179-10-080 Expiration Unless otherwise specified or extended by the Planning Board, the special use permit shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of such decision thereof. § 179-10-090 Revocation of Permit A use authorized by special permit may be revoked by the Planning Board if it is found and determined that there has been a material failure of compliance with any one(1) of the terms, conditions, limitations or requirements imposed by said permit. § 179-10-100 Enforcement All special use permits shall be subject to the provisions of Article 17, Enforcement, of this Chapter. § 179-10-110 Amendments The terms and conditions of any Special Use Permit shall be amended only in the same manner as required to grant a Special Use Permit, following the criteria and procedures of this Article. Any enlargement, alteration, or change of use or structure allowed under a Special Use Permit or addition of a new use or structure on a property that received a Special Use Permit shall require an amendment to such Special Use Permit. (185) ARTICLE 12 Planned Unit Development(PUD) § 179-12-010 Intent and Objectives A. Intent. 1. It is the intent of this Planned Unit Development (PUD) Article to provide flexible land use and design regulations to provide for the rezoning of land so that small to large scale neighborhoods or portions thereof may be developed in the Town. Planned Unit Developments permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development, which shall be in the interest of the general welfare of the public. This section specifically encourages innovation in residential development so that the growing demand for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation of important open space and more efficient use of land in such developments. 2. This section recognizes that, while the standard zoning function and the subdivision function are appropriate for the regulation of the land use in areas of neighborhoods which are already substantially developed, these controls may not be appropriate in certain areas or for certain developments in the Town. Further, this section recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned unit development techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District by the Town Board the set of use and dimensional specifications elsewhere in the ordinance are herein replaced with an approval process in which an approved plan becomes the basis for continuing land use controls. 3. PUD's are allowed only in the following residential zones: Neighborhood Residential,Moderate Density Residential and Rural Residential zones. 4. In no case shall the regulations of this Article be so interpreted as to circumvent the benefits of this Chapter to the residents or occupants of adjoining properties. PUDs, as defined herein, may be established only in accordance with the procedure specified in this Article. (187) B. Objectives. In order to carry out the intent of this Article, the Planning Board shall consider the following objectives and find that the following objectives are satisfied by the project proposed pursuant to this Article in order to issue a favorable report to the Town Board as provided in § 179-12-050: 1. Whether the project provides a choice in the types of environment, occupancy tenure (e.g., individual ownership, condominium leasing), types of housing and sizes and community facilities available to existing and potential residents at all economic levels. 2. Whether the project provides more usable open space and recreation the linkage of open space areas. 3. Whether the project provides more convenience to residents in the location of manufacturing, commercial and service areas, if applicable. 4. Whether the project provides for the preservation of trees, outstanding natural topographic and geologic features and prevention of soil erosion. 5. Whether the project provides for a creative use of land and related physical development which allows an orderly transition of land. 6. Whether the project provides for an efficient use of land resulting in smaller networks of utilities and services,thereby lowering housing costs. 7. Whether the project provides a development pattern in harmony with the objectives of the Comprehensive Plan. 8. Whether the project provides a more desirable environment than would be possible through the strict application of other Articles of this Chapter.9.Whether. the project provides scenic vistas, historic sites, and prevents disruption of natural drainage patterns 10. Whether the project utilizes landscaping and building design to present a sense of community, of integrated color schemes, architectural styles and layout. 11. Whether the project brings nonresidential services to underserved parts of the Town. (188) § l 79-12-020 General Requirements A. Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding of all owners. B. Minimum Area. The minimum area for a PUD shall be 30 contiguous acres of land. The Town Board may consider projects of lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purposes and objectives of this article. C. Base Residential Density. Base residential density (BRD) in a PUD, is that density as permitted in the original District or Districts in the current Zoning Ordinance. The residential density allowed in a PUD (PUD Density) shall not exceed one hundred percent (100%) of the original base residential density except as set forth below. The overall residential intensity of the project cannot exceed the amount of available development potential of the individual APA Land Use Intensity Zone if the proposed PUD is located within the Adirondack Park. 1. Density bonuses. The Town Board may award a density bonus to increase the number of dwelling units beyond the Base Residential Density. The density bonuses shall not make the total number of dwelling units to exceed a maximum of 120 percent of the Base Residential Density as described below. Computations shall be rounded to the lowest number. Density bonuses may be awarded the following: a. For the inclusion of one LEED certified dwelling unit under the United States Green Building Council's LEED (Leadership in Energy and Environmental Design) program, one dwelling unit may be added as a density bonus. The bonus unit must also be LEED certified. The level of LEED certification does not matter. b. For the inclusion of three dwelling units certified as energy efficient under the federal government's Energy Star program, one dwelling may be added as a density bonus. The bonus unit must also be certified as energy efficient until the federal government's Energy Star program. This density bonus shall not exceed ten percent of the Base Residential Density. D. Non-Residential Density. Non-residential densities may not exceed 20% of the total residential square footage in a PUD. For the purpose of calculating allowable residential square footage, the allowed base residential density shall (189) be multiplied by a value of 2,000 square feet per allowable dwelling unit. The non-residential density is not to be counted toward the overall PUD Density. For example: 40 acres of developable area in a 1 acre zone would net 40 dwelling units (Base Residential Density). Multiply 40 dwelling units x 2000 sq. ft./dwelling unit yields 80,000 sq. ft. total residential square footage. Multiply the 80,000 sq. ft. x 20% yields 16,000 sq. ft. of allowable non- residential square footage. E. Allowed Use. Any type of residential use is permitted within a PUD, subject to the base density provisions in paragraph C above. Only those non-residential uses which are compatible with the residential portion of the proposal as well as compatible with the existing neighborhood or general area are permitted within a PUD, subject to the base density provisions in paragraph D above. F. All homes and townhouses shall be ENERGY STAR qualified homes meaning they meet guidelines for energy efficiency set by the U.S. Environmental Protection Agency. G. All other buildings, including multi-family buildings, shall be "designed to earn ENERGY STAR" meaning they meet guidelines for energy efficiency set by the U.S. Environmental Protection Agency. H. Open Space Ownership: The type of ownership of any land that set aside for Open Space shall be selected by the applicant subject to the approval of the Town Board and shall be indicated on the final plat. An acceptable type of ownership may include,but is not necessarily limited to,the following: 1. Land preservation or conservation organizations or trusts; 2. Public agencies or governmental bodies; 3. The Town, subject to acceptance by the Town Board; 4. The owner or owners of an individual lot or lots in the subdivision; 5. Homeowner associations with the following requirements: a. The homeowners association must be established prior to the conveyance of any lot or parcel within the proposed subdivision; b. Membership must be mandatory for each lot owner and each lot owner must have an equal voting right within the association; c. The association organizational documents must be submitted to, and approved by the Town Board and/or its attorney, as part of the subdivision approval process and must also be approved by the Office of the Attorney General of New York State if required by applicable laws,rules or regulations; (190) d. An estimate of the association annual budget must take into account insurance, property taxes, and maintenance of the Open Space areas as well as other shared common areas or facilities such as access roads, recreational areas; e. The association must be able to adjust the homeowners fees or assessments on an annual basis and be able to collect and enforce the payment of annual fees or assessments; f. The association cannot be dissolved without a vote of the association membership and without the conveyance of the Open Space and common facilities to an entity acceptable by the Town Board; and g. The deed conveying title to each individual lot in the subdivision must include reference to the fact that conveyance is subject to and includes membership in a homeowners association pursuant to deed covenants either set forth in each deed or recorded against the entire subdivision. Both grantors and grantees should sign deeds of conveyance to ensure purchasers or grantees are aware of the homeowner association requirements, obligations and fees, if any. § 179-12-030 Considerations In determining whether a Planned Unit Development should be allowed, particularly as regards the intensity of land use, the Town Board shall consider the following factors: A. The need for the proposed land use in the proposed location. B. The availability and adequacy of water service. C. The availability and adequacy of sanitary waste disposal facilities. D. The availability and adequacy of transportation systems, including the impact on the road network. E. The pedestrian circulation and open space in relation to structures, throughout the proposed development, and as part of an adjoining or future connecting townwide open and linear pathway system. F. The character of the neighborhood in which the PUD is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general. G. The height and mass of buildings and their relation to other structures in the vicinity. H. Potential impacts on local government services. (191) I. Potential impacts on environmental resources including wetlands, surface water, floodplains, and plant and wildlife communities. J. The general ability of the land to support the development, including such factors as slope,depth to bedrock, depth to water table and soil type. K. Other factors as may be deemed appropriate by the Town Board. § 179-12-040 Common Property in the Planned Unit Development A. Common property in a Planned Unit Development 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. Common property shall be allowed within a PUD and may include private streets, drives, services,parking areas, and recreational and open space areas. B. The ownership of land dedicated for park, recreation or open space use shall be determined by the property owner or applicant. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following: the Town subject to its acceptance: another public jurisdiction or agency subject to their acceptance; a private, nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land; shared, common interest by all property owners in a subdivision; a homeowner, condominium or cooperative association or organization; or private ownership encumbered by a conservation easement pursuant to Section 247 of General Municipal Law or Sections 49-0301 through 49-0311 of Environmental Conservation Law. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, services, and parking areas and recreational and open space areas. § 179-12-050 Applications and Zoning Approvals Whenever any Planned Unit Development is proposed,before any permit for the erection of a permanent building in such planned unit development shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Warren County Clerk,the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures: 1. Submit sketch plan to the Town Board for consideration. If the Town Board determines that the proposal merits further review,then it may refer the application to the Planning Board (192) 2. Planning Board review of rezoning referral and sketch plan and public hearing held by Planning Board. 3. Planning Board report to Town Board. 4. Town Board conducts a public hearing on rezoning and conducts SEQR review. 5. Upon approval of rezoning, review project elements for subdivision or site plan approvals. A. Application for Sketch Plan Approval. 1. Sketch Plan Drawing. The application shall include a sketch plan drawn to scale, though it need not be to the precision of a finished engineering drawing and it shall clearly show the following information. a. The location of the various uses and their areas. b. The general outlines of the interior roadways system and all existing right-of-way and easements, whether public or private. c. Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure (i.e., luxury, middle-income, moderate income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for such area, and a calculation of total permeable area. d. The interior open space system. e. The overall drainage system. f. If grades exceed three percent (3%) or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five(5) feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. If grades are less than three percent (3%), the topographic map may be at ten (10) foot contour intervals. g. Principal ties to the community at large with respect to transportation (pedestrian and vehicular),water supply and sewage disposal. h. General description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, (193) and some indication of how these needs are proposed to be accommodated. i. A location map showing uses and ownership of abutting lands. j. A long form environmental assessment form. 2. Additional Sketch Plan Documentation. In addition, the following documentation shall accompany the sketch plan: a. Evidence of how the developer's particular mix of land uses meets existing community demands. b. A general statement as to how common open space is to be owned and maintained. c. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project. d. How the plan is in conformance with the Town's Comprehensive Plan. e. Evidence of the applicant's physical and financial competence to carry out the plan and his awareness of the scope of such a project. f. A draft zoning ordinance amendment applicable to the project for review by the Town Board. The draft shall identify all amendments to the ordinance required by the PUD. g. A fiscal impact analysis identifying projected short and long term impacts on municipal and school district budgets. 3. In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this Article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of Section 179-16-080 of this ordinance and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing. (194) 4. In reviewing the sketch plan the Planning Board may call upon any public or private agencies or consultants that the Board feels are necessary to provide a sound review of the proposal. In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee reflects the actual cost of legal and technical assistance to the Planning Board. 5. A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the Town Board including a public hearing be held for the purpose of considering planned unit development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in § 179-12-010. Said report must include, at a minimum,the following findings: a. That the proposal meets the intent and objectives of planned unit development, as expressed in this Article. b. That the proposal meets all the general requirements in this Article. c. That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another. d. That there are adequate services and utilities available or proposed to be made available in the construction of the development. e. That the proposal is in accordance with the Comprehensive Plan and furthers the policies, goals and/or objectives of the Comprehensive Plan. 6. An unfavorable report shall state clearly the reasons therefore, and if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within ten (10) days after receiving an unfavorable report, file an application for planned unit development districting with the Town Board. The Town Board may then determine, on its own initiative, whether or not it wished to call a public hearing. If the Town Board determines not to hold a hearing, no further action shall be taken and the application shall be considered denied. 7. The Planning Board shall determine when all of the necessary application material has been presented, and the Planning Board shall submit its report within sixty (60) days of such determination. If no report has been rendered after sixty (60) days, the applicant may proceed as if an unfavorable report were given to him. (195) B. Application for Planned Unit Development Districting, 1. Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering planned unit development districting for the applicant's plan, in accordance with the procedures established by the Town Board for holding meetings, said public hearing to be conducted within forty-five (45) days of the receipt of the favorable report or the decision on appeal from an unfavorable report. 2. The Town Board shall refer the application to the Warren County Planning Board for its analysis and recommendations, and the Town Board shall also refer the application to such other agencies or consultants it deems appropriate. If County Planning Board review is not required, the Town Board may still refer the application for their review and recommendations. 3. Within thirty(30)days following receipt of the report from the County Planning Board,the Town Board shall render its decision on the application. C. Zoning for Planned Unit Development If the Town Board grants the planned unit development districting, the Zoning Map shall be so noted. The Town Board shall, in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, firehouses, and libraries, protection of natural and/or historic sites and other physical or social demands. Proposed density of the PUD shall be subject to §179- 12-020 (C) and (D) of this Article. D. Site Plan and Subdivision Approvals Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article 9, Site Plan Review, of this ordinance for site plan approvals and in the Town of Queensbury Subdivision Regulations for (196) subdivision approvals. Due to the intent of PUDs and their flexible, yet cohesive, nature the subdivision and site plan approval process may take place simultaneously. Where procedures are in conflict, the more restrictive process will apply. § l 79-12-060 Changes in Plan If it becomes apparent in the subdivision and/or site plan review process that certain elements of the sketch plan, as approved by the Town Board, are not feasible and need significant modification, the applicant shall present solutions to the Planning Board to address the PUD subdivision and/or site plans, in accordance with all of the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the local law creating the PUD. If a negative decision is reached, the site plan shall be considered disapproved. The applicant may then produce another site plan in accordance with the approved PUD plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reason for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board. § 179-12-070 Development Phasing A. If the applicant wishes to develop the PUD in phases, or if the Town Board wishes to require that development be phased, the applicant may then submit only those phases for site plan review and/or subdivision approval per the approved staging plan. Any plan anticipated to require more than 24 months to be completed shall be required to be phased, and a phasing plan must be developed. The Zoning Administrator may withhold the issuance of zoning or building permits if the approved phasing plan is not being followed. A phasing plan shall be submitted to the Board of Trustees as part of the PUD application materials if development phasing is contemplated by the applicant. The Town Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards: 1. Each phase must be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. 2. Each phase when completed must be able to fully function on its own or in conjunction with prior phases without dependence on subsequent phases and each phas shall be fully completed prior to the final approval of subsequent phases. 3. The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development. (197) 4. Each phase shall have an appropriate ratio of the various uses proposed for the development. B. Construction Schedule. The applicant shall propose and the Town Board shall review and approve a construction schedule for the development of an approved PUD. Generally, commencement of development of the PUD, or the first phase if a phased PUD is approved, must occur within two (2) years of the date that the final site plan of the PUD is approved. However, it is recognized that depending on the scale and complexity of the development, consideration may be made with respect to the reasonable time necessary for the applicant to obtain construction financing, insurance and bonds, executing construction contracts, and other such aspects involved in a development project. Thus, the Town Board may modify the time-period allowed for commencement of construction depending on the circumstances of each PUD. § 179-12-080 No Construction Until Requirements Met No building permits shall be issued for construction within a Planned Unit Development District until improvements are installed or financial security is posted in accordance with the procedures of Section 179-12-090 of this ordinance and/or the Town of Queensbury Subdivision Regulations. Construction may also not occur until such other requirements and conditions as established by the Town Board and Planning Board have been met. § 179-12-090 Financial Security The Town Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Boards shall follow the procedures in the Town of Queensbury Subdivision Regulations or NYS Town Law Sect 277(9) for such financial security. § 179-12-100 Expiration Unless otherwise specified or extended by the Town Board, any PUD approval shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of such decision thereof. In the case of a phased project, the PUD approval shall expire if the applicant fails to undertake the designated phase within one year of the approved schedule. § 179-12-110 Filing (198) All Planning Board decisions shall be filed with the Town Board and Town Clerk, and the Town Board shall file all decisions with the Planning Board and Town Clerk. The applicant shall receive copies of all decisions. § 179-12-120 Fees A. Fees for Planned Unit Developments shall be set in accordance with a schedule of fees as adopted by the Town Board pursuant to § 179-16-110. B. In addition to the fee listed on the schedule of fees,the Town may charge a fee to developers of projects requiring legal and technical review,provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board and the Town Board.. (199) ARTICLE 12a Planned Commercial/Industrial Development(PCID) § 179-12a-010 Intent and Objectives A. Intent. 1. It is the intent of this Planned Commercial/Industrial Development (PCID) Article to provide flexible land use and design regulations for the rezoning of land so that well designed medium- to large-scale commercial and/or industrial developments, or a mixture thereof, may be developed in the Town. The regulations for PCIDs are intended to provide a means for the development of new commercial and industrial developments, parks or sites in which certain economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this Chapter. PCIDs permit establishment of areas in the Town in which medium- to large-scale commercial and/or industrial development may be permitted pursuant to a compatible and unified plan of development which shall be in the interest of the general welfare of the public. 2. This Article recognizes that, while the standard zoning function and the subdivision function are appropriate for the regulation of the land use in areas of the Town which are already substantially developed,these controls represent a type of preregulation, regulatory right, and uniformity which may not be in harmony with the techniques of land development contained in the planned commercial development concept. Further, this section recognizes that a rigid set of area and space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned commercial and/or industrial development techniques are deemed appropriate through the rezoning of land to a PCID by the Town Board the set of use and dimensional specifications elsewhere in the ordinance are herein replaced with an approval process in which an approved plan becomes the bases for continuing land use controls. 3. PCIDs are allowed only in the following Zoning districts: Light Industrial, Heavy Industrial, Enclosed Shopping Center, Highway Commercial, Mixed Use Quaker Road West, and Mixed Use Bay Road. 4. In no case shall the regulations of this Article be so interpreted as to circumvent the benefits of this Chapter to the residents or occupants of adjoining properties. PCIDs, as defined herein, may be established only in accordance with the procedure specified in this Article. (200) B. Objectives. In order to carry out the intent of this Article, the Planning Board shall consider and further the following objectives and find that the above objectives are satisfied by the project proposed pursuant to this Article in order to issue a favorable report to the Town Board as provided in § 179-12a-050. 1. The existing character of the neighborhood and/or area in which the PCID would be located shall not be adversely altered. 2. The location of principal and accessory buildings on the site in relation to one another shall be integrated into a well-planned and efficient layout that protects significant natural features to the maximum extent practicable and that mitigates any adverse effects on the environment and character of the area. 3. The traffic circulation features within the site and the amount, location, and access to automobile parking areas shall be safe, efficient and designed to mitigate traffic impacts off-site. The proposed development shall comply with the off-street parking and loading standards set forth in Article 4 of this Chapter unless it is shown that a deviation from those standards is warranted and is specifically approved during the PCID approval process. Generally, adequate parking and loading facilities must be provided for on- site with minimum disruption to traffic circulation and with no increase to off-site parking. 4. The PCID shall provide a development pattern and mixture of uses in harmony with the objectives of the Comprehensive Plan and consistent with the purposes and objectives of the underlying zoning district. 5. The height and bulk of buildings and their relation to other structures in the vicinity shall be of a size and scale so as to not create drastic contrasts with existing buildings and structures in the vicinity of the PCID. The PCID and the plan for its development should integrate the architectural design for buildings, structures, landscaping, infrastructure facilities and common areas so that the development is of a cohesive design and that such design is appropriate for the area of the Town in which it is located. 6. There shall be adequate water supply, sewage disposal facilities and drainage facilities shall be designed to maintain pre-development off-site runoff. (201 ) 7. The proposed location, type, and size of display signs, driveways, loading zones, and landscaping shall be integrated to screen and buffer facilities and to create a pleasing site design. 8. The safeguards provided to minimize or avoid possible detrimental effects of the proposed use on adjacent properties, the neighborhood and the general area in which the PCID is located shall be integrated into the PCID approval. 9. Ratio of Mixed Uses. The proposed PCID shall have a ratio of mixed uses that is appropriate and sustainable for its location, Town needs and market considerations. The actual ratio of mixed uses shall be specified by the applicant as part of the PCID application and approved by the Town Board as part of the approval process. 10. Underground on-site utilities are required including telephone, electric, cable,water distribution laterals and sewer collection laterals. 11. All lighting shall be arranged so as to prevent direct glare or hazardous interference from the lighting for the proposed development to adjoining streets or properties. § 179-12a-020 General Requirements A. Ownership. The tract of land for a project may be owned, leased or controlled either by a single person, partnership or corporation, or by a group of individuals, partnerships or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners. All common areas and amenities shall be owned and operated by an appropriate legal entity that will exist in perpetuity. The conveyance of individual parcels within a PCID may be acceptable provided provision is made for continuity of restrictions and controls in the form of deed covenants, restrictions and easements. The post-development ownership and maintenance plan shall be part of the application and approval process. Said post-development plan shall include a mechanism that will provide unified control and authority over the operations of the development so that there is one entity or individual that is responsible for enforcing the terms and conditions of the PCID approval for all tenants, homeowners, business owners and other users of the PCID. (202) B. Minimum Area. The minimum area for a PCID shall be 50 contiguous acres of land. The Town Board may consider projects of lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purposes and objectives of this article. C. Allowed Use. Any type of non-residential use may be permitted within an area designated as a PCID subject to the provisions of this Article and the conditions of approval of the PCID concerned, if any, provided that the ratio of different uses proposed in the PCID matches the ratio of the uses allowable on the parcel by the underlying zoning. § 179-12a-030 Considerations In determining whether a Planned Unit Development should be allowed, particularly with regard to the intensity of land use, the Town Board shall consider the following factors. A. The availability and adequacy of water service. B. The availability and adequacy of sanitary waste disposal facilities. C. The availability and adequacy of transportation systems, including the impact on the road network. D. The pedestrian circulation and open space in relation to structures, throughout the proposed development, and as part of an adjoining or future connecting town wide open and linear pathway system. E. The character of the neighborhood in which the PCID is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general. F. The height and mass of buildings and their relation to other structures in the vicinity. G. Potential impacts on local government services. H. Potential impacts on environmental resources including wetlands, surface water, floodplains, and plant and wildlife communities. I. The general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type. (203) J. Other factors as may be deemed appropriate by the Town Board. § 179-12a -040 Common Property in the Planned Commercial/Industrial Development District A. Common property in a PCID 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. Common property shall be allowed within a PCID and may include private streets, drives, services, parking areas, and recreational and open space areas. B. The ownership of land dedicated for park,recreation or open space use shall be determined by the property owner or applicant. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following: the town: another public jurisdiction or agency subject to their acceptance; a private, nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land; shared, common interest by all property owners in a subdivision; a condominium or cooperative association or organization; or private ownership encumbered by a conservation easement pursuant to Section 247 of General Municipal Law or Sections 49-0301 through 49-0311 of Environmental Conservation Law. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, services, and parking areas and recreational and open space areas. § 179-12a-050 Applications and Zoning Approvals Whenever any PCID is proposed, before any permit for the erection of a permanent building in such PCID shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Warren County Clerk, the developer or his authorized agent shall apply for and secure approval of such PCID in accordance with the following procedures: 1. Submit sketch plan to the Town Board for consideration. If the Town Board determines that the proposal merits further review,then it may refer the application to the Planning Board. (204) 2. Planning Board review of rezoning referral and sketch plan and public hearing held by Planning Board. 3. Planning Board report to Town Board. 4. Town Board conducts a public hearing on rezoning and conducts SEQR review.. 5. Upon approval of rezoning, review project elements for subdivision or site plan approvals. A. Application for Sketch Plan Approval. 1. Sketch Plan Drawing. The application shall include a sketch plan drawn to scale,though it need not be to the precision of a finished engineering drawing and it shall clearly show the following information: a. The location of the various uses and their areas. b. The general outlines of the interior roadways system and all existing right-of-way and easements, whether public or private. c. The interior open space system. d. The overall drainage system. e. If grades exceed three percent (3%) or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five (5) feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. If grades are less than three percent (3%), the topographic map may be at ten (10) foot contour intervals. f. Principal ties to the community at large with respect to transportation, water supply and sewage disposal. g. A location map showing uses and ownership of abutting lands. h. A long form environmental assessment form. (205) 2. Additional Sketch Plan Documentation. In addition, the following documentation shall accompany the sketch plan: a. Evidence of how the developer's particular mix of land uses meets existing community demands. b. A general statement as to how common open space is to be owned and maintained. c. If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project. d. A description of how the plan is in conformance with the Town's Comprehensive Plan. e. Evidence of the applicant's physical and financial competence to carry out the plan and his awareness of the scope of such a project. f. A draft zoning ordinance amendment applicable to the project for review by the Town Board. The draft shall identify all amendments to the ordinance required by the PCID. g. A fiscal impact analysis identifying projected short and long term impacts on municipal and school district budgets. 3. In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this Article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and after receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of Section 179-16-120 of this ordinance and shall render either a favorable or an unfavorable report to the (206) Town Board within forty-five (45) days of the closing of the public hearing. 4. In reviewing the sketch plan the Planning Board may call upon the County Planning Department and any other public or private agencies or consultants that the Board feels are necessary to provide a sound review of the proposal. In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee reflects the actual cost of legal and technical assistance to the Planning Board. 5. A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the Town Board including a public hearing be held for the purpose of considering planned commercial/industrial development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in § 179-12a-010. Said report must include, at a minimum, the following findings, which shall be included as part of this report: a. That the proposal meets the intent and objectives of planned commercial/industrial development, as expressed in this Article. b. That the proposal meets all the general requirements in this Article. c. That the proposal is conceptually sound in that it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements,both absolutely and to one another. d. That there are adequate services and utilities available or proposed to be made available in the construction of the development. e. That the proposal is in accordance with the Comprehensive Plan and furthers the policies, goals and/or objectives of the Comprehensive Plan. 6. An unfavorable report shall state clearly the reasons therefore, and if appropriate,point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within ten (10) days after receiving an unfavorable report, file an application for planned commercial/industrial development districting with the Town Board. The (207) Town Board may then determine, on its own initiative, whether or not it wishes to call a public hearing. If the Town Board determines not to hold a hearing, no further action shall be taken and the application shall be considered denied. 7. If no report has been rendered by the Planning Board after forty-five (45) days from the date of the closing of the public hearing, the applicant may proceed as if an unfavorable report was issued by the Planning Board. C. Application for Planned Commercial/Industrial Development Districting. 1. Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall conduct a public hearing for the purpose of considering planned commercial development districting for the applicant's plan, in accordance with the procedures established by the Town Board for holding meetings, said public hearing to be conducted within forty-five (45) days of the receipt of the favorable report or the decision on appeal from an unfavorable report. 2. If required, the Town Board shall refer the application to the Warren County Planning Board for its analysis and recommendations if required by New York State General Municipal Law §239-m, and the Town Board shall also refer the application to such other agencies or consultants it deems appropriate. If County Planning Board review is not required, the Town Board may still refer the application for their review and recommendations. 3. Within thirty (30) days following receipt of the report from the County Planning Board, the Town Board shall render its decision on the application. D. Zoning for Planned Commercial Development District. If the Town Board grants the planned commercial development districting, the Zoning Map shall be so noted. The Town Board shall, in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use nuxes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, (208) firehouses, and libraries, protection of natural and/or historic sites and other physical or social demands. E.. Site Plan and Subdivision Approvals Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article 9, Site Plan Review, of this ordinance for site plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision approvals. Do to the intent of PCIDs and their flexible, yet cohesive, nature the subdivision and site plan approval process may take place simultaneously. Where procedures are in conflict,the more restrictive process will apply. § 179-12a-060 Changes in Plan If it becomes apparent in the subdivision and/or site plan review process that certain elements of the sketch plan, as approved by the Town Board, are not feasible and need significant modification, the applicant shall present solutions to the Planning Board to address the PCID subdivision and/or site plans, in accordance with all of the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the local law creating the PCID. If a negative decision is reached, the site plan shall be considered disapproved. The applicant may then produce another site plan in accordance with the approved PCID plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reason for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board. § 179-12a-070 Development Phasing A. If the applicant wishes to develop the PCID in phases, or if the Town Board wishes to require that development be phased, the applicant may then submit only those phases for site plan review and/or subdivision approval per the approved staging plan. Any plan anticipated to require more than 24 months to be completed shall be required to be phased, and a phasing plan must be developed. The Zoning Administrator may withhold the issuance of zoning or building permits if the approved phasing plan is not being followed. A phasing plan shall be subnutted to the Board of Trustees as part of the PCID application materials if development phasing is contemplated by the applicant. The Town Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards: (209) 1. Each phase must be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. 2. Each phase when completed must be able to fully function on its own or in conjunction with prior phases without dependence on subsequent phases and each phase shall be fully completed prior to the final approval of subsequent phases. 3. The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development. 4. Each phase shall have an appropriate ratio of the various uses proposed for the development. B. Construction Schedule. The applicant shall propose and the Town Board shall review and approve a construction schedule for the development of an approved PCID. Generally, commencement of development of the PCID, or the first phase if a phased PCID is approved, must occur within two (2) years of the date that the final site plan of the PCID is approved. However, it is recognized that depending on the scale and complexity of the development, consideration may be made with respect to the reasonable time necessary for the applicant to obtain construction financing, insurance and bonds, executing construction contracts, and other such aspects involved in a development project. Thus, the Town Board may modify the time-period allowed for commencement of construction depending on the circumstances of each PCID. § 179-12a-080 No Construction Until Requirements Met No zoning or building permits shall be issued for construction of a stage of development within a PCID until improvements, relevant to such stage of development, are installed or financial security is posted in accordance with the procedures of Section 179-12a-090 of this ordinance and/or the Town of Queensbury Subdivision Regulations. § 179-12a-090 Financial Security The Town Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Boards shall follow the procedures in (210) the Town of Queensbury Subdivision Regulations or NYS Town Law Sect 277(9) for such financial security. § 179-12a-100 Expiration Unless otherwise specified or extended by the Town Board, any PCID approval shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of such decision thereof. § 179-12a-110 Filing All Planning Board decisions shall be filed with the Town Board and Town Clerk, and the Town Board shall file all decisions with the Planning Board and the Town Clerk. The applicant shall receive copies of all decisions. § 179-12a-120 Fees A. Fees for Planned Commercial/Industrial Developments shall be set in accordance with a schedule of fees as adopted by the Town Board pursuant to § 179-16-110. B. In addition to the fee listed on the schedule of fees,the Town may charge a fee to developers of projects requiring legal and technical review,provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board and the Town Board. (211) ARTICLE 12b Planned Resort Development(PRD) § 179-12b-010 Intent and Objectives A. Intent. 1. It is the intent of this Planned Resort Development (PRD) Article to provide flexible land use and design regulations for the rezoning of land so that mid to large scale resorts may be developed in the Town. Planned Resort Developments permit establishment of appropriate areas within the Town in which recreational uses may be brought together with residential and commercial uses in a compatible and unified plan of development, which shall be in the interest of the general welfare of the public. This Article specifically encourages innovation in resort development so that market demands for recreational activities and resort housing at all economic levels may be met by innovative design and by the conservation and more efficient use of land in such developments. 2. This Article recognizes that the standard zoning function may not be practical in resort developments due to the large tracts of land involved and the need for a fully integrated plan of development and operation. Thus, where planned development techniques are deemed appropriate through the rezoning of land to a Planned Resort Development District by the Town Board the set of use and dimensional specifications elsewhere in this Chapter are herein replaced with an approval process in which an approved plan becomes the bases for continuing land use controls. 3. PRD's are allowed only in the following zones: Parkland/Recreation and Recreation Commercial zones. 4. In no case shall the regulations of this Article be so interpreted as to circumvent the benefits of this Chapter to the residents or occupants of adjoining properties. PRDs, as defined herein, may be established only in accordance with the procedure specified in this Article. B. Objectives. In order to carry out the intent of this Article, the Planning Board shall consider the following objectives and find that the following objectives are satisfied by the project proposal pursuant to this Article in order to issue a favorable report to the Town Board as provided in § 179-12-050. 1. The project shall provide public recreational facilities appropriate for the Town and the region and integrates a choice in the types of housing, transient accommodations, eating and drinking establishments and/or (212) affiliated commercial retail and service uses available to potential residents and the public. 2. That the project provides usable open space and integrated recreational opportunities that will be a benefit to residents of the Town and the tourism industry of the region. 3. That the project provides for the preservation of trees, outstanding natural topographic, environmentally sensitive areas and geologic features and the prevention of soil erosion. 4. Whether the project provides for a creative use of land and related physical development which allows an orderly transition of land from adjacent uses and surrounding area. 5. Whether the project provides a development pattern in harmony with the objectives of the Comprehensive Plan and consistent with the purposes and objectives of the underlying zoning district or districts. 6. Whether the project provides a more desirable environment than would be possible through the strict application of other Articles of this Chapter. 6. There shall be adequate water supply, sewage disposal facilities and drainage facilities shall be designed to maintain pre-development off-site runoff. 7. Whether the project provides scenic vistas, historic sites, and prevents disruption of natural drainage patterns 8. The project utilizes landscaping and building design to present a sense of community,of integrated color schemes, architectural styles and layout. 9. The recreational aspect and associated facilities of the proposed PRD shall be the dominant land use in the PRD with an appropriate ratio of residential uses and other mixed commercial uses that is appropriate and sustainable for its location, Town needs and market considerations. The actual ratio of mixed uses shall be specified by the applicant as part of the PCID application and approved by the Town Board as part of the approval process. 10. Underground on-site utilities are required including telephone, electric, cable,water distribution laterals and sewer collection laterals. 11. All lighting shall be arranged so as to prevent direct glare or hazardous interference from the lighting for the proposed development to adjoining streets or properties. (213) § 179-12b-020 General Requirements A. Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding of all owners. All common areas and amenities shall be owned and operated by an appropriate legal entity that will exist in perpetuity. The conveyance of individual parcels within a PRD may be acceptable provided provision is made for continuity of restrictions and controls in the form of deed covenants, restrictions and easements. The post- development ownership and maintenance plan shall be part of the application and approval process. Said post-development plan shall include a mechanism that will provide unified control and authority over the operations of the development so that there is one entity or individual that is responsible for enforcing the terms and conditions of the PRD approval for all tenants, homeowners,business owners and other users of the PRD. B. Minimum Area. The minimum area for a PRD shall be 100 contiguous acres of land. The Town Board may consider projects of lesser acreage where the applicant can demonstrate that the characteristics of his holdings meet the purposes and objectives of this article. C. Allowed Uses and Base Residential Density. Any type of non-residential and residential use may be permitted within an area designated as a PRD subject to the provisions of this Article and the conditions of approval of the PRD provided that the recreational use is the predominant use with at least 50% of all the land area is devoted to uses for recreation and provided that the non- residential uses are appropriate for a resort-type community and function. Base residential density(BRD) in a PRD, is that density as permitted in the original District or Districts in the current Zoning Ordinance. The residential density allowed in a PRD(PRD Density)shall not exceed one hundred percent(100%) of the original base residential density except as set forth below. The overall residential intensity of the project cannot exceed the amount of available development potential of the individual APA Land Use Intensity Zone if the proposed PRD is located within the Adirondack Park. a. For the inclusion of one LEED certified dwelling unit under the United States Green Building Council's LEED (Leadership in Energy and Environmental Design)program, one dwelling unit may be added as a density bonus. The bonus unit must also be LEED certified. The level of LEED certification does not matter. b. For the inclusion of three dwelling units certified as energy efficient under the federal government's Energy Star program, one dwelling (214) may be added as a density bonus. The bonus unit must also be certified as energy efficient until the federal government's Energy Star program. This density bonus shall not exceed ten percent of the Base Residential Density. § 179-12b-030 Considerations In determining whether a Planned Unit Development should be allowed, particularly as regards the intensity of land use, the Town Board shall consider the following factors. A. The need and market demand for the proposed project in the proposed location. B. The availability and adequacy of water service. C. The availability and adequacy of sanitary waste disposal facilities. D. The availability and adequacy of transportation systems, including the impact on the road network. E. The pedestrian circulation and open space in relation to structures, throughout the proposed development, and as part of an adjoining or future connecting townwide open and linear pathway system, if applicable. F. The character of the area in which the PRD is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighboring area in general. G. The density and location buildings and their relation to the open space and recreational areas of the site. H. Potential impacts on local government services. I. Potential impacts on environmental resources including wetlands, surface water, floodplains, critical environmental areas, and plant and wildlife communities. J. The general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type. K. Other factors as may be deemed appropriate by the Town Board. § 179-12b-040 Common Property in the Planned Resort Development A. Common property in a Planned Resort Development 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 (215) individual building sites. Cominon property shall be allowed within a PRD and may include private streets, drives, services,parking areas, and recreational and open space areas. B. The ownership of land dedicated for park,recreation or open space use shall be determined by the property owner or applicant. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following: the Town: another public jurisdiction or agency subject to their acceptance; a private, nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land; shared, common interest by all property owners in a subdivision; a homeowner, condominium or cooperative association or organization; or private ownership encumbered by a conservation easement pursuant to Section 247 of General Municipal Law or Sections 49-0301 through 49-0311 of Environmental Conservation Law. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, services, and parking areas and recreational and open space areas. § 179-12b-050 Applications and Zoning Approvals Whenever any Planned Resort Development is proposed,before any permit for the erection of a permanent building in such planned resort development shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Warren County Clerk,the developer or his authorized agent shall apply for and secure approval of such planned resort development in accordance with the following procedures: 1. Submit sketch plan to the Town Board for consideration.If the Town Board determines that the proposal merits further review,then it may refer the application to the Planning Board 2. Planning Board review of rezoning referral and sketch plan and public hearing held by Planning Board. 3. Planning Board report to Town Board. 4. Town Board conducts a public hearing on rezoning and conducts SEQR review. 5. Upon approval of rezoning,review project elements for subdivision or site plan approvals. A. Application for Sketch Plan Approval. (216) 1. Sketch Plan Drawing. The application shall include a sketch plan drawn to scale, though it need not be to the precision of a finished engineering drawing and it shall clearly show the following information. a. The location of the various uses and their areas. b. The general outlines of the interior roadways system and all existing right-of-way and easements,whether public or private. c. Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure (i.e., luxury, middle-income, moderate income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for such area,and a calculation of total permeable area. d. The interior open space system and the land area devoted to recreational uses. e. The overall drainage system. f. If grades exceed three percent (3%) or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five(5)feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. If grades are less than three percent (3%), the topographic map may be at ten (10)foot contour intervals. g. Principal ties to the community at large with respect to transportation, water supply and sewage disposal. h. General description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated. i. A location map showing uses and ownership of abutting lands. j. A long form environmental assessment form. 2. Additional Sketch Plan Documentation. In addition, the following documentation shall accompany the sketch plan: a. Evidence of how the principal recreational use and the particular mix of other land uses meets market or regional tourism demands. (217) b. A general statement as to how common open space is to be owned and maintained. c. If the development is to be phased or staged, a general indication of how the staging is to proceed. Whether or not the development is to be phased or staged, the sketch plan of this section shall show the intended total project. d. How the plan is in conformance with the Town's Comprehensive Plan. e. Evidence of the applicant's physical and financial competence to carry out the plan and his awareness of the scope of such a project. f. A draft amendment of this Chapter applicable to the project for review by the Town Board. The draft shall identify all amendments to this Chapter and the Zoning Map as required by the PRD. g. A fiscal impact analysis identifying projected short and long term impacts on municipal and school district budgets. 3. In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment,the developer shall submit an application of his proposal to the Town Board. The Town Board, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Town Board determines that the proposal does not merit review because it does not meet the objectives of this Article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. After referral by the Town Board and after receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of Section 179-16-120 of this ordinance and shall render either a favorable or an unfavorable report to the Town Board within 60 days of the closing of the public hearing. 4. In reviewing the sketch plan the Planning Board may call upon the County Planning Department and any other public or private agencies or consultants that the Board feels are necessary to provide a sound review of the proposal. In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee reflects the actual cost of legal and technical assistance to the Planning Board. 5. A favorable report shall include a recommendation to the Town Board that the proposal has merit and should proceed to further consideration by the (218) Town Board including a public hearing be held for the purpose of considering planned resort development districting. It shall set forth the reasons supporting the recommendation and shall be based on the objectives set forth in § 179-12b-010. Said report must include, at a minimum,the following findings: a. That the proposal meets the intent and objectives of planned resort development,as expressed in this Article. b. That the proposal meets all the general requirements in this Article. c. That the proposal is conceptually sound in that it meets a community and/or regional need and it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another. d. That there are adequate services and utilities available or proposed to be made available in the construction of the development. e. That the proposal is in accordance with the Comprehensive Plan and furthers the policies, goals and/or objectives of the Comprehensive Plan. 6. An unfavorable report shall state clearly the reasons therefore, and if appropriate,point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within ten (10) days after receiving an unfavorable report, file an application for Planned Resort Development districting with the Town Board. The Town Board may then determine, on its own initiative, whether or not it wished to call a public hearing. If the Town Board determines not to hold a hearing, no further action shall be taken and the application shall be considered denied. 7. The Chairman of the Planning Board shall certify when all of the necessary application material has been presented, and the Planning Board shall submit its report within sixty (60) days of such certification. If no report has been rendered after sixty(60) days, the applicant may proceed as if an unfavorable report were given to him. C.Application for Planned Resort Development Districting. 1. Upon receipt of a favorable report from the Planning Board or upon its own determination, the Town Board shall set a date for and conduct a public hearing for the purpose of considering planned resort development districting for the applicant's plan, in accordance with the procedures established by the Town Board for holding meetings, said public hearing to (219) be conducted within forty-five (45) days of the receipt of the favorable report or the decision on appeal from an unfavorable report. 2. If required, the Town Board shall refer the application to the Warren County Planning Board for its analysis and recommendations, and the Town Board shall also refer the application to such other agencies or consultants it deems appropriate. If County Planning Board review is not required, the Town Board may still refer the application for their review and recommendations. 3. Within thirty(30) days following receipt of the report from the County Planning Board,the Town Board shall render its decision on the application. D. Zoning for Planned Resort Development If the Town Board grants the planned resort development districting, the Zoning Map shall be so noted. The Town Board shall, in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems, both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, firehouses, and libraries,protection of natural and/or historic sites and other physical or social demands. Proposed uses and density of the PRD shall be subject to §179-12b-020(C)of this Article. E. Site Plan and Subdivision Approvals Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to subdivision or site plan approvals, as applicable. The procedure for such approvals shall be as specified in Article 9, Site Plan Review, of this ordinance for site plan approvals and in the Town of Queensbury Subdivision Regulations for subdivision approvals. Do to the intent of PRDs and their flexible, yet cohesive, nature the subdivision and site plan approval process may take place simultaneously. Where procedures are in conflict,the more restrictive process will apply. § 179-12b-060 Changes in Plan If it becomes apparent in the subdivision and/or site plan review process that certain elements of the sketch plan, as approved by the Town Board, are not feasible and need significant modification, the applicant shall present solutions to the Planning Board to address the PRD subdivision and/or site plans, in accordance with all of the above procedures.The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the local law creating the PRD. If a (220) negative decision is reached, the site plan shall be considered disapproved. The applicant may then produce another site plan in accordance with the approved PRD plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reason for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board. § 179-12-070 Development Phasing A. If the applicant wishes to develop the PRD in phases, or if the Town Board wishes to require that development be phased, the applicant may then submit only those phases for site plan review and/or subdivision approval per the approved staging plan. Any plan anticipated to require more than 24 months to be completed shall be required to be phased, and a phasing plan must be developed. The Zoning Administrator or Code Enforcement Officer may withhold the issuance of zoning or building permits if the approved phasing plan is not being followed. A phasing plan shall be submitted to the Board of Trustees as part of the PRD application materials if development phasing is contemplated by the applicant. The Town Board shall have the authority to approve, with or without modifications and/or conditions, or deny the phasing plan based on the following standards: 1. Each phase must be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. 2. Each phase when completed must be able to fully function on its own or in conjunction with prior phases without dependence on subsequent phases and each phase shall be fully completed prior to the final approval of subsequent phases. 3. The infrastructure, as installed, shall be sufficient to accommodate each planned phase of development. 4. Each phase shall have an appropriate ratio of the various uses proposed for the development. B. Construction Schedule. The applicant shall propose and the Town Board shall review and approve a construction schedule for the development of an approved PRD. Generally, commencement of development of the PRD, or the first phase if a phased PRD is approved,must occur within two (2)years of the date that the final site plan of the PRD is approved. However, it is recognized that depending on the scale and complexity of the development, consideration may be made with respect to the reasonable time necessary for the applicant to (221) obtain construction financing, insurance and bonds, executing construction contracts, and other such aspects involved in a development project. Thus,the Town Board may modify the time-period allowed for commencement of construction depending on the circumstances of each PRD. § 179-12b-080 No Construction Until Requirements Met No zoning or building permits shall be issued for construction within a Planned Resort Development District until improvements are installed or financial security is posted in accordance with the procedures of Section 179-12b-090 of this Chapter and/or the Town of Queensbury Subdivision Regulations. Construction may also not occur until such other requirements and conditions as established by the Town Board and Planning Board have been met. § 179-12b-090 Financial Security The Town Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals. The Boards shall follow the procedures in the Town of Queensbury Subdivision Regulations or NYS Town Law Sect 277(9)for such financial security. § 179-12b-100 Expiration Unless otherwise specified or extended by the Town Board, any PRD approval shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of such decision thereof. § 179-12b-110 Filing All Planning Board decisions shall be filed with the Town Board and Town Clerk, and the Town Board shall file all decisions with the Planning Board and Town Clerk. The applicant shall receive copies of all decisions. § 179-12b-120 Fees A. Fees for Planned Resort Developments shall be set in accordance with a schedule of fees as adopted by the Town Board pursuant to § 179-16-110. B. In addition to the fee listed on the schedule of fees,the Town may charge a fee to developers of projects requiring legal and technical review,provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board and the Town Board.. (222) ARTICLE 13 Nonconforming Uses, Structures and Lots § 179-13-010 Continuation Subject to the provisions of this Article, a lawful nonconforming structure or use or a structure containing a lawful nonconforming use may be continued and maintained in reasonable repair but may not be enlarged or extended as of the date tlis chapter becomes law, except as follows: A. A lawful non-conforming residential dwelling may be enlarged, reconstructed, altered or renovated only by a variance granted from the Zoning Board of Appeals. B. A mobile home may be replaced with another mobile home provided that the replaced mobile home is removed from the lot and the replacement mobile home meets current HUD standards and is in compliance with Chapter 113 of this Code. C. In no case shall any increase or expansion violate or increase noncompliance with the minimum setback requirements of the shoreline restrictions. D. This Article shall not be construed to permit any unsafe use or structure. Nor shall it affect all proper procedures to regulate or prohibit the unsafe use or structure. E. Any lawful nonconforming use may be modified, enlarged or increased in any respect or to any degree only by variance granted by the Zoning Board of Appeals. F. An lawful existing, non-conforming structure, which violates only the area requirements of this Chapter, may be enlarged or extended so long as the proposed enlargement or extension itself does not violate any other area requirements of this Chapter. G. Site plan approval by the Planning Board shall be required for any enlargement of a lawful nonconforming structure or use of a structure containing a nonconforming use existing within a critical environmental area designated by the Town Board of the Town of Queensbury or the rules and regulations of the Department of Environmental Conservation adopted to the SEQRA. 179-13-020 Discontinuance If a nonconforming use is discontinued for a period of IS consecutive months, such use shall be deemed to be abandoned and further use of the property shall conform to this Chapter. (223) 179-13-030 Change in Use If a nonconforming use is replaced by another use, the new use shall conform to this Chapter. 179-13-040 Completion of Structures Nothing contained in this Chapter shall require any change in plans, construction, alteration or designated use of a structure for which all preconstruction approvals have been given prior to the adoption of this Chapter unless such approval has expired. 179-13-050 Destruction A. Area nonconformity. Any structure which is nonconforming due to a setback violation or, in the case of multifamily housing, due to greater density than would be allowed by this Chapter, 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 reconstruct according to its original dimension and density if a complete building permit for said reconstruction is submitted within 18 months of said destruction. If a complete building permit for reconstruction has not been submitted within this period, the rebuilt structure must conform to this Chapter. B. Use nonconformity. Any structure which is a nonconforming use according to the provisions of this Chapter that 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, may be replaced if a complete building permit for said reconstruction is submitted within 18 months of the destructive incident. If a complete building permit for reconstruction has not been submitted within this period,the rebuilt structure must conform to this Chapter. § 179-13-060 Nonconforming Lots of Record This Zoning Chapter as it was revised on October 1, 1988, and again on April 20, 2009, set forth many new requirements concerning lot area, size, dimensions and setbacks. This section exempts certain lots from the requirements of this Chapter as it currently exists and as it existed since October 1, 1988, as follows: A. Any lot of record, lawfully existing and complying with the Town of Queensbury Zoning regulations as was applicable on the day that such lot of record was legally created by recording the deed for such lot in the Warren County Clerk's office, and that does not conform to the dimensional requirements of this Chapter shall be considered a legal nonconforming lot of (224) record. Except as provided in subparagraphs C and D hereof, such lots can be developed in accordance with the ninimal dimension requirements that were existing and effective on the day that such lot was created. B. Development of any lawfully nonconformng lots of record which are located within Planning Board approved subdivisions shall be considered a legal nonconforming lot of record and can be developed in accordance with the minimal dimension requirements that were existing and effective on the day that such lot was created provided that the approved subdivision plat was filed in the Warren Count), Clerk's in accordance with law. The date that such lot was created shall be deemed to be the date that such approved subdivision plat was filed in the Warren County Clerk's office. C. Development of any lawfully nonconfonning lots of record existing outside of Planning Board approved subdivisions shall comply with the setback requirements of this chapter unless the Zoning Board of Appeals grants a variance. D. Development of nonconforming lots in a critical environmental area and/or the Adirondack Park shall be in accordance with Section 811 of NYS Executive Law, Article 27 (The APA Act). Development of such lots shall also comply with the minimum yard setback, lot width, permeability and building height limitations as set forth by this Chapter. In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. Lawful nonconforming lots shall include those lots in pre-existing subdivisions which were approved by the NYS Department of Health. (225) ARTICLE 14 Appeals and Variances § 179-14-010 Purpose A. The purpose of this Article is to provide for appeals from requirements, determinations, decisions, interpretations or orders, of the Zoning Administrator. Such appeals may request an interpretation of, or variances from, provisions or requirements of this Chapter pursuant to this Article. B. Pursuant to § 179-9-070(H) of this Chapter regarding site plan approval and Chapter Al 83 (Subdivisions), an application may be made for an area variance regarding a site plan or subdivision application without a decision or determination having been made by the Zoning Administrator. § 179-14-020 Authorization of Zoning Board of Appeals A. Appeals from requirements, determinations, decisions, interpretations and orders of Zoning Administrator. The Zoning Board of Appeals is vested with the authority to interpret the provisions of this Chapter on an appeal from a written decision, determination, order, requirement or interpretation made by the Zoning Administrator. As such,the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the written decision, determination, order, requirement or interpretation appealed from, and shall make such written decision, determination, order, requirement or interpretation as in its opinion ought to have been made in the matter by the Zoning Administrator. In so doing, the Zoning Board of Appeals shall have all the powers of the Zoning Administrator from whose written decision, determination, order, requirement or interpretation the appeal is taken. B. Authorization for Zoning Board of Appeals to Grant Variances. In accordance with Section 267-b of the Town Law of the State of New York, the Zoning Board of Appeals shall have the power, upon appeal from a written decision, determination, order, requirement or interpretation by the Zoning Administrator or by referral from the Planning Board pursuant to § 179-9- 070(H) of this Chapter regarding Site Plan approval and Subdivision under Chapter Al83 and after public hearing, to vary or modify the application of any of the provisions of this Chapter relating to the construction, alteration or use of structures or the use of land, so that the intent and terms of this Chapter are observed, public safety and welfare secured, and substantial justice done. Notice of the time and place of the public hearing shall be posted at the Town Hall and published at least 10 days in advance of such hearing in the official newspaper. The specific standards for the grant of use and area variances are (226) set forth below. Use and area variances are defined in Article 2 of this Chapter. § 179-14-030 Appeal and Application for Variance An appeal for an interpretation and/or variance 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 to be necessary to make its decision and findings under § 179-14-080 below, and include a legal description of the property, a map showing the property and all properties within a radius of 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 Zoning Board of Appeals to an understanding of the appeal and its relationship to surrounding properties. § 179-14-040 Procedure for Appeals A. Meetings, Minutes, Records: Meetings of the Zoning Board of Appeals shall be open to the public as required in Article Seven of the Public Officers Law of the State of New York. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. B. Filing Requirements: Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the Town Clerk's Office as the case may be,withinfive(5) business days and shall be a public record. C. Hearing Appeals: Except for applications for area variances arising from a pending or proposed site plan or subdivision application, the Zoning Board of Appeals' jurisdiction shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the Zoning Administrator. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department,board or bureau of the Town. D. Time of Appeal: Such appeal shall be taken within sixty (60) days after the filing in the Town Clerk's office of any order, requirement, decision, (227) interpretation or determination of the Zoning Administrator. The appeal shall be taken by filing with the Zoning Administrator and with the Town Clerk a notice of appeal, specifying the grounds thereof and the relief sought pursuant to § 179-14-030. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Zoning Board of Appeals, at its discretion, may request the Planning Board to make a recommendation on such matter and such recommendation shall become part of the record, but shall not be binding upon the Zoning Board of Appeals. E. Stay Upon Appeal: An appeal shall stop all proceedings relating to the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a Court of competent jurisdiction. The application for a stay shall be on notice to the Zoning Administrator and with due cause shown. F. Hearing on Appeal: The Zoning Board of Appeals shall schedule and hold a public hearing on the appeal or other matter referred to it within 62 days of the date that the application for the appeal is considered complete and give public notice of such hearing by publication in a paper of general circulation in the Town at least ten days prior to the date thereof. The application for the appeal is considered to be complete once the Zoning Board of Appeals determines that the applicant has submitted all information required to make a decision on the appeal. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the board prior to the hearing of such appeal. At the hearing, any party may appear in person, or by agent or attorney. The time within which the Zoning Board of Appeals must hold a public hearing may be extended by mutual consent of the applicant and the board. G. Time of Decision: The Zoning Board of Appeals shall decide the appeal within sixty-two (62) days after the close of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the board. H. Filing of Decision and Notice: The decision or draft minutes of the Zoning Board of Appeals on the appeal shall be filed in the Office of Town Clerk and Zoning Administrator within five(5)business days after the day such decision is rendered, and a copy thereof mailed to the applicant, and to the APA and/or the County Planning Board if applicable pursuant to subsection I below. The minutes, as approved by the Zoning Board of Appeals, shall be filed in the (228) Town Clerk's Office within ten (10) business days of the meeting at which the minutes were approved. I. Notice to APA and County Planning Board. At least ten days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties; to the Adirondack Park Agency if the appeal concerns a variance involving property located in the Adirondack Park; and to the Warren County Department of Planning, as required by Section 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in subdivision one of Section 239-m of the General Municipal Law. In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Zoning Board of Appeals must give notice of the hearing to the clerk of the adjacent municipality, by either mail or electronic transmission, at least 10 days prior to the hearing. J. Compliance with SEQRA: The Zoning Board of Appeals shall comply with the provisions of the SEQRA. The following actions of the Zoning Board of Appeals do not require review under SEQRA: Granting of individual setback and lot line variances; granting of an area variance(s) for a single-family and a two-family dwelling; and appeals involving only interpretations of this Chapter and not variances other than those are variances previously mentioned. K. Rehearing: A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the board not previously reheard may be made by any member of the board. A unanimous vote of all members of the board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby. § 179-14-050 Imposition of Conditions The Zoning Board of Appeals shall, in granting any variances, impose such reasonable conditions and restrictions as are related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this Chapter, and shall be imposed for the purpose of avoiding or minimizing any adverse impact the variance may have on the neighborhood or community. (229) § 179-14-060 Conduct of Business A. The Zoning Board of Appeals may utiltize such clerical or other staff or legal counsel as may be necessary, B. The Zoning Board of Appeals may promulgate written rules of procedure, by-laws, and forms in order to fulfill its responsibilities under this Chapter. C. All meetings of the Zoning Board of Appeals shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Appeals are subject to the New York State Open Meetings Law.. The concurring vote of a majority of all members shall be necessary to take action on any matter before it. D. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every decision. If a member is absent or fails to vote, the minutes shall so indicate. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision, interpretation, or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five (5) business days and shall be a public record. § 179-14-070 Decision, Appeal,APA Review A. The grant of a variance shall serve as authorization for the Zoning Administrator to issue a building and/or zoning permit, provided that the project otherwise complies with all applicable provisions of this Chapter and other applicable regulations. B. Appeals from a Zoning Board of Appeals decision may be taken as allowed by Town Law § 267-c. C. The Adirondack Park Agency shall be considered a party to variance applications involving property in the Adirondack Park and shall receive such notice and have such rights of review as are provided in the Executive Law of the State of New York and the applicable APA rules and regulations. D. 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 30 days after such notice to the Agency. If, within such thirty-day period, the Agency determines that such variance involves the provisions of the Adirondack Park Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate (230) statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance. § 179-14-080 Variance Criteria A. Area Variance. I. In making its determination whether to grant an area variance, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. b. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. c. Whether the requested area variance is substantial d. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and e. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. 2. The Board of Appeals, in granting any area variance, shall grant the minimum variance that it shall deem necessary, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. B. Use Variance. 1. No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: a. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (231) b. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; c. The requested use variance, if granted, will not alter the essential character of the neighborhood; and d. The alleged hardship has not been self-created. 2. The Zoning Board of Appeals, in granting any use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. C. Lands in the Adirondack Park. Any variance which involves the provisions of the Adirondack Park Land Use and Development Plan shall be in conformance with Section 806, 807, and 808 of the Adirondack Park Agency Act. D. Final approved Plans: Final approved plans in compliance with the Zoning Board of Appeals approval must be submitted to the Zoning Administrator prior to any application for final Planning Board approval or building permits. § 179-14-090 Expiration of Variance Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant or landowner fails to undertake the proposed action or project pursuant to the terms of the variance within one year from the filing date of such decision thereof. (232) ARTICLE 15 Amendments § 179-15-010 Purpose The purpose of this Article is to allow for amendment to this Chapter by petition of a property owner, resolution by the Planning Board or Zoning Board of Appeals or upon the Town Board's own initiative, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this Article. § 179-15-020 Initiation The Town Board, from time to time, may amend this Chapter, including the official Zoning Map, pursuant to the provisions of this Article upon its own motion or petition by one or more property owners, or by resolution of the Planning Board or Zoning Board of Appeals that requests a specific amendment of this Chapter. A property owner may apply for amendment to this Chapter by filing seventeen complete sets of an application with the Town Clerk. The application shall include a petition requesting the Town Board to amend a particular provision or provisions of this Chapter and/or the Zoning Map, a description of requested amendment, identification and description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and the applicable filing fee. In the case of a requested amendment that does not apply to an amendment of the Zoning Map or otherwise affecting specific properties,no properties need be identified as affected. § 179-15-030 Review by Planning Agencies As an aid in analyzing the implications of proposed amendments and in coordinating the effect of such actions on intergovernmental concerns, the Town Board may refer any proposed amendments to the Planning Board and the County Planning Board and shall refer all amendments specified in state law for review by the latter. § 179-15-040 Referral to Town Planning Board The Town Board may, at its own discretion and by Town Board resolution, refer any proposed amendments, to the Planning Board for a recommendation. No action shall be taken on the requested amendment referred to the Planning Board until its recommendation, in writing, has been received by the Town Board, or 30 days have elapsed after such referral has been made, unless the Planning Board and Town Board agree to an extension beyond the 30-day requirement for the Planning Board's (233) review and recommendation. The Town Board shall consider the Planning Board's recommendation but need not follow it. § 179-15-050 Referral to County Planning Board and APA A. Any proposed amendment affecting real property within 500 feet of the boundary of the Town of Queensbury, the boundary of any existing or proposed County or State park or other recreational area, the right-of-way of any existing or proposed County or State roadway, the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the County for which the County has established channel lines, or the boundary of any existing or proposed County or State-owned land on which a public building or institution is situated shall be referred to the Warren County Planning Board before final action is taken pursuant to section 239-m of the General Municipal Law. B. No action shall be taken on proposals referred to the County Planning Board until its recommendation has been received, or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the County Planning Board and the Town Board agree to an extension beyond the 30-day requirement for the County Planning Board's review. C. Any proposed amendment affecting real property within the Adirondack Park shall be referred to the Adirondack Park Agency and, if deemed reviewable by the Agency, approved by the Agency prior to adoption by the Town Board. § 179-15-060 SEQRA Compliance A proposed amendment to this Chapter shall constitute a Type I action under SEQRA. Upon receipt of the petition and application materials that the Town Board deems complete (or upon the formal introduction of a proposed amendment made upon the Town Board's own initiative), the Town Board shall initiate the SEQRA process by either circulating the application and full Environmental Assessment Form ("EAF") to all involved agencies, if any, or by issuing its determination of significance within 20 days of its formal introduction of a proposed amendment made upon the Town Board's own initiative or within 20 days of its acceptance of a completed petition and application, EAF and other supporting materials. Where the proposed action may have a significant adverse effect on the environment, the Town Board shall issue a positive declaration and require the submission of a Draft Environmental Impact Statement (DEIS). No time periods for decision making in this local law shall begin to run until either acceptance of a DEIS as satisfactory pursuant to New York State Department of Environmental Conservation Regulations (234) or the issuance of a negative declaration. § 179-15-070 Public Hearing and Notice No proposed amendment shall become effective until after a public hearing thereon, at which the public shall have an opportunity to be heard on the proposed amendment. The Town Board shall set, by resolution at a duly called meeting, the time and place for a public hearing on proposed amendments, and shall cause public notice to be published, posted and circulated as set forth below. If a proposed amendment is initiated by petition, the petitioner shall be responsible for the costs of publication and circulation of notice. A. Publication of Notice in Newspaper and Posting in Town Hall Notice of the time and place of the public hearing shall be posted at the Town Hall and published at least 10 days in advance of such hearing in the official newspaper. This notice shall provide a summary of the proposed amendment, indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing. B. Notice to Adjacent Municipalities Written notice of any proposed amendment affecting property within 500 feet of an adjacent municipality shall be served in person or by mail upon the Clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon, but shall not have the right to review by a court. C. Notice to Adjacent Property Owners Where a proposed amendment would result in a re-zoning of fewer than thirty(30) parcels,written notice of the proposed amendment shall be mailed to the owners of such parcels and to the owners of all parcels immediately adjacent to such parcels. All such notices shall be mailed to the parcel owners of record, as shown in the most recent assessment records of the Town,to the owners' addresses shown in such records. § 179-15-080 Adoption The Town Board may adopt amendments to this Zoning Law by a majority vote of its membership, except in the case of local protest or disapproval by the County Planning Board as noted below. A. Local Protest The favorable vote of three-fourths (i.e., four) of the Town Board seats shall be required for passage of any amendment which is subject to a written protest signed (235) and acknowledged by the owners of land comprising 20% or more of land area in any of the following areas: 1. The land area included in the proposed amendment. 2. The land area immediately adjacent to the area proposed to be changed and extending 100 feet therefrom. 3. The land area directly opposite the area proposed to be changed and extending 100 feet from the road frontage of such opposite land. B. County Disapproval A majority-plus-one vote of all Town Board members shall be required to pass any proposal which receives a recommendation of disapproval from the County Planning Board because of the referral process specified in § 179-15-050 above, along with a resolution setting forth the reasons for such contrary action. C. Consideration of Town Comprehensive Plan The Town Board in deliberating on whether to adopt a proposed amendment to this Chapter, including but not limited to, a proposed rezoning of a parcel or parcels of property or any modification to the Zoning Map, shall consider the proposed amendment in relation to the Comprehensive Plan and shall only adopt the proposed amendment if it is consistent and in accordance with the Comprehensive Plan. D. Notice of Adoption The Town Board shall send notice of its decision regarding the proposed amendment and a copy of the actual amendment to the person petitioning for the amendment, if applicable, to the Town Planning Board, Zoning Board of Appeals and Zoning Administrator, to the County Planning Board and APA if the referral to such agencies was required pursuant to § 179-15-050 above. § l 79-15-090 Effective Date Unless the amendment provides for a different effective date, each amendment adopted by the Town Board shall take effect when filed with the Secretary of State of the State of New York pursuant to the Municipal Home Rule Law of the State of New York. § 179-15-100 Right to Complete Project Inconsistent with Amendment Where a project for which a permit or approval has been lawfully issued, but no certificate of compliance has been issued, and such project would be rendered (236) nonconforming by an amendment of this Chapter, such project shall have the right to be completed and to be awarded a certificate of compliance pursuant to the provisions in effect when the project permit was issued only if, in the case of a project primarily involving a building, the foundation has been completed prior to the effective date of the amendment, and, in the case of a project not primarily involving a building, a substantial amount of construction or site preparation has been completed prior to the effective date of the amendment. (237) ARTICLE 16 Administration § 179-16-010 Zoning Administrator A. The Zoning Administrator shall administer this Chapter in the first instance so that all land use applications must start with the Zoning Administrator. Land use applications may then be forwarded to the Town Board, the Planning Board or the Zoning Board of Appeals depending on the appropriate jurisdiction over such applications pursuant to this Chapter. Compliance with this Chapter and all permits, approvals and decisions that are rendered under this Chapter shall be enforced by the Zoning Administrator. Specifically, the Zoning Administrator shall have the following powers and duties 1. Initial review and processing of all applications submitted under this Chapter. 2. Issue zoning permits and certificates of compliance. 3. Enforce the conditions of any variance, site plan review or special use permit. 4. Enforce the specific provisions of this ordinance. 5. Administer and interpret the specific provisions of this ordinance. B. The Zoning Administrator shall be appointed by and may be removed at the pleasure of the Town Board. § 179-16-020 General Provisions No person shall undertake any land use development or commence any land disturbance or other activity in furtherance or anticipation of any land use without first applying for, and obtaining, a zoning permit from the Zoning Administrator unless otherwise exempt or allowed pursuant to this Chapter. A zoning permit will be issued only when the Zoning Administrator has determined that all requirements of this Chapter and all other applicable laws and regulations have been satisfied. § l 79-16-030 Application Procedure A. Meeting with Zoning Administrator Any person intending to engage in an activity that may be subject to this Chapter should meet with the Zoning Administrator as early as possible to determine which, if any, permits or approvals may be required and which review procedures, if any, apply. (238) B. Filing Application for Zoning Permit A person seeking a zoning permit shall file an application for a zoning permit with the Zoning Administrator, together with the appropriate fee. The application shall be submitted on forms provided for such purpose by the Town, and shall include a plan drawn to scale showing the actual dimensions of the land to be built on or otherwise used, the size and location of all buildings or other structures or other uses to be built or undertaken and such other information as may be necessary in the evaluation of the application and the administration of this Chapter. Within twenty (20) business days following receipt of an application, the Zoning Administrator shall notify the applicant of any additional information required for completion of the application. If no such notice is timely given, then the application shall be deemed complete as filed. When all additional information is received, the Zoning Administrator shall acknowledge the same in writing. The Zoning Administrator shall provide a report or copies of application to the Town Board and/or the Planning Board on a monthly basis if directed by the Town Board. C. Determination Not later than twenty (20) business days after receiving a completed appli- cation, the Zoning Administrator shall mail or deliver to the applicant one of the following determinations: 1. The proposed project or activity complies with the requirements of this Chapter and all other applicable and local laws and regulations and requires no other approvals, and accordingly a zoning permit is issued; or 2. The proposed project or activity is inconsistent with one or more specified requirements of this Chapter or other applicable local law or regulation, and a zoning permit is denied; or 3. The proposed project requires one or more specified approvals before a zoning permit can be granted. The proposed project may, for example, be for a use allowable by Special Permit and/or Site Plan approval, requiring approval of a Special Permit and/or approval of a Site Plan by the Planning Board. Upon request, the Zoning Administrator may advise the applicant if any other approvals are needed, and provide basic zoning information needed for the preparation of the required application. D. Appeals Any decision of the Zoning Administrator may be appealed to the Zoning Board of Appeals, or a variance may be sought from the Zoning Board of Appeals pursuant to Article 14.. (239) E. Issuance and Posting When the required approvals have been obtained, and all other legal and regulatory requirements have been satisfied, the Zoning Administrator shall issue a zoning permit. All zoning permits shall be issued in duplicate and one copy shall be kept by the applicant conspicuously on the premises affected at all times (protected from the weather, if necessary, and whenever construction work is being perfornied thereon). In issuing a zoning permit, the Zoning Administrator shall sign, date, and return one copy of the approved plans bearing the notation "Approved." No person shall perform any construction or otherwise undertake a project requiring a permit unless a zoning permit for such project is displayed as set forth above, nor shall any person perform such activities after notification of the revocation of a zoning permit. F. Posting of Notice of Review on Property The applicant must post a sign, issued by the Town, that describes the review process underway on the property. The sign must be conspicuously displayed on the premises affected while the property is under review and until a zoning permit has been issued. G. Revocation If the Zoning Administrator determines that an application or accompanying plans are in any material respect false or misleading, or that work being done upon the premises differs materially from what is allowed by the zoning permit,the Zoning Administrator may forthwith revoke the zoning permit. The permittee and/or the owner of the property shall thereupon cease the use, activity, or construction, and surrender the zoning permit to the Zoning Administrator. H. Lapse and Renewal A zoning permit shall lapse one year following the date it was granted if the project has not been commenced or the use has not been commenced. The Zoning Administrator may renew any zoning permit once for a period terminating not later than one year from the date it would have originally lapsed, provided that the facts upon which the zoning permit was granted have not substantially changed. I. Void for Misrepresentation Any zoning permit or other approval granted under this Chapter shall be void if it is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known. § 179-16-040 Site Inspection (240) The submission of an application for a zoning permit, or for any other approval, variance or matter covered by this Chapter, shall constitute consent to the Zoning Administrator and staff persons and to members or designates of the boards with jurisdictional authority over such application or matter, to conduct such inspections, tests and examinations of the site as such board or officer having jurisdiction deem necessary and appropriate for the purposes of this Chapter. § 179-16-050 Certificate of Compliance No use for which a zoning permit was granted shall be occupied or maintained except pursuant to a certificate of compliance issued by the Zoning Administrator. The Zoning Administrator, within 10 working days after receipt of request for inspection of a project or operation of a use for which a zoning permit has been issued, shall inspect and issue a certificate of compliance if the project has been completed, or the use is being operated in compliance with all terms of the zoning permit and with all applicable provisions of this Chapter and other laws and regulations including any approvals issued by the Zoning Board of Appeals and/or Planning Board, if applicable. Such certificate shall constitute a permit to occupy and/or conduct the use. If the project involves the construction of a building or structure, a building permit and certificate of occupancy must also be issued before the building or structure can be occupied. § 179-16-060 Planning Board Pursuant to § 271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for site plan review and special use permits and referral jurisdiction on matters as set forth in this Chapter. Pursuant to §271-15 of Town Law, alternate members may be established for the Planning Board. § 179-16-070 Zoning Board of Appeals Pursuant to § 267 of the Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven members appointed by the Town Board in such manner and for such term as provided in the Town Law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this Chapter pursuant to Article 14 of this Chapter(Appeals and (241) Variances). Pursuant to the procedures described in §267-11 of Town Law, alternate members may be established for the Zoning Board of Appeals. § 179-16-080 Required Records The original or a certified copy of all decisions, approvals, rulings and findings of any Board under this Chapter, and of all permits and certificates issued under this Article shall be maintained by the Zonng Administrator and retained as a permanent town public record. Tape recordings of any Board proceedings shall be kept by the Town Clerk for a period of not less than three years from the date of such meeting. § 179-16-090 Appeals An appeal from an action, decision or rule by the Zoning Administrator regarding a requirement of this chapter may be made only to the Zoning Board of Appeals within 60 days of such decision or action pursuant to Article 14 of this Chapter. An action, decision or ruling of the Planning Board or Zoning Board of Appeals pursuant to this chapter 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 30 days from the effective date of the decision or ruling or the date when the action or omission occurred, whichever comes later. § 179-16-100 Petition,Application and Appeal Forms Unless otherwise stated, all petitions, applications and appeals provided for in this Chapter shall be made on forms prescribed by the department, official or board with jurisdiction over the particular matter. Completed forms shall be accompanied by whatever further information, plans or specifications as may be required by such forms and/or this Chapter. § 179-16-110 Fees A. Fees provided for by this Chapter 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 by resolution and which are incorporated into this Chapter by reference. 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 and this list is not necessarily all-inclusive: 1. Building permit. 2. Certificate of occupancy. (242) 3. Site plan review. 4. Special use permit. 5. PUD application. 6. Appeals or zoning variance application to ZBA. 7. Subdivision application 8. Certificate of Compliance. 9. Zoning Permit 10. Petition for amendment of this Chapter. B. Consultant Fees In certain instances where the reviewing Board deems the application, or any aspect thereof, requires a consultant to assist the reviewing Board, said Board may require as part of the fee, a deposit in an amount sufficient to reimburse the Town for reasonably estimated costs of a consultant to be retained by the reviewing Board in order to assist the Board in reviewing the application. Said amount shall be based on the specific fee schedule of the particular consultant or consultants retained as well as the scope of services to be provided by such consultant(s). The Town shall hold such deposit in escrow for the sole purpose of paying the costs and fees of the consultant(s) retained for review of the application. The consultant retained shall provide the Town with detailed invoices showing the services rendered for the time-period billed and the Town shall provide the applicant with an opportunity to review said invoices prior to payment. Additional deposits may be required as the review process continues. Any deposit amounts that remain at the end of the process shall be returned to the applicant. Any outstanding fees due to the Town must be paid in full prior to the issuance of a zoning and/or building permit. C. Payment of Fees 1. All fees shall be paid, at the time of application, to the department or board with jurisdiction over such application as designated by this Chapter. No application shall be deemed complete unless required fees have been paid. 2. No fee shall be allowed to be substituted for any other required fee. § 179-16-120 Notice of Public Hearing A. Each notice of hearing that is required or schedule under this Chapter unless otherwise noted in this Chapter, shall be published once in the official (243) newspaper of the Town at least ten days prior to the date of the hearing. In addition, at least five days prior to the date of the hearing, notices shall be mailed to all owners of the property within 500 feet of the exterior boundary of the property for which the application is made, as may be determined by the latest assessment records of the Town. B. In the case of a subdivision, the applicant shall notify all owners identified above and shall show proof of such notification or attempt at notification. In the case of site plan review,variances and other appeals to the Zoning Board of Appeals,the town shall be responsible for such notification. § 179-16-130 Criteria for Zoning Permits; Expiration A. Criteria for issuance of zoning permit. The Zoning Administrator shall issue a zoning permit only if he determines the following: 1. The new land use or development complies with any applicable sanitary codes. 2. The new land use or development meets all dimensional requirements set forth in Article 3 of this Chapter, unless an area variance has been granted pursuant to Article 14,Variances, hereof. 3. The new land use or development has received site plan or special use permit 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. 4. If it is a nonpermissible use, a use variance has been granted pursuant to the terms of Article 14, Variances hereof and, if such grant was subject to conditions to be met prior to the granting of a permit, all such conditions have been met. 5. If it is a sign, such sign complies with the provisions of Chapter 140, Signs. 6. If it is a home occupation, it complies with the provisions of§ 179-5-070. 7. A Stormwater Pollution Prevention Plan consistent wit the requirements of Town Code Chapter 147(Stormwater Management) has been submitted. 8. All other requirements of this Chapter have been met. B. Expiration of zoning permits. If a project for which a permit has been issued is not under construction within 365 days after the issuance of such permit, said permit shall expire, and the project may not thereafter be undertaken or continued unless said permit has been renewed for 180 days (allowed once) or unless a new (244) 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. C. Change in Use. When a structure, building or parcel changes in use,the owner shall be responsible for applying for a new zoning permit. The Zoning Administrator shall review any change in use to ensure that the requirements of this Chapter are met. See § 179-4-040 for provisions affecting the parking requirements for changes in use. (245) ARTICLE 17 Enforcement § 179-17-010 Violations Enforced Whenever a violation of this Zoning Law or the terms and conditions of any permit or approval issued under this Zoning Law occurs, the Zoning Administrator or authorized designee may at his own initiative enforce compliance and order that the violation be remedied. In addition, any person, Town official or Board may file a complaint requesting enforcement action by the Zoning Administrator or authorized designee. All such complaints shall be made to the Zoning Administrator or authorized designee who shall properly record such complaint and timely investigate and report findings thereon to the Town Board, The Zoning Administrator or authorized designee shall have authority to serve an order to cease or remove a violation (otherwise know as a Stop Work Order or Order to Remedy), or to issue a summons, or take any such enforcement action authorized by law upon any person owning, leasing, controlling or managing any building, structure, or land. The undertaking of a land use, construction of any structure, or development for which a zoning permit is required,but not obtained shall constitute a violation of this Chapter. The construction, development or operation of any improvement in a manner that deviates from an approved plan shall constitute a violation of this Chapter. The violation of any condition imposed pursuant to any approval, project permit, certificate of compliance, Special Permit, Site Plan, variance, or subdivision approval shall constitute a violation of this Chapter. § 179-17-020 Penalties for Offenses A. Criminal offense. Any person owning, leasing, managing or otherwise control- ling any building, structure, premises or land where a violation of this Chapter occurs and any person who commits or assists in the commission of any violation of this Chapter who, after being served with an order to cease (Stop Work Order) or remove such violation (Order to Remedy), fails to comply with such order within 10 days after such service, may be found guilty of an offense and subject to a fine as authorized in Section 268 of the Town Law. 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. The Zoning Administrator or authorized designee has the authority under this law and the Town Law to prosecute any such violations in the Town of Queensbury Justice Court or other court of competent jurisdiction. (246) B. Civil offense. In addition to the penalties in Subsection (A) above, any person who violates any provision of this Chapter shall, for every such violation, forfeit and pay a civil penalty of not more than $250.00 per violation. When a violation of any of the provisions is continuous, each day thereof shall automatically constitute a separate and distinct violation subjecting the offender to an additional civil penalty without the necessity for any further notice, order or other action by the Zoning Administrator or authorized designee. The Zoning Administrator or authorized designee has the authority under this law to commence a civil action in order to collect the civil penalty or penalties imposed pursuant to this section in the Town of Queensbury Justice Court or other court of competent jurisdiction provided the Town Board consents to same. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, section 268, the Town Board of the Town of Queensbury hereby declares its intent to supersede said section of the Town Law,pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, Section 10, et. seq. of the Consolidated Laws of the State of New York. C. The methods of enforcement as set forth in Subsections A and B above, as well as § 179-17-020 below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order. § 179-17-030 Alternative Remedies In case of any violation or threatened violation of any of the provisions of this Chapter, or conditions imposed in any approval, permit or certificate of compliance, in addition to the remedies herein provided, the Town may, by resolution of the Town Board, institute any appropriate action or proceedings for injunctive or other relief to prevent,restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. As part of such action, the Town may request the Court for an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief § 179-17-040 Enforcement Orders A. The Town Board for the Town of Queensbury herein grants the Zoning Administrator or authorized designee the enforcement responsibility of immediately terminating or prohibiting the continuance of any actions which (247) are in violation of this Chapter by posting a stop-work order or order to remedy on the premises wherein the violation has occurred. B. The stop-work order or order to remedy shall serve notice to the owner, occupant, builder, developer, agent and/or any other individual or business on the premises that all such actions specified on the stop-work order or order to remedy must be terminated, abated, or remedied immediately or within such time specified in such order. C. Relief from the stop-work order or order to remedy can be realized as follows: 1. If all provisions of this Chapter, together with other conditions specified by the Zoning Administrator, are met and no violation exists. 2. Appeal to, and subsequent decision or order from, the Zoning Board of Appeals, that pursuant to its appellate authority as specified in Article 14, reverses,voids, or otherwise modifies the order appealed from § 179-17-050 Misrepresentation Any permit or approval granted under this Chapter which is based upon or is granted in reliance upon any material misrepresentation, 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 elsewhere in this Article. § 179-17-060 Complaints Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed with the Zoning Administrator or authorized designee, who may require such complaint to be in writing. The Zoning Administrator or authorized designee shall investigate the complaint and take such action as is appropriate in his/her discretion. The Zoning Administrator shall keep records of all complaints made and the results of any investigations conducted. (248) ARTICLE 18 APA and Regional Project Review § 179-18-010 Purpose The purpose of this Article is to further the general purposes, policies and objectives of this chapter 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 are defined in Appendix A.) A. No person shall undertake a Class A 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 site plan review project is also a Class A Regional Project or Class A Regional Subdivision, the project will be deemed to be a Class A Regional Project or Class Regional A Subdivision in its entirety. § 179-18-020 Criteria for Review of Class A Regional Projects 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, Subdivision 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 chapter. C. In making the determination required by Section 809, Subdivision 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 services made necessary by the project, the Agency shall consider those factors pertinent to the project contained in the development considerations set forth in § 179-9-080 in relation to the development objectives and general guidelines set forth in Appendix C of this chapter. D. Notwithstanding the fact that Class A Regional Project approval may have been granted by the Adirondack Park Agency after a finding by that body that the project would comply with all provisions of this chapter, 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 (249) 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 chapter, the Board may disapprove the project, irrespective of any Agency approval. In such case, the reasons for Planning Board disapproval shall be specified in writing. § 179-18-030 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 recommendations as to whether the project meets all of the pertinent requirements and conditions of the Town Land Use Plan. C. Not later than 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. § 179-18-040 Class A Regional Projects Refer to the appendices for a list of Class A Regional Projects. § 179-18-050 Class B Regional Projects Refer to the appendices for a list of Class B Regional Projects. § 179-18-060 Regional Project Review Criteria Refer to the appendices for a list of the Regional Project review criteria. (250) ARTICLE 19 ACCESS MANAGEMENT §179-19-010 Driveway standards A. Purpose. One objective of access management is to reduce conflicts along heavily-traveled roadways and thereby achieve the safe and efficient movement of traffic. The other main objective is to reduce conflicts between motor vehicles and pedestrians. Conflict points can be reduced through appropriate limitations on the number of driveways, driveway spacing, and by establishing provisions for vehicles to move between parking areas to access abutting properties. Reducing curb cuts helps avoid excessive turning motions that snarl traffic and create increased chances for accident. Reducing the number of driveways also enhances the walkability and improves public safety of Queensbury—important goals of the Comprehensive Plan. B. General requirements 1. The site layout, location and design of driveways,parking, and other access management requirements should be based on full permissible development of a property. Driveways should be limited to one per property. More than one driveway may be permitted if: a. the additional driveway(s) does not degrade traffic operations and safety on State or local roads; and b. the additional driveway(s) will improve the safe and efficient movement of traffic between the property and the road. 2. If a property fronts two or more roads, the driveway shall be placed on the road with the lowest functional classification unless the Planning Board decides such placement is not in the best interest of public safety. 3. Properties with frontage on two or more roads do not have the right to driveways to all roads. 4. Driveways may be required to be located so as to provide shared driveways and/or cross access driveways with an abutting property or properties. a. Shared driveways and/or cross access driveways shall be a minimum of twenty (20) feet in width) in order to accommodate two-way travel for motor vehicles. The Planning Board may require wider driveways if needed to serve a maj or generator of traffic and/or large vehicles. b. Shared driveways, cross access driveways, interconnected parking, and private roads constructed to provide access to properties internal to a subdivision shall be recorded as an easement and shall constitute a (?Sl ) covenant running with the land. Operating and maintenance agreements for these facilities shall be recorded with the deed. 5. When two adjacent property owners agree to combine access points and have documentation of such,, and there will be no other driveway access to either property, the Planning Board may reduce the lot size and road frontage required for the development by ten percent for both land owners. In addition, the required number of parking spaces may also be reduced by ten percent for each development provide sufficient parking will exist. Site circulation and safety standards will still be enforced. 6. A property may not be subdivided in such a way as to not have enough frontage for a driveway unless provisions for a shared driveway, cross access driveway, or interconnected parking have been made and recorded as an easement that shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall be recorded with the deed. C. Driveway Spacing Standards for projects that include commercial or industrial components 1. Driveway spacing standards shall apply to driveways located on the same side of a road. 2. Driveway spacing is to be measured along the road from the closest edge of the driveway pavement to the closest edge of the pavement of the next driveway as measured at the intersection of the driveway and the road right-of-way line.. 3. Driveways shall be located so as to meet or exceed the driveway spacing standards shown in the following chart: Road Classification Peak Hour Trips at build-out 0-100 PHT 101-300 PHT >300 PHT Arterial 330 feet 440 feet 550 feet Collector 220 feet 330 feet 440 feet Other 60 percent of the minimum frontage requirement a. The number of Peak Hour Trips generated will be determined through the application of the most current Institute of Transportation Engineers (ITE) Trip Generation methods and statistics for use in the proj ect. b. PHT, Peak Hour Trips, should be based on full build-out of the property. (252) c. The larger of the minimum driveway spacing standards for the proposed development or for existing developments at abutting properties will apply. Driveways for in-fill development must meet the driveway spacing standards to abutting properties on both sides. 3. The Planning Board may waive the separation standards in the event the applicant can demonstrate that no negative impact on the transportation system will result in the relaxing of this standard and the applicant has provided for future consolidation of curbcuts and cross-easments consistent with the intent of these regulations. D. Other Guidance The Planning Board shall utilize the NYSDOT Policy and Standards for Entrances to State Highways (November 23, 2003) or its most current version as a guide in establishing other criteria for commercial development. § 179-19-020 Residential Lots Abutting Collector or Arterial Roads A. Purpose. The Town of Queensbury realizes that unrestricted access onto arterial and collector roads can hinder the safe and efficient movement of traffic. Subdivisions, especially small subdivisions, have tended to provide direct access onto these roadways from each single-family lot. Lots fronting on local roads rather than arterials or collector roads shall be encouraged, lots fronting on collector or arterial roads shall be discouraged. B All residential lots fronting on a collector or arterial road identified in § 179- 19-030 or any new collector or arterial roads shall have two times the lot width permitted. This requirement shall not apply where adjoining residential lots exist or are proposed to be established and the width of each lot meets the required width of the zone and ingress or egress is limited to and provided by a single common driveway centered on the common property line, which is documented on a plat and in a written legal document, which is recordable in the Warren County Clerk's office. § 179-19-030 Function Classification of roads The following streets, roads and routes have been designated as regional or local arterial roads or collector roads. Land fronting on these roads shall comply with the requirements of this section. A. Regional arterial roads: 1. Aviation Road from I-87 east to Route 9 2. Bay Road (253) 3. Corinth Road 4. Dix Avenue 5. Main Street 6. Quaker Road 7. Ridge Road from Quaker Road north to Route 149 8. Route 149 9. Route 9 B. Local arterial roads: 1. Aviation Road from West Mountain Road east to I-87. 2. Country Club Road 3. County Line Road 4. East Shore Drive. 5. Glenwood Avenue 6. Haviland Road 7. Hicks Road 8. Highland Avenue 9. Lower Warren Street 10. Mountain View Lane. 11. Potter Road 12. Ridge Road from Glens Falls north to Quaker Road 13. Ridge Road from Route 149 north to East Shore Drive. 14. River Street 15. Round Pond Road/Blind Rock Road 16. West Mountain Road C. Collector roads: 1. Cronin Road 2. Dixon Road 3. Glen Lake Road 4. Gurney Lane Road 5. Jenkinsville Road (254) 6. Luzerne Road 7. Martindale Road 8. Meadowbrook Road 9. Moon Hill Road 10. Park View Avenue 11. Peggy Ann Road 12. Pickle Hill Road 13. Pilot Knob Road 14. Pitcher Road 15. Richardson Street 16. Rockwell Road 17. Sherman Avenue 18. Sunny Side Road 19. Sunny Side Road East. 20. Sweet Road 21. Van Dusen Road (255) ARTICLE 20 General Exceptions § 179-20-010 Exemption for Certain Property to be Purchased by the Town or Owned by Certain Government Organizations A. Notwithstanding all other provisions of this chapter, all property constituting less than 100 acres for which the Town of Queensbury is under a valid, executed contract to purchase shall be exempt from all provisions of this chapter, including the subdivision regulations. Such exemption shall expire if said contract is terminated prior to closing of title. B. This exemption shall not apply to those transactions which result in the seller's remaining adjacent property being in violation of the relevant area and/or setback requirements of Article 4, Schedule of Regulations of this chapter. C. This section shall not apply to any land division which constitutes a Class A or B regional project under the Adirondack Park Agency Act or any action which requires a permit under the Freshwater Wetlands Act or the Wild, Scenic or Recreational Rivers System Act. In addition, all land uses and development which are related to the jurisdictional subdivision or which are independently Class A or B regional projects shall require a permit from the Adirondack Park Agency or the town, respectively. In every case, the shoreline restrictions of this chapter shall apply. D. Projects initiated by Federal government, State government, State urban development corporations and public schools may sometime be exempt from local zoning regulations. Government immunity from zoning regulations is subject to interpretation. Notice of development proposed by such entities is required so that the Zoning Administrator/Code Enforcement Officer can make a formal determination. (256) ARTICLE 21 Appendices Terms used in this Appendix are defined in Section 802 of the Executive Law and the regulations of the Adirondack Park Agency notwithstanding any inconsistent definition in this chapter. § 179-21-010 Appendix A: APA Class A Regional Projects This Appendix lists Class A Regional Projects for review by the Adirondack Park Agency under § 810, Subdivision 1, of the Executive Law. 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 Chapter A183, Subdivision of Land. 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, involving 100 or more residential units, whether designed for permanent, seasonal or transient use. 3. All structures in excess of 40 feet in height, except residential radio and television antennas, and agricultural use structures. To determine Agency jurisdiction, the height of a structure is measured as the vertical distance between the highest point of the structure to the lowest point of finished or natural grade. 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 25% or more of the original size of such existing use of 25% or more of the original square footage of such structure. B. Moderate-intensity use areas. 1. All land uses and development, except subdivision of land, located in the following critical environmental areas: a. Within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. b. Involving wetlands. c. At elevations of 2,500 feet or more. d. Within 1/8 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, 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 clearcutting as specified in Subsection B (8) below], agricultural uses, open space recreation uses, (257) public utility uses and accessory uses 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 75 or more residential units, whether designed for permanent, seasonal or transient use. 3. Commercial or agricultural service uses involving 10,000 or more square feet of floor space. 4. All structures in excess of 40 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 or more than 25 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 including telecommunications towers 15. Industrial uses including assembly operation or use. 16. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original 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 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. b. Involving wetlands. c. At elevations of 2,500 feet or more. d. Within 1/8 mile of tracts of forest preserve land now or hereafter classified as "wilderness," "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 Subsection C (8) below], agriculture uses, open space recreation uses, public utility uses and accessory uses 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 35 or more residential units, whether designed for permanent, seasonal or transient use. ( ��Ql 3. Commercial or agricultural service uses involving 5,000 or more square feet of floor space. 4. All structures in excess of 40 feet in height, except residential radio and television antennas, and agricultural use structures. To determine Agency jurisdiction, the height of a structure is measured as the vertical distance between the highest point of the structure to the lowest point of finished or natural grade. 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 25 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 25% or more of the original size of such existing use or 25% 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 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. b. Involving wetlands. c. At elevations of 2,500 feet or more. d. Within 1/8 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, except for an individual single-family dwelling and accessory uses or structures thereto. e. Within 150 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 150 feet of the edge of the right-of-way of county highways designated by rule or regulation of the Agency, adopted pursuant to Subdivision 14 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. (259) Provided, however, that the above shall not include forestry uses [other than clear-cutting as specified in Subsection D (9) below and sand and gravel pits associated with such uses located within 150 feet of the edge of the right-of- way of the above described travel corridors], agriculture uses (other than sand and gravel pits associated with such uses located within 150 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 preexisting use. 2. All land uses and development, except subdivisions of land, involving 20 or more residential units, whether designed for permanent, seasonal or transient use. 3. Commercial or agricultural service uses involving 2,500 or more square feet of floor space. 4. All structures in excess of 40 feet in height, except residential radio and television antennas, and agricultural use structures. To determine Agency jurisdiction, the height of a structure is measured as the vertical distance between the highest point of the structure to the lowest point of finished or natural grade. 5. Tourist attractions and amusement centers. 6. Ski centers. 7. Commercial seaplane bases. S. Commercial or private airports. 9. Timber harvesting that includes a proposed clearcutting of any single unit of land or more than 25 acres. 10. Sawmills, chipping mills,pallet mills and similar wood-using facilities. 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 including telecommunications towers. IS. Industrial use. 19. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure. E. Resource Management Areas. 1. All land uses and development, except subdivisions of land, located in the following critical environmental areas: a. Within 1/4 mile of rivers navigable by boat designated to be studied as wild, scenic or recreational in accordance with the Environmental Conservation Law during the period of such designation. b. Involving wetlands. c. At elevations of 2,500 feet or more. (260) d. Within 1/8 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, except for an individual single-family dwelling and accessory uses or structures thereto. e. Within 300 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 300 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 Subdivision 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 Subsection E (9) below and sand and gravel pits associated with such uses located within 300 feet of the edge of the right-of- way of the above described travel corridors], agriculture uses (other than sand and gravel pits associated with such uses located within 300 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 50 or more sites. 3. Group camps. 4. Ski centers and related tourist accommodations. 5. Agricultural service uses. 6. All structures in excess of 40 feet in height, except residential radio and television antennas, and agricultural use structures. To determine Agency jurisdiction, the height of a structure is measured as the vertical distance between the highest point of the structure to the lowest point of finished or natural grade. 7. Sawmills, chipping mills and pallet mills and similar wood-using facilities. 8. Commercial sand and gravel extractions. 9. Timber harvesting that includes a proposed clear-cutting of any single unit of land of more than 25 acres. 10. Mineral extractions. 11. Mineral extraction structures. 12. Watershed management and flood control projects. 13. Sewage treatment plants. 14. Major public utility uses including telecommunications towers. 15. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure. F. Industrial use areas. 1. Mineral extraction. 2. Mineral extraction structures. (261 ) 3. Commercial sand and gravel extractions. 4. Major public utility uses including telecommunications towers. 5. Sewage treatment plants. 6. Waste disposal area. 7. Junkyards. G. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure. H. Any amendment to the Class A Regional Project list in Section 810, Subdivision 1, of the Adirondack Park Agency Act subsequent to the adoption of this chapter 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. (262) § 179-21-020 Appendix B: APA Class B Regional Projects A. Moderate-intensity use areas. 1. Multiple-family dwellings including townhouses, duplexes, and two-family dwellings.. 2. Mobile home courts. 3. Public and semipublic buildings including a Place of Worship and School. 4. Municipal roads. 5. Commercial or agricultural service uses involving less than 10,000 square feet of floor space. 6. Tourist accommodations including bed and breakfast and motel.. 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 use lists of the APA Act. 15. An individual single-family dwelling within 1/8 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 1/4 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. 17. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% 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 semipublic buildings including a Place of Worship and School. 4. Municipal roads. 5. Commercial or agricultural service uses involving less than 5,000 square feet of floor space. 6. Tourist accommodations. 7. Marinas,boatyards, boat launching sites, and dockominiums. (263) 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. 15. An individual single-family dwelling within 1/8 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 1/4 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. 17. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure. C. Rural Use Areas. 1. Multiple-family dwellings, including townhouses, duplexes, and two-family dwellings.. 2. Mobile home courts. 3. Public and semipublic buildings including a Place of Worship and School. 4. Municipal roads. 5. Marinas,boatyard, boat launching sites, and dockominiums. 6. Golf courses. 7. Campgrounds. 8. Group camps. 9. Commercial sand and gravel extractions. 10. 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. 11. All land uses and development, except subdivisions of land, within 1/4 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. 12. Any land use or development not now or hereafter included in the applicable primary or secondary compatible lists of the APA Act. 13. Commercial and agricultural service uses involving less than 2,500 square feet. (264) 14. An individual single-family dwelling within 1/8 mile of tracts of forest preserve land or water described in Subsection D (1)(d) of § 179-113 or within 150 feet of a travel corridor described in such subsection. 15. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original 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 500 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 list of the APA Act. 7. Municipal roads. 8. Golf courses. 9. An individual single-family dwelling within 1/8 mile of tracts of forest preserve land of waters described in Subsection E (1)(d) of § 179-113 or within 300 feet of a travel corridor described in such subsection. 10. Campgrounds involving fewer than 50 sites. 11. All land uses and development, except subdivision of land, within 1/4 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 25% or more of the original size of such existing use or 25% 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 semipublic buildings including a Place of Worship and School. 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. (265) F. Any material increase or expansion of an existing land use or structure included on this list that is 25% or more of the original size of such existing use or 25% or more of the original square footage of such structure. G. Any amendment to the Class B Regional Project list in Section 810, Subdivision 2, of the Adirondack Park Agency Act subsequent to the adoption of this chapter shall be deemed to effect a corresponding change in this Appendix B without action by the town, except so far as that amendment affects the delineation of subdivisions which are Class B Regional Projects. § 179-21-030 Appendix C: APA Regional Project Review Criteria A. Soils. 1. Soils, general. a. Objective: prevent accelerated soil erosion and the potential for earth slippage. b. General guideline: respect existing natural features, such as slope, soil texture and structure; minimize removal of vegetation 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. 2. Agricultural soils. a. Objective: conserve viable agricultural soils. i. 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. B. Topography. 1. Objective: minimize topographic alterations. 2. 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 environmental damage and costly development problems could result therefrom. C. Surface waters. 1. Water quality and eutrophication. a. 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. b. 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 impounding; avoid introduction of nutrients from (266) the use of fertilizers and from sewage effluent; and avoid introduction of toxic materials to water bodies. 2. Surface drainage. a. Objective: retain existing surface water drainage and runoff patterns and existing flow characteristics. b. 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 stormwater runoff if development includes a significant area of impervious surface. 3. Floodplains. a. Objective: maintain the storage capacity of floodplains and their existing ability to convey water downstream; and avoid activities in floodplains which will result in dangers to life, safety and property if subjected to flooding. b. General guideline: avoid the placement of buildings intended for human habitation, commercial use and industrial use within floodplains; 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 floodplain regulations contained in Chapter 91 of this code. D. Groundwater. 1. Objective: preserve quality, infiltration rate and levels of groundwater. 2. General guideline: comply, at a minimum, with applicable governmental water pollutant discharge restrictions; particularly, avoid discharge of effluent potentially degrading to groundwater quality in proximity to major aquifers and aquifer recharge areas which could result from covering them with impervious surfaces. E. Shorelines. 1. Objective: maintain or enhance the existing physical, biological and aesthetic characteristics of the shoreline of all lakes, ponds, rivers and streams. 2. General guideline: comply, at a minimum, with applicable governmental shoreline restrictions; minimize construction or development 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; and maximize the preservation of stretches of shoreline in a natural, unchanged and undeveloped state. F. Mineral Resources. 1. Objective: conserve existing known mineral resources. (267 ) 2. General guideline: avoid activities which would preclude present or future use of important mineral resources that may be of economic significance to the region. G. Air quality. 1. Objective: maintain or enhance existing air quality. 2. General guideline: adhere to applicable governmental air quality standards; provide adequate air pollution abatement devices; and reduce dust levels caused by construction activities. H. Noise levels. 1. Objective: limit additions to noise levels. 2. 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. I. Wetlands. 1. Objective: preserve the hydrologic, wildlife, vegetation, aesthetic, educational, open space and recreational values of wetlands. 2. General guideline: avoid development in marshes, bogs, swamps and periodically inundated lands or on lands immediately adjacent thereto, if such development could result in environmental damage to the marsh, bog, swamp or periodically inundated land. J. Aquatic communities. 1. Objective: protect, generally, the existing natural aquatic plant and animal communities; and preserve rare and endangered aquatic plant and animal species. 2. General guideline: preserve key spawning areas, nursery grounds, food sources and food source areas; preserve habitats of rare and endangered 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. K. Terrestrial vegetation. 1. Vegetation, general. a. Objective: preserve or quickly restore terrestrial vegetation. b. General guideline: minimize clearing of vegetation in light of development objectives; avoid clearing vegetation where damage will result to remaining (268) vegetation from such factors as wind, erosion and frost; and protect remaining vegetation during the construction period. 2. Rare and endangered terrestrial plant species. a. Objective: preserve rare and endangered terrestrial plant species. b. 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 continuing propagation of these species. 3. Productive commercial forest land. a. Objective: conserve productive forest lands. i. General guideline: avoid impairment of productive forest lands for commercial forest production by employing sound forestry practices and by employing such planning techniques as clustering of development. L. Fragile ecosystems at higher elevations. 1. Objective: minimize disturbance of fragile ecosystems at higher elevations. 2. General guideline: avoid development at elevations of 2,500 feet or more. M. Terrestrial wildlife. 1. Terrestrial wildlife, general. a. Objective: maximize the preservation of terrestrial wildlife species. b. General guideline: preserve key wildlife habitats, such as deer wintering yards, nesting areas, productive feeding areas and important vegetation transition areas; and maintain wildlife diversity to the extent possible in view of project objectives by maintaining a diversity of habitat. 2. Rare and endangered terrestrial wildlife species. a. Objective: preserve rare and endangered terrestrial wildlife species. b. General guideline: 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. N. Aesthetics. 1. Aesthetics, general. a. Objective: preserve and enhance, where possible, impact of the project upon the existing aesthetic qualities of the project site and its environs. b. General guideline: utilize existing vegetation and topographical features; and employ careful siting methods so as to minimize the visual impact of all development activities. 2. Scenic vistas. a. Objective: maintain the scenic qualities of views from vistas designated in the Adirondack Park State Land Master Plan. b. 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. (269) 3. Travel corridors. a. Objective: preserve the scenic qualities of views from public roads and trails and from boat and canoe routes. b. General guideline: employ vegetative screening, existing topography and careful siting methods to minimize the visual impact of buildings and other development and land use alterations. O. Open Space. 1. Open space, general. a. Objective: maintain the open space character of the project site, adjacent land, and surrounding areas. b. General guideline: preserve vegetation screening and existing topography and employ clustering and careful siting methods, where appropriate, to minimize the impact of development activities and land use alterations on open space; and preserve undeveloped areas as large as possible in view of project objectives. 2. Outdoor recreation. a. Objective: maintain the quality and availability of land for outdoor open space recreational purposes. b. 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 interfere with those areas to be used as hiking, bicycling and crosscountry skiing trails as well as trail bike, jeep, all-terrain vehicle and horse trails, playgrounds, picnic areas, campgrounds, parks, beaches and similar uses. P. Adjoining and Nearby Land Uses. 1. Surrounding land uses, general. a. Objective: minimize incompatibility of new development with the character of adjoining and nearby land area. b. 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. 2. Adjacent state land. a. 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. b. General guideline: minimize development activities which would materially impair the wilderness attributes of these state lands; and design and construct development that is located within 1/8 mile of these state lands so as to minimize its visual and aural impact in these wilderness-like areas, (270) thereby ensuring the continued compatibility of state and private types of ownership. Q. Wild, Scenic and Recreational Study Rivers. 1. 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 system. 2. General guideline: maintain buffer zones and existing vegetation along designated study rivers; avoid intensive development within 1/4 mile of such rivers; minimize alterations to such rivers and their banks; and preserve the free- flowing character of such rivers. R. Historic Sites. 1. Objective: protect archaeological sites, historic sites and unique historical structures for their educational and cultural value to the area, region or state. 2. General guideline: preserve and restore archaeological sites, historic sites and unique historic structures to the extent warranted by their respective significance; and avoid land uses and development on adjoining and nearby lands which would be incompatible with the significance of such sites and structures. S. Special Interest Areas. 1. Objective: preserve special interest areas, such as unique natural features and their surrounding environs. 2. 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, and interest areas as assets to development. T. Government Considerations. 1. Service and finance. a. Objective: fully explore and assure the ability of government to provide governmental services and facilities made necessary by the project. b. 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 (271) maintain or improve existing services and alleviate any potential adverse impact upon the ability of the government to provide services and facilities. 2. Regulation. a. Objective: conform development activities to all applicable governmental rules and regulations. b. 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, the State Departments of Health and Environmental Conservation and the Adirondack Park Agency. U. Public Utilities and Community Resources. 1. Objective: assure the adequacy of such public utility services and community resources as shall be necessary for the project. 2. General guideline: avoid excessive demands on the capabilities of public utilities such as electricity and communication services; and avoid necessity for major uncompensated increases in community services and activities, such as recreational facilities, social, cultural and health services and transportation facilities. V. The principal development activities associated with a project to be considered in connection with the determination required by §§ 179-37 through 179-39 and referred to in § 179-41 hereof, together with representative means for avoiding undue adverse impact, include the following: 1. Street and roads. a. Objective: design and construct roads and streets to provide safe and convenient access without causing undue adverse impacts on natural and public resources. b. 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. a. Objective: design, site and construct buildings to best serve their intended functions and to minimize impact on existing natural and public resources. b. 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. a. Objective: select, design and locate sewage disposal systems to provide adequate treatment of effluent and to avoid contamination of surface or ground water. (272) b. 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; and employ proven design criteria for sewage disposal systems in proper working order. 4. Storm drainage. a. Objective: design, locate and construct storm drainage systems so as to maintain existing drainage patterns in a natural state and to minimize adverse hydrologic effects. b. General guideline: provide adequate drainage for building sites and roads; avoid altering drainage patterns to the extent possible; utilize natural drainageways for handling stormwater runoff; 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 impervious surfaces. 5. Water supply. a. 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 subsurface drainage. b. 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. a. 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. b. 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. a. Objective: avoid all use of pesticides, herbicides and other biocides potentially detrimental to natural systems. b. General guideline: strictly adhere to applicable regulations regarding type, quality and techniques of application of pesticides, herbicides and other biocides; and prevent direct application pesticides, herbicides and other biocides to surface waters or wetlands or in a manner which may cause contamination thereto. 8. Shoreline development. a. Objective: design and construct development along shorelines so as to maintain existing aesthetic and ecological characteristics thereof and to avoid all significant impairment of these qualities. (273) b. General guideline: adhere, at a minimum, to the shoreline restrictions of Adirondack Park Agency Act and the provision of the Environmental Conservation Law and all local laws; maximize preservation of undeveloped shoreline vegetation; minimize construction of docks and boathouses on shorelines; and minimize aesthetic alterations to shorelines as viewed from water bodies and surrounding areas. 9. Noise. a. Objective: minimize noise, insofar as practicable. b. General guideline: employ such measures as appropriate site selection, appropriate construction methods and maintenance of natural cover for a buffering effect; and adhere, at a minimum, to applicable governmental noise level standards. 10. Signs. a. Objective: avoid signage that detracts from aesthetic and scenic qualities. b. 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; and avoid use of signs of excessive size, signs that are insufficiently set back from natural and man-made travel corridors and signs containing moving parts or flashing lights. 11. Utilities. a. Objective: locate, design, construct and maintain utilities so as to efficiently accomplish project objectives and preserve natural and public resources. b. 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 surrounding 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 ecosystems. (274) Table of Area Requirements Minimum Lot Minimum Minimum Setbacks Minimum Maximum Floor Area District Symbol Size Density a er ea or erc an ise Percent u din Hei tit R. Notes Lot Width(1) Road Frontage Depth Frontage Clusterin Front Side Rear Shoreline Display"' Permeable Proposed Ratio(FAR) acres per dwelling unitor LC42A non-residential principle 500 400 — 400 210 acres 100 100 100 200 95 35 Land Conservation 10 acres per we ing unit or LC-10A non-residential principle Soo 400 — 400 50 acres 100 100 100 200 95 35 42 acres per we ing unit or Parkland Recreation PR-42A non-residential principle 800 400 800 800 210 acres 100 100 100 150 90 35 RR-5A 5 acreser dwelling unit or non q00 400 — 200 25 acres 100 75 100 75 75 40/35"' n a I 'din Rural Residential acres per we mg um or RR3A non-residential principle 400 400 — 200 15 acres 100 75 100 75 75 40135 b to no Waterfront 2 Acres per dwelling unit or 25,2u 15, 12,varies Residential WR non-residential principle 150 150 — 150 4 Acres 30 with lowidth 30 5017511 1 75 281ei 0.22 building 'in Moderate Density acres per we ing unitor Residential MDR non-residential principle 100 100 — 100 2 acres 30 25 30 150 50 40 ui Neighborhood NR0.5acre sq. .per 50 So 75 20 10/011, 15 50 35 40 Residential1<i ecrea ion sq. per principal Commercial RC m 75 75 200 30 20 20 75 30 35 1'1 Commercia HC-Mod 1 acre 150 50 200 150 NA 75 20 min; 25 75 25 30 40 0.3 � Moderal Commercia sum 50 HC-Inl 1 acre 150 50 200 150 NA 75 20 min' 25 75 25 30 40 0.3 N Intensive sum 50 on-rear q a. acres �/ per 7,000 sq f of floor area 15%landscaped Office O Residential 1 acre 250 75 80 75 25 25 50 35 40 Maximum building footprint per 8 is 75,000 sq.ft. Neighborhood 1 acre per principle use or Commercial NC structure 50 50 100 75 40 20 15 75 30 30 15,000 square feet land area per principal use -h a 5%landscaped Main Street MS minimum lot srze of 15.000 50 50 75 Bmld-lo 0-20 10 50 10 50 Maximum buildohg footprint square feet per 2,000 square line 20,000 sq.ft. feet of floor area Commercial Light CLI 1 acres per principle use or 200 100 200 200 50 30 30 75 30 60 40,000 sq.ft.fora bur ding nduslna structure size ca to retar rise on Light Fire Veteran's Fie d ht ndu LI-VF 1 acre 200 200 NA 50 20 20 75 30 35 0 3 Heavy Industry HI 3 acres minimum per 300 300 400 200 NA 100 50 50 200 30 60 dnci a use or shucture Eric osed Shopping Center ESC-25A 1/0.5111 500 75 200 NA 40 30 30 150 20 40 15%minimum landscaped Notes. 1)Minimum lot vndtlhs require compliance witli access management requirements for shared driveways or double lot width. 2)35 ft,building height applies within the Adirondack Park 3)Two(2)acres per residential unit if not connected to public sewer and venter systems,One(1)acre per residential unit if connected to public water and sewer systems 4)0.5 acres per residential unit d not connected to public sewer and water systems;10,000 square feet per residential unit if connected to public sewer and water systems 5)10 feel if buildings not connected or 0 feet for row housing which is encouraged 6)1 acre per principal use with a minum of 0.5 acres per 4000 square feet of floor area 7)W1th a minimum of 15,000 sq.ft per 2,000 sq.R of floor area 8)Setback from the edge of pavement 9)Accessory structure shall have a maximum height of 16 feet. 10)75 foot setback applies to lands in the Rural Use classification in the Adirondack Park.See zoning map. 11)See Section 179-3-040(A)(5)(b) Adopted April 20,2009 Town of Queensbury, Table 2: Summary of Allowed Uses in Commercial Districts COMMERCIAL USE TABLE Enclosed Commerelet- Commerclal- Main Street Neighborhood Recreation Shopping Intensive Moderate Office Commercial Commercial Center ESC HCJnt HC-Mod c 300 feet >300 feet MS NC from arterial hum arterial RC A ncultural Use SPR Amusement Center SUP SPR A artmenl HouselCondos SPR PU A anment HouselCondos above first floor SPR PU Auto ae Sh SPR Automotive BotlylRep$ales andop Seance SPR SPR Automobile service SPR SPR SPR Bank SPR SPR SPR SPR Business Service SPR SPR SPR SPR SPR SPR Cam round SPR Car Wash SPR Cemete SPR Commerclal Boat Sales/ServicelStora a SPR Convenience Store SPR SPR SPR SPR SPR SPR Convenhon Center SPR SPR SPR SPR SPR Dr Care Center SPR SPR SPRFAU SPR SPR Dave In Theater SPR Enclosed Sho n Center SUP Fast Food Establishment SPR Food Service SPR SPR AU SPR SUP SPR Funeral Home SPR SPR GalleSPR SPR SPR SPR SPR lf Course SPR SPR 1GolfOnvin Ran a SUP SUP Health Related Faality SPR SPR SPR SPR Hotel SPR SPR I SPR Kennel SUP Libra SPR SPR Limousine S.,-e SPR L=Theater SPR SPR Mineral Ertrachon SUP Montle Home Sales SPR Motel SPR SPR SPR SPR N M,,lh4am,ly houselcondes SPR PU Munia al Center SPR SPR Movie Theater SPR SPR Museum 1ALI R SPR SPR W Mclub SPR SUP SUP Nurser SPR SPR Office.Lar a SPR SPR SUP R SPR SUP Otte Small SPR SPR SPR R SPR SPR SPR Outdoor Concert E—M SUP Pmntball Faab SUP Parkin Lat SPR SPR Personal Se _ SPR SPR SPR AU SPR Parkin Structure SUP SUP R SPRPersonal Service Business SPR SPR R SPR SPR Plaf Wrsht SPR SPR SPR SPR SPR ldSPR SPR Public/Semi Public Assembl SPR SPR R SPR SPR Public or Semi-Pubhc BuAdin s r SPR SPR R SPR SPR SPR Professional Office SPR SPR SPR SPR SPR SPR Produce Stand PU PU PU Recreabon Center SPR SPR Retail SPR SPR SPR AU AU SPR School SPR SPR SPR SPR SPR SPR Seasonal Produce Business SPR SPR SPR SPR Sell Storage Faab SUP Sho in MalllPliva SPR SPR SPR Sin a Famtl Dw<Ihn SPR Ski Center SPR TV or Radio Stabon SPR SPR VO-na Clinic SPR SPR Ke PU=Permined Use SPR=Sde Plan Review Use SUP=Spenal Use Pe—t ReRueed Blank=Not Pei mined (1)Chapter 160(Transtent Merchants)cl Queensbury Town Code is also applicable. f2 Lar eOlbces are rehtblied In the fume Lnne 011me dnlncr. �mi�mnm rwv Town of Queensbury Table 3: Summary of Allowed Uses in Industrial Districts Veteran's Commercial Heavy Field Light Light Industrial INDUSTRIAL USE TABLE Industrial(3) Industrial VF-LI Industrial/Related Uses Adult Use Establishment SUP Automobile Service SPR Agricultural Service Use SPR Asphalt Plant SPR Assembly Operation/Use PU 3 Building Supply/Lumberyard SPR Business Service SPR Bus Storage Facility SPR Cement Manufacturing SPR Chemical Plant SPR Commercial Mineral Extraction SUP Construction Company SPR Distribution Center Electric Power Plant SPR Food Service SPR 2 SPR Fuel Sup ly Depot SPR Heavy Equipment Storage/Sales/Services SPR Heavy Ind stry SPR Junkyard SUP Light Manufacturing SPR SPR Logging Company SPR Mobile Home 1 PU(I) Office PIJ3 SPR Office,Small Office,Large SPR Parking Structure SPR SPR Passenger Limousine Service Place of Worship Produce Stand PU PU Public or Semi-Public Building Railroad Service or Repair Facility SPR Recycling Center SUP SPR Research&Development Facility PU(3) SPR Retail SPR 4 Reposession Business SPR Sand&Gravel Extraction SPR SPR Sand&Gravel Processing SPR Sawmill,Chipplinq and Pallet mill SUP SPR School Self Storage Facility SPR Telecommunications Tower SPR SPR Truck Depot SPR SPR TV or Radio Station SPR SPR Veterinary Clinic SPR Warehouse SPR SPR Wholesale Business SPR Key PU=Permitted Use SPR=Site Plan Review Use SUP=Special Use Permit Blank=Not Permitted 1 Allowed only within those portions of the district failing within the Mobile Home Overlay District. See zoning map. Additional regulations apply. 2 Drive-thru windows are not allowed 3 See the Findings Statement for the Veteran's Field Industrial Park Environmental Impact State ent for provisions relatingto this district. (4)In addition,commercial uses such as retail and services are allowed with certain restrictions as to size and location. Adopted April 20,2009 (277) Town of Queensbury Summary of Allowed Uses in Existin Pro osed Residential Districts Land Conservation Parkland/Recreation Rural Residential Moderate Density Residential Neighborhood Residential Waterfront Residential PR42 MDR NR WR LC-42A RR-5A&RR-3 LC-10A Agricultural Use(3) SPR SPR SPR SPR Agricultural service/retail SPR SPR Bed&Breakfast SPR SPR SPR SPR SPR Boathouse SPR Boat Storage Facility SUP SUP Campground SUP Cemetery SPR SPR SPR SPR Commercial Boat Sales/Service/Storage SUP Condominium Development or Unit PU SPR Day Care Center Duplex PU PU PU Firing Range SUP Food Service SUP Golf Course and/or Country Club SUP Golf Driving Range SUP Group Camp SPR SPR Home Occupation PU AU AU AU AU Kennel SUP SUP Library SPR SPR SPR Class A Marina SUP Mobile Home(1) PU(1) PU(1) Motel SUP Multi-family dwelling PU SPR Nursery SPR SUP SUP Outdoor Recreation SPR SPR SPR SPR Personal Service SUP 00 Place of Worship SPR SPR SPR SPR SPR SPR Playground SPR SPR SPR SPR N Private School SPR SPR SPR Produce Stand<100 sq.ft. PU PU PU PU PU PU Produce Stand>100 sq,ft. SPR SPR SPR SPR SPR SPR Public or Semi-Public Building SPR SPR SPR SPR SPR SPR Riding Academy SPR SPR SPR Sawmill,Chipping or Pallet Mill SUP SUP Townhouse SPR Single Fainily Dwelling PU/SPR"' PU PU PU PU PU Sportmen's Club/Firing Range SUP Veterinary Clinic SPR SUP SPR Key PU=Permissible Use SPR=Site Plan Review Use SUP=Special Use Permit Required AU=Accessory Use or Structure Blank-Not permitted (1) Allowed within Mobile Home Overlay District. Additional regulations apply.(2)Site Plan Review required within the Adirondack Park q�e nen m zoos Section 3. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. As stated in Section 2, this Local Law is specifically intended to supersede the provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date — This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. (279) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed heret desi�natied as local law No. -_-------__3--------------------- of 20�9-- o he � y (T )( Quee s_ ury f� rr � own of-------- ----- - - - - ------------------------------------- was duly passed by the I'ow'n- --- $o a --------------- on--—�2—------- 20-_0-in accordance with the applicable provisions of law. --------------------------------- (Name of Legislative Body) 2. (passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ of the(CountyXCity)("Town)(vllage)of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 ---,and was(approvedXnot approved)(repassed after. (Name of Legislative Body) disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------ of the(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the - ------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(generalXspecial)(annual)-election held on------------------ 24--- ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting. referendum.) I hereby certify that the local law annexed hereto,designated as local law No. -------------------- ------------ of 20------ ofthe(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approvedXrepassed after (Name of Legislative Body) disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to (Elective Chief Executive Offer*) permissive referendum and no valid petition requesting sucli referendum-was filed as of------------------ 24--- ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (280) 5. (City local law concerning Charter revision proposed by petition.) S I hereby certify that the local law annexed hereto,designated as local law No. -----=----------------------------- of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions.of section (36x37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on-------------------20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No- ---------------------------------- of 20------ of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November---------------------- 20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript thelrom and of the whole of such original local law,and was#nally adopted in the manner in- dicated in paragraph-------------above. i Clerk of the Cowry legislative body,City,Town or Village eliAr or officer designated by local legislative body (Seal) Date: 4-27-2009 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORY9 a r r e n COUNTY OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local lawir here - sipatm Michael 3. 1 Town Counsel Title 1a0� X of Queensbury Town Viilife Date: S-61-2009 ( 281 ) ---� NOTICE OF REPEAL AND REPLACEMENT OF QUEENSBURY ZONING LAW NOTICE IS HEREBY'GIVEN that the Town Board of.the.Town of Queensbury,Warren-County,New York,at a regular meeting held on April 20,2009,adopted.a Resolution repealing the current Town of Queensbury Zoningg Law (Chapter779 of.the Town Code) and adopting a new.Zoning Law based on the Comprehensive Plan adopted-by the Town;Board.on r AugWARREN COUNTY AFFIDAVIT Law$h 6 2007litced in,Cha onfng Law shah be placed in.Chapter 179 of the'Town Code:Some of the chances and;revisions in the new Zoning Law-include the. following: (a)reductiornof'the number of zoning districts,_(b) renaming of several-zoning. districts;(c)combination of shoreline zoning:districts WR-1A and WR-U,,(d)rezoning of several small areas to the-Ne'igflborhood Commercial zoning distriot,(e) STATE OF NEW YORK: addition of new definitions for the followingg terms:-Alter;'Animal Show;'Wthletic Court/Facility Automobile Service;Boat Storage County of Warren, ss: Facility;Business'Service;- Certificate of Compliance;Chapter; Code'Enforeement Officer; Common Areas;Comprehensive Plan;Conference;Ent nt;r Expo;Fence-Privacy;Firing Range-,Flag Lot;-'Food'Service Establishment;Lake George Critical;Environmental Area;Lot of `�d a being duly sworn, Recora Museum;Office Natural Large;,,tu Grade; NightSmall;Order-to Remedy;Ordinary High Water Mark;.0utdoor says that (s)he is an authorized designee for Lee Enterprises, publishers of THE POST-STA Recreation;Structure; all Facility; Parking Struccture;Photosimulation Figures;Playground;Public Notice; Reconstruction;Recreation,Active; Recreation;Passive;Renovate;_,- a daily newspaper published in Glens Falls, Warren County, State of New York, and Repair;Retaining-Wait;Road Frontage;,Seasonaf,Use, Residential,*Seawall;Site Plan Review;Special.Use Permit,Stop that the printed notice attached hereto was cut from the said POST-STAR, and Work Order;Theater"'Live* Theater,Movie;Theater;.dutdoor; Tradeshow;Truck Depot;'Water- " Sources;Zoning Distrrct;.Zoning that the said notice was published therein, namely r G[.c c�� Map;and Zoning Permit,(f) rewsron,updating and clarification C� of several existing definitions,(g) n i , 20 change from the use of�minimum (� lot size to regulate the overall intensity guidelines to a method based on density,(h)addition of., �] four uses in the LC-42A,district Signed this day of ` r 2057 (places of worship;public or semi-public building,kennel and r .veterinary clinic)which are� - allowable by site plan review or special use,permit,(i)addition of Desiggn.Stadards for Commercial and rndustrialydistricts and some Residential districts 0)revision of landscaping,and buffering standards to include shoreline provisions and;lo prevent .- clear-cutting and grading OHMS . except with an appproved site plari, plangreater ap fficdy.n site plan review ap licatron . . requirements,ro.additional specific standards for special usepermits Sworn to before me this affecting,mdtels;restaurants Lin th( Waterfront rResidential zone, nurseries,paintball facilities, sawmills,firing ranges,veterinary dayof clinics and outdoor concert eventE (m)greater specificity for non-conformingg lots,in)revisions to.procedures:Soc(1]appealssand, variances,�'QL amendments,[Ili] administration-and[iv]enforcemen The new Zoning Law will become effective after filing with-the New York.Department of State:.and 10 days after publication of this Notice,as provided by law.. Dated: May 2,2009 NOIA;,Y'f- '' Darleen Dougher. , UBLIC,STATL JF NEvv rORK Queensbury Town Clerk ID No.01C06133976 Pub:May 2,2009 QUALIFIED IN SARATOGA COUNTY MY COMMISSION EXPIRES 09/19/2009 NOTICE OF REPEAL AND REPLACEMENT OF QUEENSBURY ZONING LAW NOTICE IS HEREBY GIVEN that theTown Board of the Town of Queensbury,Wa6ren.County,New York,at a regular-meeting held.on April 20,2009,adopted.a Resolution repeating,the:current Town of Queensbury Zoning Law (Chapter'179 of the Town Code and adopting a new.Zoning Law- based on the Comprehensive Plan adopted by the Town:Board on,, WARREN COUNTY AFFIDAVIT August 6 be pl The .Chaptew ing Law shall-be placed in.Chapter 179 of the'Town'Code..Some of the changes and revisions in the. new Zoning Law include3he- following: ja)reduction-'of the number of zoning districts,(b) renaming of severa(,zoning districts,;(c)combination of shoreline zoning districts�.WR IA` and WR-3A,,(d)rezoning of several small areas to the:Neigf�borhood Commercial-zoningg district,(a) STATE OF NEW PORK: addition of-new do initlons for the_ following terms:Alter;°Animal Show;:Athletic Court/Facility Automobile Service;Boat Storage Facility;:Business.Service" County of Warren, ss: Certificate of Compliance;Chapter; Code Enforcement Officer; Common Areas;:Comprehensive-. .- Plan; a ' - r ,.u' Expo;Fence;Privacy;-Flring- , - Ran ge;Fiag.Lot;Food Service Establishment;Lake George Critical;Environmental Area;,Lot of being dui SWOrrI, Record;`Museum;Natural Grade; g y Night Club;Office,Large;,Office,. Small;Orderto Remedy;Ordinary High WAter",Mark;.OUtdoor, sa s that she is an authorized desi ee for Lee Ent rises, ublishers of THE POST-STA Recreation;Pture;' 11 Facility; y � � designee Enterprises, 17 Parking Structure;'Photosimulation Figures;Playground;Public Notice; Reconstruction;Recreation,Active; Recreation;Passive;Renovate;,. a daily newspaper published in Glens Falls, Warren County, State of New York, and Repair;Re[aining Wall;Road Frontage;Seasonal Use,' Residential;.Seawall"Site-Plan ' Review,'Speciaf Use Permit,`Stop that the printed notice attached hereto was cut from the said POST-STAR, and Work Order;Theater;Live- Theater,Movie;Theater,dutdoor; Tradeshow;Truck_Depot,Water. Sources;Zoning District;Zoning that the said notice was published therein,namely r Gu c Map;,and Zoning Permit,(fPi. revision,updating and.cfan cation of several existing definitions;(g). change fromthe-use of viimum_ [..�� lot size to regulate-the-overrall _;` 20 intensity guidelines to a method`-' Inased on density,(h)-addition of, �j four uses in the LC- 2A,district =.. Signed this dial Of ®� 2Q v (places of worship;public or $n y semi-public building,kennel and veterinary clinic)whlch are, allowable by site plan review or special use permit,(i)addition of (; (` Design.Standards for Commercis C�`� and Indushial;districts and some Residential districts((��)revision of landscaping.and.buffering standards to include.shoreline provisions andxto prevent~ clear-cutting and gradingg of-lots except with an appproved site.pla (k)greater,specifiolty.for site plan review ap iication requirements,�Iyadditional spec standards for special use permit Sworn to before me this affedting*mdtels,restaurants lnl Waterfront Residential zone, nurseries,paintball facilities, sawmills,firing ranges,veterin& day of 20 clinics and outdoor concert ever (m)greater specificity for non-conformingg lots,(n)revisior to procedurgs to[i]appeals an vanances,Ili]amendments,[iil] administration and[iv]enforcemi The new Zoning Law will becor effective after filing with'the No, York•Department 0,State,and 10 days after publication of thi: Notice,as provided by law.. t..;J C,( Dated: May 2,2009 NO)At,r'F UBLIC Darleen Dou9her. STATL JF NEw r Queensbury Town Clerk ID No.OICO6133976 OR1� Pub:May 2,2009 QUALIFIED IN SARATOGA COUNTY MY COMMISSION EXPIRES 0 911 9/2 0 0 9 NOTICE OF REPEAL AND REPLACEMENT ,OF QUEENSBURY ZONING LAW NOTICE IS HEREBY GIVEN that the Town Board of the Town of. Queensbury,Waven-County,New York,at a regular meeting held on April 20,2009,adopted,a Resolution repealing the_current" Town of Queensbury Zoning Law (Chapter 179 of.the Town Code) and adopting a'new.Zoning Law based on the Comprehensive Plan adopted by the Town-Board on WARREN COUNTY AFFIDAVIT August ll 2007. The new Zoning !79 shall be wn'Co e.,So Ater 179 of the Town'Code.Some of-- the changes and revisions in the new Zoning Law include-the following: �a)reduction of the number of zoning districts,(b) renaming of several;zonin d is t r ic t s , -(c)combination o shoreline zoning districts WR-IA and WR-3A,'(d)rezoning of several small areas to theNeighborhood Commercial-zoningg district,(e) STATE OF NEW YORK: addition of new definitions for the followingg,terms:Alter;-Animal Show;Athletic Court/Facility,- Automobile Service.;Boat Storage County of Warren, ss: Facility; aBusiness:-Service;, of C Compliance'; p Certificate of Com !lance;Chapter; Code Enforcement Officer; Common Areas;Comprehensive' Plan;Conference;Enlargement;, Expa;Fence-Privacy;Finng Ran gge;FI%Lot[2ood Service Establishment;Lake George' Critical,Environmental Area;°Lot of being duly sworn, NightrElu ;Oi Museum-,Larugei.Offce, Small;"Orderto.Remedy;Ordinary High Water.Mark;:Outdoor s that she is an authorized designee for Lee Enterprises, publishers of THE POST-STA Recreation;Pafntbali Facility, says y � � $n � P Parking Structure;'Photosimufation Figures;Playground;Public Notice; Reconstruction;Recreation,Active; Recreation,:Passive;Renovate;.. a daily newspaper published in Glens Falls, Warren County, State of New York, and Repair;Retaining Wall;Road Frontage;Seasonal Use, Residential;.Seawati;'Slte'Plan Review;*Special Use Permit,Stop that the printed notice attached hereto was cut from the said POST-STAR, and. work order;Theater,Live- - Theater,Movie;Theater,6utdoor; Tradeshow;Truck.Depot;'Water Sources;Zoning Distnct;Iqn Ing that the said notice was published therein namely r � � Map;,and Zoning Permit (Q( revision,updating and c ,riiication of several existing dehritions,(g). change h minimum 20 (�� lot size too regulate thy£overall .. gtintensity guidelines to a method sed on density,(h)addition of. 20 C four uses in'the LC-42A.district Sid this da Of p (places of worship;public or gn y semi-public buildin ,kennel and veterinary clinic)wgich Are allowable by site plan review or c- special use permit, (i)addition of Design Standards for Commercic \ \ 4n 1 and rndustrial.districts and some Residential districts O(� revision o' landscaping-and buffering standards to include shoreline provisions andlo prevent clear-cutting:and grading of lots except with an appproved site pla (k)greater.specrficity for site ( /� plan review , hadditi /y"�!) i requirements,�t).additionaLspec standards for special use permit Sworn to before me this affecting"mdtels;:restaurants in t Waterfront Residential zone, nurseries,paintbail facilities, day of sawmills,fling ranges, te ever clinics and outdoor concert ever (m)greater specificity for non-conformin lots,(n)revisior to procedures?Iqr[1)appeals,arn variances,fill amendments,fill) administration and[iv]enforcemi The new.Zoning Law will.becon effective after filing with'the Ne, York Department of.State;and 10.days after publication of this Notice,as provided by law.. a . J.C, Dated: May 2,2009 NU,A,,{f` Darleen Dougher UBUC,STATE JF NEw Queensbury Town Clerk ORi( ID No.01C06133976 Pub:May 2,2009 QUALIFIED IN SARATOGq COUNTY MY COMMISSION EXPIRES 0 9/1 912009 NOTICE OF REPEAL AND REPLACEMENT ' OF OUEENSBURY ZONING LAW NOTICE IS HEREBY GIVEN that the Town Board of.the Town of Queensbury,Watren..County,New York,at a regular-meeting held:on April 20,2009,adopted a Resolution repealing thercurrent Town of Queensbury Zoning Law (Chapter 179 of the Town Code) and adopting anew Zoning Law based on the Comprehensive Plan adopted by the Town Board on . WARREN COUNTY AFFIDAVIT August shall be placed The .Chapt ing Law shall be;placed in_Chapter 179 of the Town Code.Some of-- the changes and.revisions in the new Zoning Law include the following: (a)reduction of the number of-zoning districts,(b) renaming of severa[.zoning districts,(c)combination ofT shoreline zoning districts WR-1A and WR-3A,'(d)rezoning of several small areas'to the.Neigflborhood. Commercial.zoningg district,(a) STATE OF NEW YORK: addition of new Alter-Animal for the following terms:Alter'Animal , Show;, thletic CouWFacility Automobile Service;-Boat Storage Facility;.Business.,Service; County of Warren, ss: Certificate of Compliance;Chapter; Code Enforcement Officer; Common Areas;Comprehensive Plan;Conference;Enlargement;. Expo'.Fence-Privacy;FiringRangge;Fiag.Lot;°Food Service ? Establishment Lake George Critical,Environmental Area;Lot of being duly sworn, Night Club;Office,Larua(Offiiice Small;`Order3o Remedy;Ordinary High Water Mark;Outdoor says that she is an authorized designee for Lee Enterprises publishers of THE POST-STA RecreagtiStr Structure; 11 Facility; }r � � gCl , Parkin Structure;Photosimulation Figures;Playground;Public Notice; Reconstruction;Recreation,Active; Recreatioh,'Passive':Renovate;,. a daily newspaper published in Glens Falls, Warren County, State of New York, and Repair;Retaining Wall;'Road Frontage;Seasonal-Use, Residential;.Seawall;Site Plan Review,'Special Use Permit,'Stop that the printed notice attached hereto was cut from the said POST-STAR, and TWeata), eoveh Thei Ater Live* ebutdoor; Tradeshow;Truck=Depot;Water Sources;Zoning District;'.Zoning that the said notice was published therein, namely Map;•and Zoning Permit,(fl revision,updating and clad ication of several existing definitions,(g). change fromthe use of•minimum lot size to regulate the overall - �'�` 20 intensity guidelines to a,Method' based on density,(h))addition of.: / 7 four uses in the LClArdistrict . .S'1 ed thi3 day Of 2Q (�/ (places of worship;public or ' gn y semi-public building,kennel and. 16/ veterinary clinic)which are allowable by site,plan review or special use permit,(i)addition of 7 Design.Standards for Commercial and CndustriaLdistricts and some Residential districts(j)`revision of, landscaping-and buttering standards to include shoreline provisions and4o prevent clear-cutting-and grading of lots except with an approved site plan, (k)greater.spec cdy.for site ! ; plan review haatwn i requirements,, I)_addihonalspecific standards for special use permits Sworn to before me this affecting`mdtels;zmtaurants in the Waterfront Residential zone, nurseries,paintball facilities, sawmills,firing ranges,veterinary y o day f I clinics and ou{door concert events, _ (m)greater specificity for non-conforming lots,(n)revisions to procedures tor,[i]appeals-and' variances;jii]-amendments,[iii]' administration and[iv]enforcement. The new Zoning,Law will become. effective after filing with`the New, York Department of State,and , 10 days after publication of this . Notice;as provided by law.. Dated: May 2,2009 f J.GCii. Darleen Dougher. NO.Ar,, PUBLIC } QueensburyTownClerk STAT1. ,URIC ,May 2,2009 ID No.01COg133976 QUALIFIED IN SARATOGA COUNTY MY COMMISSION EXPIRES 09/19/2009 QE`. • M Postage $ Certified Fee M Return Receipt Fee Postmark C3 (Endorsement Required) Here O Restricted Delivery Fee C3 (Endorsement Required) m M Total Postage&Fees m CO Zeet, T --------- --- p Apt.Na or Pp Box Gity,State,ZIP+4 i 2006PS Form 3800,Augu,-' See Revetse for Instructions rU rij dl rU Postage S Certified Fee r9 t3 Return Receipt Fee 0 (Endorsement Required) Restricted DeIivery,Fee � (Endorsement Required) ill �::FHer!1J Total Postage&Fees rU Q. nt Ta [, 3`t�eet,Apt � �� (�. or PO -.`17'4thdR ---- wr City.State,ZIP+4 nLA :.M .�. SENDER: . • ■ Complete items 1,2,and 3.Also complete Al. gnature item 4 if Restricted Delivery is desired. p ■ Print your name and address on the reverse X J 0 l 2 O 1 U ❑Adata.._ so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1 1. Article Addressed to: If YES,enter delivery address below: ❑No ` 3. Service Type Y-) -0 Certified Mail ❑Express Mail �a (I ❑Registered ❑Return Receipt for Merchandise 3 s1 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(E&ra Fee) ❑Yes 2. Article Number (rransfer from service 7009 2250 0001 4244 8262 m 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 e �UV U. G OItIvo X lk\ yva o � • fete 6 p`� �aaa��eC! � s�cdcc`c Je�ya `5a�` lop • 2, d'3 e° "N p `tom 01-P NO AeP NI • �e�®was`Jazraac�° y. Q® \ OOR op. 0�`cp O fee) A2 Vo 95 ♦ �st�ti'�°,��syraxd��SQa � 3,y w�e��ta� �� ,°2� ♦Qyoirar�� fi td• G � �� e6 Q ♦ pt°`G\0 Paate VeNGO e6% Fgo GENERAL 72 Ninchey Road MICE q Rochester, NY 14624 p:800/836-8834 fax.:585/328-8189 { email:sales@generalcode.com 05/04/2009 -4254738 - Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): LL No. 3-2009 € Town of Queensbury CIO Clerk's Office 742 Bay Road Queensbury, NY 12804 2 "£" ifl3lti£17� iIiII1!lIIi£till 1111£!£d li£££lI11IIIIIIII A.&I i! {