Draft Zoning Proposals Draft
First Presentation February 7th at 7:00 pm in Town Hall
Saratoga
Zoning Regulations Table Of
Contents
Application Process
Article 1 Introduction
1.1 Basis
1.2 Values
1.3 Purpose
1.4 Authority
1.5 Disclaimers
1.6 Principal Responsibilities of
The Planning Board
1.7 Applicant Recourse
1.8 Citizen Participation
Article
2 Zoning Districts
2.1 List and Abbreviations
2.2
Zoning Map
2.3
Interpretation of Boundaries
Article 3 Zoning District Uses and
Regulations
3.1 District Land use Options and Regulations
3.2 Rural District
3.3 Rural Residential District
3.4 Rural 2 District
3.5 Village Extension District
3.6 Hamlet District
3.7
Conservancy District
3.8 Lake Commercial District
3.9 Lake Residential District
3.10 Industrial District
Article 4 General Regulations
4..1 Requirements, Constraints and Exceptions
4.1.1 Preexisting conditions or approval (prior to 1981)
4.1.2 Non conforming
structures and land uses
4.1.3 Alteration of Buildings, Lots and Facilities
4.1.4 Sanitary Sewage and Drinking Water Installation and Modification
4.1.5 Unsafe Buildings-Abandoned or Under Restoration
4.1.6 Accessory Buildings (out buildings)
4.1.7 External Storage
4.1.8 Swimming Pools
4.1.9 Off Street Parking and Unloading Zones
4.1.10 Signs
4.1.11 Multiple Uses
4.1.12 Keeping of Animals for
Non-farm Use
4.1.13 Steep Slopes and Streams
4.1.14 Special Flooding Hazards
4.1.15 Outdoor Security Lighting
4.1.16 Roadside Landscaping
4.1.17 Utility Distribution
4.1.18 Alternative Energy Generation
4.1.19 Kennels
4.1.20 Fire Protection
4.1.21 Common Driveways
4.1.22 Demolition of Significant
Buildings
4.1.23 Adult Entertainment
4.1.24 Docks and Moorings
4.1.25 Mass Assembly
4.1.26 Noise Control
4.1.27 Highway Site Distances
4.2
Land use Options with Specific Constraints
4.2.1 Flag Lots
4.2.2 Mobile Homes
4.2.3 Mining
4.2.4 Cell Towers
4.2.5 Junk Yards
4.2.6 Dumps
4.2.7 Public Utilities
Article 5 Subdivision or
Consolidation of Land Parcels
5.1 Definition
5.2 Subdivision Review
5.3 Minor Subdivision
5.4 Major Subdivision and
Conservation Subdivision
Article 6 Administration
6.1 Zoning Administrative Officer
6.2 Building Permits
6.3 Certificate of Occupancy
6.4 Expiration of Building Permit
6.5 Fees
Article 7 Zoning Board of Appeals
7.1
Organization
7.2 Procedure
7.3 Referrals to County Board
7.4 Decisions
7.5 Fees
Article 8 Violation and Penalties
Article 9 Definitions
Article 10 Application Procedures
and Forms
10.1 Special Use Permit
10.2 Subdivision
10.3 Planned Unit Development
Appendix I Domestic Water Wells
Appendix II Driveway Agreement
Appendix III Cell Towers
Appendix IV Design and construction
Standards
Appendix V Fees
Town Of Saratoga Zoning Regulations
Article 1 Introduction
1.1 Basis
These
zoning regulations are Town law made in response to comprehensive planning by
the Town of Saratoga.( ref. Town Of Saratoga 1979 and 2002 Comprehensive Master Plans and the Saratoga
County Land Use and Development Plan initiated in 1979 and are an update to the 1981 Zoning
Ordinances. These regulations can not supersede Federal, State, County or other
Local law but can, under most
circumstances, expand and further define those laws.
1.2 Values To Be Preserved
-
rural appearance ( low housing density in most areas)
-
commercial activity that supports the community
-
current natural and historical attributes
-
agricultural use of the open land
-
owners right to reasonably maximize the value of their land
-
resident diversity, both racially and economically.
1.3 Purpose Of Regulations in Subsequent Document
-
ensure healthy and safe environments
-
provide safe road access and traffic densities relative to future development
- define and enforce sanitary waste
and drinking water laws
-
control land use to prevent over development of the land, both physically and
visually
-
reduce the impact of land use change and development on existing residents
while
respecting
owner rights.
-
monitor and / or restrict land uses
that have evolved or could evolve into
burdensome
problems for Town government and residents.
-
promote agricultural activity
-
encourage development that includes housing for a diverse racial, ethnic, and
economic
population
-
facilitate maintenance and enhancement of community services
-
preserve historical sites, special land forms, archeologically important areas
and
view sheds.
1.4 Authority
The
principal authority to formulate and administer these regulations is the Town
Board of the Town of Saratoga. The Town Planning Board and Zoning Board authority is that which is approved by the
Town Board. Further revisions of this law are the responsibility of the Town
Board with the advice and assistance of the Planning Board and Zoning Board of
Appeals.
1.5 Disclaimers
These
regulations have undergone legal review and are considered to be correct .
However, in the instance that errors have been overlooked or there have been
improper interpretations of superseding laws, certain regulations, or parts of
regulations , may, by necessity ,
become invalid. Specific invalidations do not effect any other portion of this
local law. It is recognized that laws and regulations of the Federal , State,
and County Governments, such as the New York Environmental Quality Review Act
and the New York State Freshwater Wetlands Act, can not be superseded.
1.6 Principal Responsibilities of The Planning Board
Members
of the Planning Board are appointed and, under certain circumstances, may be removed by the Town Board.
Responsibilities include, but, are not limited to :
-
guiding development to meet the values stated above
-
assisting applicants achieve their objectives relative to land use change
-
adhering to the letter of this local law unless a specific request can not be
easily
categorized. In that instance, the
Planning Board has the discretion to make minor allowances or to pass the
request off to the Town Board.
-
refraining from discussions or votes
where a land use proposal provides the
possibility of
benefit for the Board member or his
family
-
providing periodic advice regarding necessary modifications to this local law
1.7 Applicant Recourse
The
Planning Board may determine that a land use request does not meet the requirements of this local law and
therefore : 1) decline approval with positive comment , 2) decline approval
with no comment, or 3) decline approval with negative comment. The applicant
can modify his or her request to meet the letter of the law and return to the
Planning Board, or appeal to the Zoning Board of Appeals (Article 7) for a change in decision. If there is still
a negative result , the applicant may, under some circumstances, appeal to the
Town Board through an application for a Planned Unit Development ( ref. 10.3).
1.8 Citizen Participation
Current
open meetings and notification procedures are deemed adequate at this time.
Notification of nearby residents should be done informally, where possible,
when a major impact development is contemplated. Time for discussion from informed, concerned citizens should be
included, where possible, at the end of each scheduled meeting of the Planning
Board.
Article 2 Zoning Districts
2.1 List and abbreviations
The
Town of Saratoga is divided into the following districts:
Rural District R
Rural Residential District RR
Village Extension District VE
Hamlet District H
Conservancy District C
Lake Commercial District LC
Lake Residential District LR
Lake Residential District Industrial District (
Planned Unit Development ) I
2.2 Zoning Map (next page)
Districts
are bounded and defined as shown on a map entitled Zoning Map of the Town of
Saratoga which accompanies and is a part
of this local law. It may be amended in the same manner as any part
other part of this local law. (ref. 2.3 for interpretation of boundaries).
2.3 Interpretation of boundaries
Where
uncertainty exists with respect to boundaries of any of the districts, use the
following rules:.
- if
boundaries appear to follow streams, rivers, streets or highways, the
centerline is the boundary,
- if
district boundaries appear to follow Agricultural Districts, Town and Village
boundaries, then the official limits of
those entities prevail.
Article 3 Zoning District Land Use and Regulations
3.1 District Land Use Options and Regulations
After
defining the desired land use and the zoning district ( Article 2 ) use the following tables 3.2 to 3.9 to define the
constraints that must be adhered to in
each of the following application options:
3.1.1
Permitted Uses
When the desired land use meets the
“permitted” specifications then the applicant may file directly for a building
permit without action of the Planning
Board.
3.1.2 Special Permitted Uses
When the intended land use is listed
under “special permitted uses” in
subsequent tables then proceed to Article 10.1. Approval is based on the judgment
and imposed restrictions of the Planning Board.
3.1.3
Subdivision of land
When parcels of land are divided or
consolidated for any purpose, the
action must follow the regulations and procedures described in Articles 5,10.2
and 10.3
3.1.4 Planned Unit Developments are permitted under very special conditions for projects that are not included in or not
allowed in the rest of this local
law, but which might be acceptable and useful to the
community (Article 10.3)
3.2 Rural District (R)
It is
the purpose of this zoning district to
preserve and enhance the agricultural assets of the Town of Saratoga. Proposed
land uses` which are in conflict with
agriculture are discouraged.
This
zoning district is designed to limit
the loss of irreplaceable, viable agricultural lands to significant suburban
growth and development.
3.3 Rural Residential District (RR)
It is
the purpose of this zoning district to accommodate low density residential
growth and development without
compromising existing agricultural uses. All proposed uses must be
appropriate to the existing character
of the area.
3.4 Rural 2
(R2)
The intent of this district is to provide for higher residential densities in the Rural District where municipal sewage is
available.
3.5 Village Extension District (VE)
It is
the purpose of this zoning district to
accommodate, depending on the availability of public water and sewer,
moderate to high density mixed
residential uses in areas adjacent to villages.
It is the intention of the Town government to meet
future moderate to high density residential development needs. Affordable income housing is encouraged.
3.6 Hamlet District (H)
It is
the purpose of this zoning district to
recognize the hamlet of Quaker Springs as an existing community of mixed land
uses at a higher density than that in the surrounding Town. It is the intention of this regulation that
further development maintain the
current character of this hamlet .
3.7 Conservancy District. (C)
It is
the purpose of this zoning district to preserve, protect, and conserve those
portions of the Town with significant wetlands, as designated by the State and
Federal Government
3.8 Lake Commercial District (LC)
It is
the purpose of this zoning district to recognize the northeast area of 9P along
Saratoga Lake as an existing higher density , mixed use development. It is the
intention of this regulation that further
development maintain the character
of this hamlet.
3.9 Lake Residential
(LR)
It is
the purpose of this zoning district to insure orderly development and
redevelopment of recreational
facilities as well as dwelling units. It is the intent to encourage
redevelopment and rehabilitation while reducing densities and increasing
waterfront lot sizes.
3.10 Industrial District (I)
It is
the purpose of this zoning regulation to accommodate new industrial land uses
without compromising the essential
rural / agricultural character of the community . Industrial zones are
not shown on the map thereby permitting flexibility for future proposals. The Planned Unit Development Law Article 10.3) describes the intended
approach for establishing industrial areas.
3.9.1
Permitted Uses:
- Manufacturing of food products,
apparel, lumber / wood products, paper
/ allied products, fabricated metal products, machinery, electrical
machinery.
- Research Laboratories
- Freight terminals
- Power Plants
- Storage, maintenance or repair of
materials, equipment, machinery or
vehicles
- Adult entertainment enterprises
- Tattoo Parlors
3.9.2
Prohibited Uses:
- Any and all industrial uses whose
products or byproducts may, based on current scientific data, pose a
significant impact on the environment even after state of the art control procedures are
employed.
3.9.3
Application
Approval of an industrial zone is
through the Planned Unit Development
Process (ref. Article 10)
Article 4
General Regulations
4.1 Requirements, Constraints and Exceptions
4.1.1 Preexisting conditions or approval (prior
to 1981)
- All buildings, lots and land uses that existed, or
were under contract in 1981, at the time of the enactment of the first zoning
regulations, or prior to amendments that were enacted in the
intervening period for the Town of
Saratoga, are permitted for continued similar use . Any change in non conforming use must
adhere to this
current local law, unless it violates the legal rights
of others. Public safety supersedes this provision..
4.1.2
Non conforming structures or land uses
- Buildings and land uses that have
been abandoned for more than two years may not restore any non-conforming use
as described by the current
regulations. The Zon
ing Board of Appeals may approve a
non-conforming use with modifications if they deem it appropriate.
- non-conforming uses need special
review and approval of the Planning Board to displace conforming uses.
- any non-conforming use may be
restored ( if not intentionally damaged by the owner), but not enhanced, unless approved by the
Planning Board.
- a non conforming use may be
changed to another non-conforming use if equal or diminished in the opinion of
the Planning Board.
-non conforming uses may be expanded
within the building, but must not impact the building exterior appearance
or function.
4.1.3 Alteration of buildings, lots and facilities
- All changes in facilities such as
sanitary systems, security lighting building
use and size, plus lot use, setbacks and size must conform to the
regulations of this local law
- Buildings erected, moved or
altered to accommodate a greater number of families must adhere to this local law.
4.1.4 Sanitary System and Drinking Water System
Installation and Modification
4.1.4.1 Sanitary Sewage Systems
-For
all developments, except where sewage disposal lines are connected to a
public sewer system , an adequate sanitary disposal
system is required for each lot, if the proposed land use includes sewage
production. Although design variations may be submitted for review by the Town
Engineer, it is expected that each disposal system will include a septic tank
and a sewage water disposal system.
-No
plot development, including the erection of any permanent building, will be
approved by the Town of Saratoga until
a plan is
1) provided that adheres to the
applicable provisions of the New York State Sanitary Code
2) filed and approved by the State Health Department and
3) approved by the the Building Code Enforcement Officer (or qualified
professional) for single lot,s or the Town Planning Board for subdivisions.
-Individual lots require a
percolation test that is witnessed by
the Building Code Enforcement Officer prior to
acquiring a building permit.The Code Enforcement Officer may defer
judgment depending on seasonal
conditions and permit construction to
start. However, no certificate of occupancy may be issued until the test is
successfully conducted. All percolation
tests must ad here to the requirements of the New York State Waste
Treatment Handbook ,
Individual Household Systems. Should percolation tests results be
longer than 30
minutes, or bedrock is less than 5 feet, or the ground water is less than
2 feet in a proposed tile field , a conventional in ground septic system is
unacceptable. Alternative systems can be proposed for approval as delineated in the New York State Waste Treatment Handbook ,
Individual Household Systems
-Separation Requirements: To minimize the possible
health hazard and pollution potential of sewage waste water, subsurface
disposal systems must be located as far
as possible from drinking water supplies. Therefore all sewage disposal systems
shall be installed in accordance with the following table.
Sewage Well To
stream, lake, Dwelling Lot line
disposal or water course
system
--------------------------------------------------------------------------------------------------------------------------------
Septic tank 50’ 50’ 10’ 10’
Distribution 50’ 50’ 10’ 10’
effluent
Distribution box 100’ 100’ 20’ 10’
Absorption field 100’ 100’ 20’ 10’
Seepage pit 150’ 100’ 20’ 10’
Fill or built-up 100’ 100’ 20’ 10’
system
Evapro- 100’ 50’ 20’ 10’
transpiration
system
Sanitary privy 100’ 50’ 20’ 10’
pit
Privy, water 50’ 50’ 20’ 10’
tight vault
4.1.4.2 On Site Water Supplies
All subdivisions intended for
residential development must prove that the quality and quantity of well water
is adequate for each new residence and does not impact the neighboring
residents water supplies. Refer to appendix I for detailed requirements.
4.1.5
Unsafe Buildings-Abandoned or Under
Construction
-Unsafe
structures, as designated by the Town Board, must be restored to a safe
condition or demolished on a Town Board approved schedule and must be secured
from public access during the process.
4.1.6 Accessory Buildings (out buildings)
- In
the R,RR, R2 and C Districts, the minimum distance between out buildings is 15 feet
and a maximum height of 20 feet. The setbacks that are in effect for the
district apply to accessory
structures. Roadside stands are an exception. The set back must be 15 feet from the street or highway right
of way and must provide legal off road parking. This regulation also includes
portable buildings for storage or garage uses.
-In
the V E , H , L C, and L R districts the minimum distance between accessory structures
shall be 10 feet, a maximum height of 20 feet and with the set backs
appropriate
for that zone. Roadside stands must be specially permitted in these
zoning
districts. This regulation. applies to portable buildings.
4.1.7
External Storage of vehicles,
campers, boats, construction equipment, mobile homes
-In
the R, RR, R2, and C districts, unoccupied mobile homes or more than one
unregistered vehicle are prohibited.
-In the VE, H, LC, and LR districts, external
storage is prohibited for continuous parking of industrial equipment,
unoccupied mobile homes and more than
one un registered vehicle or
boat
4.1.8 Swimming Pools (inground or above ground,excluding above
ground pools)
-In
all districts swimming pools can only be located in the rear and side yards. All
pools must be adequately secured by fences and gates to ensure safety and
must conform to NYS Building Code)
4.1.9 Off Street Parking and Unloading Zones
-Each
passenger vehicular parking space must be a minimum of 18 feet in length and 9
feet in width and must be accompanied by adequate circulation to access each
space. Specifications for the appropriate number of parking spaces are as
follows:
(Table
on the following page)
-Off
Street Loading spaces are required for
each commercial or industrial operation. Although
at least one properly sized space is required for each operation, more spaces
may subsequently be required if indicated by
normal operation.
- All
parking installations must meet the Americans with Disabilities Act; ie; 1 van parking
space that has an additional 5 feet of width must be included for the first 25 vehicles and have proper access to
the designated destination.
4.1.10
Signs
The
purpose of this regulation is to promote and protect public health, welfare and
safety as it would be affected by outdoor signage. In addition, regulated
signage can protect property
values by creating and / or preserving
an attractive community appearance.
For the purposes of this regulation “sign” does not mean flag, pennant,
or insignia of any nation, state or
political unit, or any political , educational, charitable, philanthropic,
civic, professional, religious, or like campaign, drive or movement or event.
4.1.10.1 General Regulations for signs are as
follows:
-Illumination
can not be internal, must be fixed and as unobtrusive to observers as
possible
- Signs can not be placed on the
roof of any structure
- Signs cannot contain attachments
of flashing or revolving devices
-Signs can not impair safe lines of
sight
4.1.10.2 Sign Regulations
___ Purpose District
Height(1) Size
Special Conditions
Permitted -
Sale, Lease all 6
ft 8 sq. ft -1 sign
per lot
without or -must be on premises
permit Rental -can’t
overhang
must be 10 ft. from
public right of way
or lot line
-Professional 4 sq. ft “
in
Residence
-Professionals
Contractors
at Const. Site 16 sq. ft “
-Agricultural 16 sq. ft “
pursuits
-Temporary (2) 6 sq. ft notices
Permitted Bulletin all 32 sq. ft “
with a Boards
permit for
Schools
Churches
Cemeteries
Clinics
Etc.
Home 12 sq. ft “
Occupation
Purpose District Height size Special
Conditions
Business
R, RR, K 6 feet 20 sq. ft -1 per road frontage on lot
H, C, LR - must be on premises
-
can’t overhang and must be 10 feet from public right of way
or lot line
LC,I 16 ft 40 sq. ft “
Advertising R, RR, C 8 ft
32 sq. ft - 1 per lot
and - must be on premises
accessories
or vacant lots
(2), (3) - can’t
over hang and
and must be 25 feet from public right of way or lot line
(1)
height is measured from ground to top of sign face
(2) Signs must be removed 7 calendar days after
event is over
(3)
Tethered, inflatable devices
4.1.11
Mixed Uses
Commercial
activities (stores, shops, light industry etc.) are not permitted on the
same plot as residential use, with the exception of farming, agri-tourism and
at home occupation as allowed in Article 3 or through a PUD.
4.1.12
Keeping of Non household Animals for Non-farm Use
The
following regulations shall apply to the keeping of all animals, but excludes household
animals (dogs and cats), even temporarily, in any zoning district for pur poses other than commercial
agricultural pursuits. The intent is to mitigate the impact of significant numbers of animals on
neighboring land owners relative to noise, smell, vermin and pollution. A written plan to keep other than
household pets must be pre- sented to
the code enforcement officer prior to commencement of the activity. If it is determined that the plan presented
does not meet the needs of the situation, then ap plication for a Special Use Permit is required.
This
regulation does not apply to commercial agriculture, lots that exceed
5
acres and kennels (which are addressed under a separate regulation).
4.1.13 Steep Slopes and Streams
This regulation applies to all proposed land uses (including logging
but excluding other commercial
agriculture). It intends to prevent major impacts of a proposed
development
or timber harvest on the hydrological environment. Limitations are
enacted
to provide for buffer zones near Saratoga Lake, major streams, large ponds
and the Hudson River.
These control measures are required
to limit erosion, reduce sediment transport and limit the introduction of man made pollutants in the
Town’s water drainage and reser voir systems.
Specific geologic concerns addressed are aquifers, unstable soils ,
flood plains, wetlands, lakes, wells
, and storm drainage. Biological concerns also
addressed include disturbance of
natural indigenous aquatic plants and life cycle
environments for wild animal life.
When
a disturbance is proposed for slopes or near streams , reservoirs, lakes or
rivers, the following regulations
must be followed and an explanation of how they are
being addressed must
accompany applications to the Code Enforcement Officer or
to the Planning Board. Documents provided should include a land survey with
applicable topographical and
hydrological features.
4.1.13.1
No development will be permitted in a 50 foot buffer zone (unless superseded by EPA or DEC wetlands
regulations), measured from the sides
of a designated wet land, from the average high water mark
of a flowing stream or river (designated by the Department
of Environmental Conservation and which flows more than 6 months per average
year) or from the high water mark of a reservoir
(greater than 1/2 of an acre). When development is proposed on slopes greater than 10% that border these buffer zones, a special review will be
required by the Town Engineer and subsequently by the Town Planning Board.
The purpose of the review is to explain how
the intent of this regula- tion will be satisfied.
Development
within a buffer zone is defined for this regulation as any activity that
temporarily disturbs 10 percent of the buffer zone, including plant clear- ing.
Possible exceptions that could be approved by the Planning Board include view
enhancement, walking paths, water access, and slope stabilization. Dur- ing
the development of the remaining plot outside the buffer zone, silt fences will be required if drainage
flow is towards the water.
4.1.13.2
No activity will be permitted within the buffer zone that contributes to
stream pollution, such as septic systems and pesticides storage or applica- tion.
Storm water drainage through the buffer zone
must be designed to pre- vent erosion and sediment , plus it
must not exceed the flow rate that existed prior to the proposed
development.
4.1.13.3
Land clearing and wood lot harvest
proposals that exceed 20 percent of the land,
on slopes greater than 10%, adjacent to protected areas (as defined above) must get approval of a
management plan from the Town Planning Board
and the Town Engineer. Topics that must be addressed
include erosion control, bank stabilization
, sediment transport and visual impact.
4.1.13.4
The Code Enforcement Officer shall ensure that excavation, grading and
clearing on steep slopes, or on lots
adjacent to streams and reservoirs as described above, shall only
be permitted in such locations
or in such manner as to mini- mize unsafe construction or the
potential of erosion and sediment transport.
Measures to be employed by the
developer include the following :
:
1) minimize land disturbance by using open space design principles
(Article 5 )
2) the padding or terracing of a
building site and minimize mounding of septic systems,
3)
making roadways fit the terrain,
4) retaining
vegetative cover on ridge lines unless the architectural design fits the
natural environment,
5) siting of sewage and water
systems to minimize cut and fill operations and
6) avoiding cut and fill operations
to retain or improve the natural appearance which existed prior to development.
4.1.13.5 Exempted from these
regulations are property owners with
agricultural
pursuits requiring:
1) intermittent fording of streams,
2) installing of erosion resistant culverts that are sized to the next
downstream public road crossing
culverts ,
3) domesticated animal
accessing drinking water, and
4)cultivating the land. Although these activities are exempted
every
effort should
be made to abide by the standards in paragraph 4.1.13.4
4.1.14
Special Flooding Hazards
No land use or
structural use will be permitted in areas identified by the Federal Insurance
Administration floodable areas until all applicable conditions of Local Law
have been met.
4.1.15
Outdoor lighting
No outdoor security lighting may be installed that nearby property owners
can
observe as a point source. All installations
require appropriate shielding. No
lighting may be installed that
significantly illuminates neighboring
property without prior approval of the immediate neighbors or through the special permitting process of
the Town Planning Board.
4.1.16
Roadside landscaping
When application for all residential
subdivisions is made, details of the roadside landscaping must be provided.
Installation of the approved landscaping must be done, unless waived by the
Code Enforcement Officer, prior to the issuance of a Certificate of Occupancy.
Designation of approximate type, size, minimum number and location for the
vegetation is required. The intent is to provide roadside beautification
without obstruction of traffic sight lines, neighbors views or rights of way. A minimum of one 2 inch diameter,
regionally hardy tree, or equivalent, per 100 feet of frontage is required.
4.1.17
Utility distribution
Underground utility distribution is
encouraged for all new minor subdivisions
and required for all major subdivisions,
unless proven to be technically impossible or prohibitively costly.
4.1.18
Alternative Energy Generators
Solar
energy apparatus is encouraged for all
development but if it is larger than 100 square feet, it must be screened from
the highway, as well as from adjacent neighbors (uness it has a uniquely acceptable design) . No more than
one wind power generator per building
lot will be permitted. Installation of
wind or solar alternative energy equipment which exceeds these limitations
requires a special permit from the Town Planning Board. Noise and view issues
must be addressed with application.
4.1.19
Kennels
All dog kennels
(more than 3 dogs 4 months or older) require a Special Use Permit that may be
reviewed at any time, but no less than one time per year. Current approved
kennels may continue unless the mode of
operation presented or implied in the original special use permit has
significantly changed.
4.1.20 Fire protection
Major subdivisions will be required
to provide a fire protection plan regarding access
to adequate fire fighting water.
Mitigation may be required by the Planning Board with consultation
from the Fire Chief of the affected Fire District
4.1.21 Common Driveways
Shared driveways are an acceptable approach and are encouraged, but not
required,by the Town Planning Board when they can reduce road access points,
reduce number of mailbox stops and when the combined driveways will not degrade
the appearance or functionality of affected landowner’s property. To apply for
common driveway approval, landowners of record must provide the Planning Board
with a signed agreement (ref.appendix
2.) and must provide documentation of the design. Such specifications as
to loading, location and width must be included.
4.1.22
Demolition of Significant Structures
The demolition or major modification
of listed buildings (provided by the Town Historian) larger than 500 square
feet , 50 years or older or of design significance requires notification of the
Town Historian 10 business days in advance of the intended action. It is the responsibility of the Town
Historian to notify the Town Board of the importance of the structure and to seek adequate financial
as well as technical assistance. The Town Board must determine whether to work
with the property owner to ensure a
better outcome for the community. This law does not assign
authority to the Town to prevent the
demolition process after the allocated time period.
4.1.23
Adult Entertainment Enterprises
Enterprises
or establishments which display or sell pornography or act out
pornography,
are prohibited in all but designated zones. Reference Local Town Law.
4.1.24
Docks and Moorings
Existing docks
and moorings are permitted. Off street parking is required to be at least one
parking space for each boat, whether moored or
tied to a dock. Total boat footage (taken from the official boat
registration) whether secured to a dock or moored, can not exceed 1/2 the deeded water frontage for any lot.
Additional moorings for off water residents that have rights must be requested
through the special permitting process. Commercial docks and moorings must
apply for a special use permit.
4.1.25
Mass Gatherings -Refer to Local Town Law
4.1.26
Noise Control - Refer to Local Town Law
4.1.27
Highway Sight lines
No fences or landscape may be
installed that impair safe sight distances
as seen from access points to the highway or as seen from
the highway to the access point.
4.2 Special Land use Options and Constraints
4.2.1
Flag Lots:
Lots which do
not meet the required minimum road frontage, but which have road access and an area that equals or exceeds zoning requirement,s
are considered flag lots. The Planning Board can use this regulation to
negotiate improved roadside views , conserve agricultural lands and reduce
roadway access points.
Applicants must submit an 8”x10”
photo of the property to be developed
and a graphical representation
of the area showing the requested
access. The backup material must
emphasize the advantages of this application relative to enhancing visual qualities as well as preservation of
open space.
Excluding road frontage and the following
exceptions, flag lot specifications remain
the same as for any subdivision: a) the driveway must be
a minimum of 30 feet in
width and legally attached to the
proposed lot, b) land in excess of that needed for
development can be legally set aside
to prevent future development (this would improve chances of approval) c) and
excluding adjacent driveways, there can
be no additional driveways for 200 highway feet in any direction and also no
more driveways in a total of 600 feet on the same, originally subdivided
property.
4.2.2
Mobile Homes
All mobile homes must adhere to the
following: a)comply with the State Code
for Construction and Installation of
Mobile Homes, b) be installed on a permanent foundation or floating slab and
skirted, c) tied down to the slab or foundation or other method acceptable to
the code enforcement officer, d) comply with the same regulations as a permanent
structure; including lot size,
setbacks, water and sewage etc.
Temporary certificates may be issued that waive selected regulations for
one year
during the construction of a
permanent home. However , proper water and sewage must be provided.
A certificate of occupancy for
the permanent dwelling will not be issued
until the temporary mobile home
dwelling is removed from the property.
4.2.3 Mining
No
new mining operations are permitted unless approved through the PUD
process. Refer to Article 10.3.
Existing or approved mining must be conducted in compliance with the New York
State Mine Land Reclamation Law, Article 23 of the Environmental Conservation
Law. Refer to Definitions Article 9.
4.2.4
Cell Towers
Appendix 3 describes requirements for cell
tower installation as well as operation and is a part of this local law.
4.2.5
Junk Yards
No automobile junk yards can be established
in the Town of Saratoga. Existing junk yards must operate under the provisions
of Town Ordinance No. 1, an Ordinance Regulating Automotive Junk Yards in
the Town Of Saratoga. Automotive junk
includes any conveyance that has, or once had, self propulsion.
4.2.6
Dumps
Dumps are a collection of discarded
materials that are no longer intended for routine use. ie. tires,
snowmobiles, junk machinery, refuse,
trash etc.
Dumps are not permitted:
a) on parcels that are less than 5 acres ,
b) if they are in sight of
neighboring property owners, c)
for non owner use or
d) for the disposal of any hazardous material.
Dumps can not exceed 3000 square feet (except manure piles, compost
piles, waste from land clearing, and saw
mill byproducts )
4.2.7
Public Utilities
Nothing in this local law shall restrict the
construction or use of underground
or overhead distribution facilities of public utilities operating under the laws of the State of New
York. The exception to this constraint is the Cell Tower Regulation (Ref. 4.2.4 )
Article 5 Subdivision or Consolidation of Land Parcels
5.1 Definition
Modification
of property lines to make smaller parcels, to alter lot lines or to consolidate
parcels, is defined as a subdivision action and must be approved by the
Planning Board.
5.2 Subdivision Review
In
consideration of a subdivision proposal, the Planning Board will not only
enforce all regulations of this local law but will also seek to accomplish the
following objectives:
-
prevent land locking of any property
-
encourage straight, uncomplicated lot lines
-
avoid pie shaped or low acreage, deep lots
-
consolidate non conforming lots towards compliance
-
promote set backs and screening to save or improve roadside appearance
-
promote consolidation of driveway access points to Town highways
-
avoid significant impacts on neighboring land owners
-
promote open land with emphasis on
retaining appropriate area and land quality for commercial agriculture
-
control road access location to avoid dangerous sight distances or Town road
congestion.
5.3 Minor subdivision
5.3.1
Definition
A minor subdivision results in 5 lots
or fewer and no new public roads.
. and no other subdivisions have been made on the same tract of land in the
past
3 years.
5.3.2
Parcel size
Parcels must have at least 2 acres of
buildable land, have 200 feet or more of
road frontage and be at least 200
feet wide at the front of the principle
structure.(Unbuildable designated
wetlands can not be included as
buildable land).
5.3.3
Preexisting
Persons who owned 10 acres or more
prior to the 1981 enactment of this local
(in Rural Residential Districts) may
subdivide their land into a maximum of 5 lots that are 40,000 square feet or
more. In addition, road access points
must be legal and safe but do not need to adhere to the current road
frontage requirements. If frontage requirements can not be met then a safe
solution must be presented to the Town Planning Board for approval. All other
regulations for minor subdivisions prevail.
5.3.4 Use constraints
All use constraints defined in
Article 4.0 apply to subdivisions unless explicitly exempted.
5.3.4
Application
Refer to subdivision application Article
10.2
5.4 Major Subdivision
5.4.1
Parcels
Parcels
to be subdivided must exceed 10 acres, be subdivided into 5 lots or more
and have ample highway access
for proper entrance roads.
5.4.2
Proposals for major subdivisions
All
proposals for major subdivisions in the R, RR, R2, and VE must submit a
Conser- vation Subdivision Plan
(CSD) to the Planning Board for their review and approval. If
the CSD is an inappropriate
approach, as determined by the Planning
Board, then
alternative development approaches may be considered.
All subdivided parcels must meet requirements of Article 2.0 through 4.0, unless
modified by the CSD review process.
5.4.3
Conservation Subdivision Development (CSD) or Modified Cluster (ref,
Article 10.2)
5.4.3.1
Purpose and Intent
This regulation is a guideline to
the eligibility, design, review and approval
process for developments that
preserve open land, reduce sprawl, enhance
visual character and practices
environmental conservation. It is intended to
permit flexibility and creativity of
design. Proper implementation should also enhance property values. .
It is
also the intent of this regulation to provide residential development that respects,
conserves and enhances current topography, natural habitats, forests, hydrological,
archeological, historical, and visual features of the Town. In
implementation
of this regulation, primary
consideration will be focused on the preservation of forest lands,
open space and viable agricultural land. This CSD approach seeks also to provide a
means for diversity of housing that in- cludes
affordable housing..
5.4.3.2
Density of Development
The
Planning Board encourages applicants to reduce lot size, shape , and coverage for parcels within a CSD for the purpose of
achieving set aside open
land. However, this regulation requires that the overall density of the de- velopment
adhere to zone requirements. No more
than a
50% reduction of any
dimension for any specific setback in a given zoning district is permitted unless authorized by the Planning Board
5.4.3.3
Minimum Lot Sizes
Minimum
lot sizes in clustered subdivisions are as follows:
- municipal sewer and water -20,000
sq. ft
- municipal sewer only - 30,000 sq. ft
- on site sewer and water - 40,000 sq. ft
5.4.3.4
Use of Set Aside Land
Ownership
and Use of Open Space shall be through a homeowners’ associa tion
or as conveyed to the Town with their approval or as held by the devel oper
or another ownership( e.g. commercial agriculture with appropriate deed restriction).
Upon request to the Planning Board additional structures may be placed
on the deed restricted land if there is adequate space and if structures are
required for a farming or public use of the set aside parcel. Where techni cally
and legally feasible, the set aside land may also be used for access to domestic
water and sewage disposal.
5.4.3.5 Design Process
At
the time of application, applicants are required to demonstrate that the fol lowing process was performed by a certified
landscape architect.
Step
1: Primary Conservation Areas
Identify state and federal
designated wet lands, river front areas and
flood plains.
Step
2: Secondary Conservation Areas
Identify
and delineate steep slopes, mature
woodlands, prime farmland,
meadows, wildlife habitats and
cultural features, such as archeological sites
and scenic
views.
Step
3 Density Calculation
After
removing Primary Conservation Areas, lay out the development per the zone
density requirements, temporarily disregarding identified Secondary Conservation areas. This provides a
working number and graphic representa- tion
for maximum residential buildings. This number also equals the CSD al- lowable
residences.
Step
4 Determine Set Aside Amount and Location
A minimum of one half the allowable
buildable lands must be designated as set aside. To the maximum extent
possible, Secondary Conservation Areas must be placed in the set aside. The
rules for setbacks and lot sizes are listed in articles 4.4.3.2 and 4.4.3.3 for
each residence.
Step
5 House Location
To obtain the maximum intrinsic
value of a parcel of land, the house sites are located prior to laying out the
roads. This step ensures that good landscape design is rigorously followed and
the site layout is not strictly dictated by the easiest
engineering approach. Locate the approximate sites of individual
houses within the Potentially
Developable Area and include the delineation of yards plus shared amenities, so
as to reflect the integrated commu nity.
Care must be taken to reflect the Town’s Master Plan goals. The number of homes
that enjoy the amenities should be maximized.
. Step
6 Aligning the Streets and Trails
Align the streets and trails to access the
house lots. Additionally, new trails should be laid out to create
internal and external connections to existing and /
or potential
future streets, sidewalks and trails.
Step
7 Draw the Lot Lines
Repeat steps 1-4 to achieve the best
and most effective solution that meets reasonable business goals of the
developer and the Town’s goals as stated in this local law.
5.4.3.6 The following must be
addressed to get approval for a Conservation
Subdivision:
1) Open space must be designed to add to the visual amenities of the
area by maximizing its appearance
for persons passing the site or overlooking it from nearby properties
.
2) Land set aside as open space
shall be preserved exclusively for the purposes set forth herein and shall be
maintained in a manner that will ensure its suitability for its intended
purposes.
2) Open space must be interconnected excluding separations caused
by a road way or accessory amenity.
However, this inter connection requirement may be waived by the Planning Board
if it results in an improved
development.
3) The landscape of the total parcel shall be preserved in a natural
state, in so far as practicable, by
minimizing tree removal and site topographical modifications.
4) The design of individual building sites and infrastructure must
maintain a maximum practicable
natural topography and vegetative
cover. Topography, tree cover and natural drainage ways should , where
feasible, be treated as fixed determinants
when configuring roads, streets and lot locations.
5) The removal or disruption of historic, traditional or significant uses,
structures, or architectural
elements must be minimized.
6) Clustered lots should be
separated from active farmland by a vegetative buffer of a minimum 75 feet.
7) Walkways and bicycle paths shall
be provided to link residences with parking areas, recreational facilities
(including park land and open space ) and adjacent land uses, where
appropriate.
5.4.3.10 Application Procedures
-Reference 10.2
Article 10 c Application Procedures and Forms
10.1 Special Use Permits
10.2 Subdivision
10.3 Planned Unit Development
Article 10.1 Special Use Permits
Special permits are specified in Article 3.0 for each zone
The Planning Board reserves the
right to review the suitability, compatibility and impact on the designated
community and rule accordingly
The
applicant must be prepared to discuss all applicable items in the checklist of
this procedure.
If
the Planning Board disapproves the
application then the applicant may request
relief
from the Zoning Board of Appeals
Article 10.2 Subdivision of Land
Modification
of property lines to make smaller parcels, to alter lot lines or to consolidate
parcels is defined as a subdivision action and must be approved by the Planning
Board. A minor subdivision results in less than 5 lots and no new public
roads.(ref. Articles 3.0 and 4.0).
A major subdivision is
a) 5 lots or more,
b) more than 2 lots out of the same parcel in a 3 year period
and
c) any subdivision that proposes new
public roads.
Article
10.3 Planned Unit Developments-PUD
Planned Unit Developments are permitted under very special conditions for projects that are not
included in or not allowed in the rest of this local law, but which might be
acceptable and useful to the community.
PUDs are approved or disapproved by the Town
Board after review of the Planning Board.
There
is no appeal process other than to the Town Board