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

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