Ballston Town City Zoning Code
ARTICLE XXXIII
Other Supplementary Requirements
§ 138-151 One use per lot.
A.
Except in the Mixed Use Ballston Lake, Business, Rural Highway Transition District, Senior Housing Districts, or when a traditional neighborhood design is utilized (TND), only one principal use per lot shall be allowed.
B.
Except for two-family, townhouse or accessory dwellings where permitted, no more than one single-family detached dwelling shall be allowed on any one lot.
§ 138-152 Change of occupancy and change of use.
Generally, a zoning permit or approval runs with the land and not with the individual or entity to which such permit or approval was issued. A change of occupancy or tenancy does not require a new permit or approval as long as the use continues to meet the requirements of this chapter and is not otherwise changed, enlarged or expanded. At the Code Officer's discretion, application for change of occupancy may be referred to the Planning Board. Any change of use, or change in the intensity of a commercial use that will require a modification of existing means of access or egress, parking or loading facilities, drainage, utilities, or signage shall require site plan approval by the Planning Board. Any change of use, or change in the intensity of a commercial use that will require a modification of existing means of access or egress, parking or loading facilities, drainage, utilities, or signage, shall require site plan approval by the Planning Board. A special use permit shall also be required if a change is made to a use that also requires a special use permit as per the Tables of Uses, Area, Frontage, and Setback Requirements,[1] regardless of whether the original use had been issued a special use permit.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
§ 138-153 Outdoor storage containers.
The use of outdoor storage containers, other than a shed or outbuilding or refuse receptacle, shall be prohibited for a period of greater than four weeks if such storage container can be seen from neighboring properties or frontage roads except where such containers are present during ongoing construction activities under a valid building permit.
§ 138-154 Minimum dwelling size.
Except for accessory dwelling units, the livable space footprint of all dwelling units shall be a minimum of 720 square feet.
§ 138-155 Driveway, shared access and private road specifications.
A.
Driveway specifications.
(1)
All driveways shall be wide enough to accommodate emergency service vehicles and shall have a minimum width of 12 feet, and shall not exceed an 8% slope from where it intersects the street to the setback.
(2)
All driveways in excess of 500 feet in length shall have a twenty-foot-by-forty-foot pull-off placed for emergency vehicle use every 500 feet or such other length as may be required by the New York State Fire Code.
(3)
All driveways shall be constructed to slope away from the edge of the travel lane at the same slope as the road shoulder where it meets.
(4)
A driveway shall not adversely affect the highway drainage or drainage of adjacent properties.
(5)
Drainage and the stability of the road subgrade shall not be impaired by driveway construction or roadside development. The drainage design of a construction project shall not be compromised by field adjustments to compensate for altered driveway location. In no case shall the construction of a driveway cause water to flow across the highway pavement, pond on the shoulders, or pond in the ditch.
(6)
Where construction of a driveway necessitates crossing a highway ditch, a culvert pipe of adequate capacity shall be installed in the ditch. The low point of the driveway profile shall be at or close to the centerline of the pipe to direct runoff (flowing from the highway and adjacent property) into the ditch.
(7)
No driveway can provide for the required frontage of a lot.
B.
Shared access specifications:
(1)
No more than four parcels of land may be accessed by the same driveway.
(2)
All driveway specifications, at a minimum, shall be met for a shared accessway.
(3)
No shared accessway shall provide for the required frontage of a lot and all lots must have the appropriate road frontage on an approved private or public road.
(4)
Whenever a shared accessway is proposed or required, a shared maintenance agreement as per NYS Attorney General CPS-7 should be filed with the NYS Attorney General's Office.
C.
Private road specifications.
(1)
Private roads shall be allowed only within a major subdivision approved by the Planning Board.
(2)
All private roads shall be built according to the Town Roadway Construction standards of Chapter 104.
(3)
As per § 104-6 (definitions regarding subdivisions), a private road can provide for the required frontage of a lot provided the private road has been approved by the Planning Board as part of a major subdivision plat.
D.
New access roads to subdivisions shall have a minimum width of 19 feet and a maximum width of 25 feet.
§ 138-156 Modified site plan review for certain agricultural activities.
A.
Applicability. Any agricultural use identified in any Table of Uses, Area, Frontage and Setback Requirements[1] requiring a modified site plan review shall meet all requirements of this section.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B.
The applicant shall submit the following documents or information to the Planning Board for a modified site plan review with a copy of the application furnished to the Building Inspector.
(1)
Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways.
(2)
Existing features of the site, including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.
(3)
For agritourism operations, the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking, circulation of traffic, and signs. (See also § 138-161.)
[Amended 5-14-2024 by L.L. No. 3-2024]
(4)
The proposed location and arrangement of specific land uses such as livestock containment areas, or manure storage/manure composting sites.
(5)
Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings.
(6)
Description of the farm or agri-related operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes and describe setbacks or other methods to minimize impacts to adjacent lands, environmental features and water bodies.
(7)
Include the name and address of the applicant or, if the applicant is not the owner of the property, provide authorization of the owner.
(8)
If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
(9)
Application form and fee as may be established by the Town Board.
(10)
A 100-foot buffer shall be placed between agricultural structures and any stream, lake, wetland, or other water body.
C.
Planning Board action on a modified site plan.
(1)
The Planning Board shall, at the first regularly scheduled meeting held after submission of the modified site plan application, begin the review process. Incomplete applications shall be returned to the applicant, without prejudice, with a letter stating application deficiencies. No modified site plan application shall be deemed complete until the application form, fee if any, and site plan information described in this section have been accepted by the Planning Board.
(2)
Once a complete application has been received, the Planning Board shall conduct its modified review and render a decision within 45 days unless an extended time frame is mutually agreed upon with the applicant. If the application is deemed complete, the Planning Board shall conduct its review and render a decision on the modified site plan at the first regularly scheduled meeting held after submission of the modified site plan application to the Planning Board. The Planning Board may hold a public hearing if deemed necessary. All requirements of SEQRA, Part 617 shall be met prior to decision.
(3)
The Planning Board's action shall be in the form of a resolution stating whether the modified site plan is approved, disapproved or approved conditionally with modifications. Any modification required by the Planning Board shall be considered a condition for issuance of a building permit. If the modified site plan is disapproved, the Planning Board's resolution will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
(4)
Approval. Upon approval of the modified site plan and payment by the applicant of all fees due to the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall, within five business days of its decision, file with the Town Clerk a copy of the approved resolution approving the modified site plan with the Building Inspector. A copy of the written statement of approval shall be mailed to the applicant. Upon approval of the modified site plan, the applicant shall be eligible for applying for a building permit if one is required.
(5)
Approval with modifications. The Planning Board may approve the modified site plan and require that specific modifications or conditions be made. A copy of the resolution of approval containing the modifications required by the Planning Board shall be mailed to the applicant and filed with the Town Clerk and the Building Inspector. The Building Inspector shall not issue a building permit until the modified abbreviated site plan has been reviewed and determined that the plan reflects modifications as required by the Planning Board.
(6)
Disapproval. The Planning Board shall make a resolution if its decision is to disapprove the application. The resolution shall set forth the reasons for the Board's decision not to approve the application. Upon disapproval of the site plan, the Planning Board shall, within five business days, file the resolution with the Town Clerk and Building Inspector. No building permit shall be issued when an abbreviated site plan has been disapproved.
(7)
Extension of time. The time period in which the Planning Board must render its decision on the modified site plan may be extended only upon mutual consent of the applicant and the Planning Board. Failure of the Planning Board to act within the sixty-two-day time period specified or other time frame agreed upon between the applicant and Board shall constitute Planning Board approval of the site plan as submitted or last amended, and shall be deemed automatic approval. An applicant's failure to follow through within the specified time period on submitting application requirements shall not be considered a failure of the Planning Board, and thus shall not be deemed automatic approval.
§ 138-157 Net acreage, density calculation, average lot sizes, monitoring lot splits and setbacks from constrained lands.
A.
Purpose. As per Ballston's Comprehensive Plan, the Town has established community goals to protect the environment, preserve open spaces, promote farm activities, and maintain the rural character. Residential density is established in the Table of Uses, Area, Frontage and Setback Requirements.[1] This density shall be considered as a base density to be adjusted to take into consideration the specific environmental sensitivities that may be present on a parcel and to ensure that the density allowed matches the capacity of that particular parcel.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Applicability. Net acreage shall be used to calculate density in the Rural District and the Ballston Lake Residential district. Average lot sizes may be used at the discretion of the applicant, in the Rural District and Ballston Lake Residential District.
C.
Net acreage shall be calculated as follows:
(1)
Identify the total acreage (gross) of the parcel.
(2)
Subtract all acreage on the parcel constrained with the following environmental features on the parcel:
(a)
Any 100-year flood plain as defined by the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary maps as those maps now exist or as they may be amended from time to time;
(b)
Wetlands, including New York State designated wetlands (excluding the 100-foot buffer), wetlands regulated by the U.S. Army Corps of Engineers or any successor agency, and wetlands as may be designated on any habitat or biodiversity map that may be developed for the Town;
(c)
Lands covered by water, including streams, natural lakes or ponds, or constructed water bodies, including retention and detention basins; and
(d)
Lands having slopes more than 15% slope.
(3)
The total gross acreage minus the environmentally constrained acreage equals the net acreage. To determine the number of allowable residential units on the site, divide the net acreage by the allowable number of units per acre required within the zoning district. Round down fractional units of 0.5 or less and round up fractional units greater than 0.5. The resulting number is the net density allowed on the site.
(4)
Whenever a minor or major subdivision occurs on parcels that are not subdivided into the maximum number of lots allowed by this chapter at one time, the Planning Board shall require a notation to be placed on all plat maps to clearly inform the landowner(s) how many additional lots remain eligible to be created in a future subdivision.
D.
Allowance for average lot size. The Planning Board shall allow for averaging lot sizes when a subdivision takes place in the Rural and Ballston Lake Residential Districts. Lots may vary in size provided that all local, county and state water and septic/wastewater requirements are met for each and every lot, and provided that the average size of all lots equals the density requirement of that district.
E.
Monitoring lot splits. The adjusted density calculated pursuant to this section is the total and maximum development potential for a particular parcel, regardless of the number of times a parcel is subdivided. Once this full development potential has been reached through subdivisions, no further density or subdivision activity shall be allowed. The Town of Ballston recognizes that proper administration of the average density concept is important in meeting the intent of this chapter. The following procedures have been established to help ensure proper monitoring of lot splits.
(1)
An official parcel map indicating existing lots, parcel numbers, and land ownership shall be established along with an official register containing this information.
(2)
The Town shall maintain a record of the estimated allotment of lots and dwelling units possible under this chapter for each parcel under review.
(3)
The Planning Board shall calculate the number of lots allowed as per this section of this chapter.
(4)
A property owner submitting a minor or major subdivision plan shall be required to specify on his/her plan and on any approved final plat, which lot or lots shall carry with them the right to erect or place any unused allocation of dwelling units the parcel may have. Plat notes shall be required to indicate the total number of lots eligible to be created, the number of lots proposed to be allocated as part of the subdivision, and the number of remaining lots that could be created in future subdivisions pursuant to the density requirements of this subsection.
(5)
As allotments are used up, the official parcel map and register shall be updated to reflect these changes. All future plat maps shall also reflect this information.
(6)
The official map and register shall be maintained by the Planning Board Clerk upon final approval of each subdivision and copies made available for inspection by the public.
F.
Setbacks on and use of constrained and unconstrained lands. In all districts, the buildable area and all minimum front, side and rear yard requirements must be satisfied by measurement wholly on unconstrained lands. Unconstrained land shall not include areas as per § 138-157C(2)(a) through (d):
(1)
In determining the locations of wetlands, the Planning Board may require that the wetlands be flagged during an on-site wetland delineation by a professional engineer, surveyor or a wetland biologist.
(2)
All setbacks required as per Attachments 1 through 11 shall be measured from boundaries of constrained lands that may be present on the parcel, not from the property boundary lines.
§ 138-158 Home occupations, minor and major.
A.
General standards for all home occupations.
(1)
No home-based business shall generate significantly greater traffic volumes or increased traffic hazards than would normally be expected in a residential district.
(2)
The home-based business must be clearly incidental and subordinate to the residential use and the home occupation operator must be in residence to operate the home occupation.
(3)
The home-based business shall be allowed to be conducted within the dwelling unit. No more than 15% of floor area of the dwelling unit may be used in connection with a home occupation. Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
(4)
The residential character of the single-family dwelling and the lot shall not be altered to accommodate a home-based business.
(5)
Not more than two home occupations may occur on a single lot.
(6)
The equipment used by the home-based business and the operation of the home-based business shall:
(a)
Not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines;
(b)
Not generate noise exceeding 55 decibels at the property line from 8:00 a.m. to 6:00 p.m.;
(c)
Not generate any noise discernible by the human ear at the property lines from 6:00 p.m. to 8:00 a.m.;
(d)
Not create electrical, magnetic or other interference off the premises;
(e)
Not consume utility quantities that negatively impact the delivery of those utilities to surrounding properties; or
(f)
Use or store hazardous materials in excess of the quantities permitted in a residential structure.
B.
Minor home occupations.
(1)
Minor home occupations are permitted uses and do not need Planning Board approval but shall meet all requirements of § 138-158A.
C.
Major home occupations.
(1)
Major home occupations require a special use permit approved by the Planning Board and must meet all requirements of this section and any conditions placed by the Planning Board pursuant to Article XXIX.
(2)
All vehicles used in connection with the operation of the business on the premises shall be screened or stored in an enclosed structure.
D.
Conditions of approval for a major home occupations established by the Planning Board may specify:
(1)
Hours of operation;
(2)
Maximum number of customer/client visits that may occur in any one day;
(3)
The maximum number of customers/clients that can be present at any one time;
(4)
Retail sales shall be limited to goods made and/or prepared on site;
(5)
No other business shall be permitted to share, let or sublet space for professional use;
(6)
All lighting, noise, sign and parking requirements of this chapter shall be met;
(7)
There shall be no exterior storage of materials to be used in conjunction with a home occupation. All exterior storage used in conjunction with a major home occupation shall be within structures and not visible from the public way or adjacent properties;
(8)
All storage of equipment, materials, goods, or supplies shall also meet all requirements for such use. All exterior storage, including heavy earth moving equipment, tractor trucks, or other similar specialized vehicle used in conjunction with a home occupation must be screened from view or stored within structures and not visible from the public way or adjacent properties;
(9)
Adequate parking shall be provided for all home occupants, employees and customers so as not to cause parking congestion or a visual disturbance to the character of the neighborhood.
§ 138-159 Electric vehicle supply equipment (EVSE) charging stations.
A.
EVSE stations shall be permitted as per Attachments 1 through 11.
B.
All EVSE station installations shall meet the National Electrical Code Article 625.
C.
EVSE: Private uses shall be considered an accessory structure and shall meet all requirements related to accessory uses.
D.
EVSE: Public use.
(1)
Charging station outlets and connectors shall be no less than 36 inches high and no higher than 48 inches from the surface where mounted.
(2)
Adequate protections, such as concrete-filled steel bollards with signage attached, shall be installed.
(3)
Adequate site lighting shall be provided.
(4)
For all parking lots for one to 50 spaces associated with a mixed commercial/residential structure, commercial building, townhouse, senior citizen district, or any multiple dwelling, at least one EVSE station shall be located in the common use parking area and shall be available for use by all residents or users. Where parking lots provide for more than 50 spaces, two EVSE stations shall be required.
§ 138-160 Custody of animals not part of a farm operation.
[Amended 11-12-2025 by L.L. No. 4-2025]
Keeping of agricultural animals for personal use and not part of a farm operation as defined in this chapter shall require a permit from the Building Department, shall be allowed in any district only where the acreage requirements pursuant to the table in this section can be met, and shall meet the following requirements:
A.
Locate all structures, barns, manure storage areas, ponds, equipment sheds, silos, and pastures to the rear yard of the property.
B.
Have fencing to fully enclose the area to be used for agricultural animals. All livestock shall be fenced.
C.
Ensure that all animals are kept away from any wetland, stream, floodplain, vernal pool, or other water body on the parcel. No animal shall have direct access to a wetland regulated by the New York State Department of Environmental Conservation or the US Army Corps of Engineers, impoundment, stream, spring, or well on the lot on which the livestock is located.
D.
Have in place methods to remove or manage manure waste from animals.
E.
Have adequate acreage for proper care and feeding of animals as per the table below:
1. | Rabbits | No minimum acreage requirements if rabbits are kept in hutches. Maximum 6 rabbits |
2. | Poultry | 1 acre for 12 birds or less, 2 acres for 13 to 20 birds (chickens, pheasants, ducks, turkeys, geese, guinea fowl). No roosters, peacocks or other fowl permitted |
3. | Livestock | 1 animal per 2 acres |
4. | Sheep, goats | Maximum 1 adult animal per 2 acres |
5. | Alpacas and llamas | Maximum 1 llamas and adult alpacas per 2 acres |
6. | Pigs — finishing/market hogs | Maximum 1 head per 2 acres |
7. | Cattle | 1 adult animal per 2 acres |
8. | Horses | 1 adult animal per 2 acres |
9. | Miniature equine | Maximum 2 adult animals per 2 acres |
F.
Setbacks shall ensure that noise or odors impacts on adjacent properties from the agricultural operation are minimized. There shall be a minimum 50-foot buffer between all buildings and structures used to store feed or other materials or manure from adjacent properties to minimize impacts of noise or odor. Such buffers may consist of plant screening, woodlands, vegetated berms, fences, or natural topographic features. A minimum of 100 feet shall be provided between any area or structure used for the storage of animal wastes and wetlands and waterways.
G.
No roosters, peacock or other fowl shall be allowed.
§ 138-161 Agritourism.
A.
All agritourism activities as defined in this chapter shall require modified site plan approval from the Planning Board per § 138-156.
B.
In cases where the farm operation offers a recreational activity or holds a special event, including charitable events as part of its overall marketing strategy, or where the event is open to the general public, the farm's agricultural products/services are sold at the event and no admission, facility rental and/or vendors fees are involved, these activities shall be considered part of the farm operation. The primary purpose of such events must be to market the farm's agricultural commodities and the events must be sufficiently related to the farm operation. The Planning Board may consult with the New York State Department of Agriculture and Markets on a case-by-case basis to determine whether the Department considers a specific proposal to be eligible as part of a farm operation under AML § 305-a.
C.
Agritourism activities determined to be part of a farm operation shall be subordinate to the farm operation.
D.
Agritourism events and activities must be: 1) directly related to the sale and promotion of the crops (including beverages), livestock, and livestock products produced at the farm; 2) incidental and subordinate to the retail sale of the farm's crops, livestock, or livestock products; 3) hosted by the farm; and 4) feature the farm's crops, livestock, and livestock products. The primary purpose of an agritourism event/activity is to sell the farm's agricultural commodities and not to gain admission fees or other income.
E.
When a bed-and-breakfast is proposed as part of a farm operation, the bed-and-breakfast shall be on the farm parcel in an existing residential structure. There shall be a maximum of 10 guests at any one time.
F.
No parking related to agritourism events shall take place on any public roadway.
G.
The Planning Board may limit the number of vehicles accessing the site per day based on the existing road conditions, adjacent land uses, and activity in order to limit adverse impacts of traffic and noise. All agritourism operations shall have adequate space to meet provide for off-street parking to address parking needs.
H.
Any structure associated with an agritourism activity shall be consistent with the existing character of the neighborhood.
I.
All signs related to the agritourism activity shall meet all requirements for signs of § 138-73. No interior illumination of any sign shall be permitted.
J.
All outdoor lighting shall use fully shielded light fixtures. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties. There shall be no glare beyond the property lines.
K.
The agritourism activity shall not interfere with any agricultural practices conducted on adjacent farms.
§ 138-162 Solar energy installations.
[Amended 1-13-2026 by L.L. No. 1-2026]
§ 138-162.1 Purpose, intent and authority.
[Amended 1-13-2026 by L.L. No. 1-2026]
A.
The purpose of this section is to balance the potential impact on the community when solar collectors may be installed while preserving the rights of property owners to install solar collection systems without excess regulation. The intent is to allow building-integrated photovoltaic (BIPV) systems, flush-mounted solar systems, roof-mounted, building-mounted and pole-mounted solar installations that have a minimal footprint/height to be approved using the building permit process while requiring freestanding, ground-mounted or pole-mounted solar energy system installations over a certain footprint/height, and based upon certain placement, to go through a site plan review and special use permit process before the Planning Board with notification to abutting property owners. This legislation is not intended to override agricultural exemptions that are currently in place for agricultural uses.
B.
Solar energy is a renewable energy resource that can reduce fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid.
C.
The use of solar energy equipment for the purpose of providing electricity and for heating and/or cooling is a national priority and is a necessary component of the Town of Ballston's current and long-term sustainability agenda. The Town of Ballston is in support of energy initiatives for NYS.
D.
Solar energy solutions may provide farms with subsidy for under-utilized or poor performing soils, thereby financially benefitting without adversely affecting the core farming operation.
E.
Authority. This solar energy installations section is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of the State of New York, which authorizes the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town Law of New York State, to make provisions for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight therefor.
§ 138-162.2 Definitions.
[Amended 1-13-2026 by L.L. No. 1-2026]
As used in this §§ 138-162 through 138-162.8, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and subordinate to that of the principal building and is attached thereto, and is located on the same lot or premises as the principal building.
ARRAY AREA
Area of solar panels which compose a complete array. This area includes spaces, including greenspace, between panels.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
A solar energy system that consists of integrating photovoltaic modules into the building structure such as the roof or the facade and which does not alter relief of the roof. A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semi-transparent skylight systems, roofing materials and shading over windows for the purpose of producing electricity for on-site usage or consumption.
COLLECTIVE SOLAR
Solar installation owned collectively through subdivision homeowner association, college student groups, "adopt-a-solar-panel," or other similar arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to the surface of a roof or wall and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is directly installed on the ground and is not attached or affixed to an existing structure.
GLARE
The effect by reflection of light with intensity sufficient to cause annoyance, discomfort or loss in visual performance and visibility in any material respects as determined by the zoning enforcement officer.
HOST COMMUNITY AGREEMENT (HCA)
TA contract between the applicant and the Town of Ballston, whereby such applicant agrees to pay the Town certain funds to support the Town's Purchase of Development Rights (PDR) Program. Any funds received through the Host Community Agreement shall be used to support the Town of Ballston's Purchase of Development Rights (PDR) Program. A standard form HCA is annexed hereto and made a part hereof for reference.[1]
NET METERING
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid, in accordance with Public Service Law § 66-j regulations.
PERMIT GRANTING AUTHORITY
The Town of Ballston authority charged with granting permits for the installation of alternative energy systems.
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity when light strikes them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's or NABCEP's list of certified installers may still be deemed to be qualified solar installers if the Town of Ballston determines such persons to have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of the exposed parts.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structures for the purpose of producing electricity for on-site usage or consumption.
ROOFTOP SOLAR SYSTEM
A solar system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade including the orientation of the streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel or array, or any solar hot air or solar energy collector which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored energy to heat, air or water.
SOLAR EASEMENT
An easement recorded pursuant to the NY Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy and can be stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic, and concentrated solar.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
SOLAR THERMAL SYSTEM
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
SYSTEM AREA
The area within the system's fenced perimeter.
SYSTEM COVERAGE
The percentage of lot area covered by the combined area of all solar panels, equipment, and impervious surfaces within the system area and impervious access roads. This area does not include pervious green space between panels.
TYPE I SOLAR
Residential or small-scale solar with electricity generated. Not to exceed 25 kW. Permitted in all districts and building permit required.
TYPE II-A SOLAR
Agricultural solar, ground-mounted. Electricity generated intended to meet the demand of the proposed or existing agricultural operations in accordance with Public Service Law § 66-j, when applicable. Any systems over 25 kW. Permitted in the Rural District only. Modified site plan review and building permit required.
TYPE II-B SOLAR
Commercial solar, roof-mounted. Any system 25kW or greater. Permitted in Commercial and Industrial District. Site plan review and building permit required.
TYPE III SOLAR
Community solar installation (CSI). Minimum of 60 acres required. Systems must exceed 25kW. Allowed in the Rural District only. Special use permit, site plan review and building permit required.
UTILITY SCALE
Any solar installation 25kW or greater.
[1]
Editor’s Note: Said form is included as an attachment to this chapter.
§ 138-162.3 Applicability.
A.
The requirements of this chapter shall apply to all solar collector system installations modified or installed after the effective date of this chapter.
B.
Solar collector system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this chapter, shall not be required to meet the requirements of this chapter.
C.
All solar collector systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards.
D.
Solar collectors, unless part of a Type III system, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net-billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
E.
General regulations:
(1)
Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks.
(2)
Solar collectors and related equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties or any Town, county or state road.
(3)
All solar energy systems shall adhere to the New York State Uniform Fire Prevention and Building Code including but not limited to weight load, wind resistance, ingress, or egress in the case of fire or other emergency.
(4)
All solar collector installations must be performed by a qualified solar installer.
(5)
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
(6)
Any connection to the public utility grid must be inspected by the appropriate public utility.
(7)
Solar energy systems shall be maintained in good working order.
(8)
If solar storage batteries are included as part of the solar collector system, they must meet the requirements of the New York State Uniform Fire Prevention and Building Code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.
(9)
All vegetation and landscaping screening shall be adequately and continually maintained in good order, per the plans and specifications approved by the Planning Board, for the entire period the solar energy system operates.
(10)
The applicant shall provide a landscaping security equal to at least the installed cost of vegetative screening required by the Planning Board for five years to provide surety that the Town can maintain or repair vegetative screening, in the event the applicant defaults and fails to maintain the screening. Such security shall be in a form and amount deemed acceptable by the Town designated engineer and attorney.
F.
Planning Board site visits will be required for all Type II and Type III solar installations. A majority of the Planning Board members shall conduct a site visit before approval. The Planning Board members shall be accompanied by the applicant's design professional. These site visits are to give the Planning Board members a personal perspective of the site, regarding topography, existing site conditions such as farm fields, forest, hedgerows or neighboring residences and how the site may be buffered.
§ 138-162.4 Permitting.
A.
Type I, Residential or small-scale solar energy (not to exceed 25kW). Small-scale solar energy installations shall be permitted by right in all districts of the Town. They are considered accessory structures and impervious surfaces. They must comply with all area and bulk regulations for the district in which they are located. All such installations require a building permit.
(1)
Rooftop and building-mounted solar collectors.
(a)
In order to ensure firefighter and other emergency responder safety there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors. Additionally, installations shall provide for adequate access and spacing in order to:
[1]
Ensure access to the roof;
[2]
Provide pathways to specific areas of the roof;
[3]
Provide for smoke ventilation opportunity areas;
[4]
Provide emergency egress from the roof.
(b)
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
[1]
Unique site-specific limitations;
[2]
Alternative access opportunities (as from adjoining roofs);
[3]
Ground-level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the Town;
[5]
Adequate ventilation opportunities afforded by panel setback from other rooftop equipment (for example, shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[6]
Automatic ventilation device;
[7]
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
(2)
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted outright in all zoning districts. BIPV systems shall be shown on the plans submitted for the building permit application for the building containing the system.
(3)
Solar-thermal systems. Solar-thermal systems are permitted in all zoning districts subject to the following condition:
(a)
Building permits are required for installation of all solar-thermal systems.
(4)
Solar energy systems and equipment shall be issued building permits only if the Town of Ballston Building Inspector determines that the proposed solar energy system does not present any unreasonable safety risks, including, but not limited to, the following:
(a)
Weight load.
(b)
Wind resistance.
(c)
Ingress or egress in the event of fire or another emergency.
(5)
Ground-mounted systems shall be on parcels of two acres or more. These systems will be considered accessory structures. System height shall not exceed 12 feet from average grade.
B.
Type II-A, Agricultural solar systems. Only allowed in the Rural District and must meet all area and bulk regulations for that zoning district. Modified site plan review and building permit required. Any solar installation in the Agricultural District must follow NYS Department of Agriculture and Markets current guidelines for solar energy projects. Electricity generated intended to meet the demand of the proposed or existing agricultural operations in accordance with Public Service Law § 66-j, when applicable.
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(1)
Where the owner of the property is different than the site host of a solar energy system, the owner of the property shall provide an affidavit or evidence of agreement between the property owner and the solar energy system's owner/operator verifying that the system owner/operator has the permission of the property owner to install and operate the solar energy system.
(2)
General provisions. All applications for Type II-A agricultural solar installation will be in accordance with the following:
(a)
Development and operation of a solar energy system shall not have a significant adverse impact on agricultural activities or on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Ballston or any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(c)
All structures and devices used to support solar collectors shall be nonreflective (such as galvanized steel) and/or painted a subtle or earth tone color.
(d)
Any site containing a Type II-A agricultural solar energy system shall contain fencing enclosing all solar energy system components that present safety hazards. The fencing shall be in compliance of National Electrical Code Section 110.31. Fencing and gates shall be a minimum of seven feet in height, sufficient for preventing entry.
(e)
Screening: Berms, landscape screen, or conifer trees, or any combination thereof acceptable to the Town capable of screening the site, shall be provided along any property line that abuts an existing residence and public roadways.
(f)
There shall be 250 feet minimum separation from neighboring residences to agricultural solar system. For residences on the same property as the agricultural solar system, there shall be a minimum of 100 feet separation.
(3)
All topsoil will be saved and reused upon the site. Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(4)
Applications for Type II-A agricultural solar energy systems shall meet the following additional criteria:
(a)
Documentation of access to the project site(s), including the location of all access roads, gates, parking areas, etc.
(b)
A plan for clearing and/or grading of the site. If necessary, a plan for stormwater management and erosion control of the site.
(c)
After completion of a Type II agricultural solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.
(5)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner. A solar energy system shall be deemed abandoned when it fails to produce energy for at least six months. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(b)
For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.
(c)
The applicant for a utility-scale solar energy system where the system is the principal use on a lot shall, as a condition of the special use permit and upon each renewal, provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town. The amount shall be based upon the estimated decommissioning costs. Salvage value shall not be included in the estimated decommissioning costs. It is intended to cover, in whole, the cost of decommissioning in the event the Town must remove any utility-scale solar energy systems and associated structures/components, as well as restore the site subsequent to such removal in accordance with the approved decommissioning plan. Upon successful completion of all decommissioning activities, any remaining portion of the posted financial surety shall be returned to the applicant. Such financial surety shall not be required for municipally or state-operated solar energy systems.
C.
Type II-B, Commercial solar systems (over 25kW). Allowed in all Commercial and Industrial Districts but must meet all area and bulk regulations for that zoning district. Systems shall be roof-mounted only. Site plan review and building permit required.
(1)
Where the owner of the property is different than the site host of a solar energy system, the owner of the property shall provide an affidavit or evidence of agreement between the property owner and the solar energy system's owner/operator verifying that the system owner/operator has the permission of the property owner to install and operate the solar energy system.
(2)
General provisions. All applications for Type II-B commercial solar installations will be in accordance with the following:
(a)
Development and operation of a solar energy system shall not have a significant adverse impact on agricultural activities or on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Ballston or any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(c)
All structures and devices used to support solar collectors shall be nonreflective (such as galvanized steel) and/or painted a subtle or earth tone color.
(d)
The applicant is required to show the locations of all underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.
(3)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner. A solar energy system shall be deemed abandoned when it fails to produce energy for at least six months. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(b)
For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the site plan application. The decommissioning plan shall identify the anticipated life of the project, method, and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.
(c)
The applicant for a utility-scale solar energy system where the system is the principal use on a lot shall, as a condition of the special use permit and upon each renewal, provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town. The amount shall be based upon the estimated decommissioning. Salvage value shall not be included in the estimated decommissioning costs. It is intended to cover, in whole, the cost of decommissioning in the event the Town must remove any utility-scale solar energy systems and associated structures/components, as well as restore the site subsequent to such removal in accordance with the approved decommissioning plan. Upon successful completion of all decommissioning activities, any remaining portion of the posted financial surety shall be returned to the applicant. Such financial surety shall not be required for municipally or state-operated solar energy systems.
D.
Type III, Community solar installation (CSI) is only in the Rural District and requires a minimum of 60 acres total to qualify. If the adjacent property is under the same ownership, the total acres of the commonly owned, contiguous property count toward the total 60 acres. System coverage shall not exceed 20% and the system area shall not exceed 35% of a parcel if the property is located within the Watershed Overlay District. For other districts, there is no coverage maximum. For the purpose of calculating system coverage, solar collectors are considered both structures and impervious surfaces. Special use permit, site plan review and building permit required. Any solar installation in the Agricultural District must follow NYS Department of Agriculture and Markets current guidelines for solar energy project. See below for illustration of solar energy system siting and requirements.
(1)
Where the owner of the property is different than the site host of a solar energy system, the owner of the property shall provide an affidavit or evidence of agreement between the property owner and the solar energy system's owner/operator verifying that the system owner/operator has the permission of the property owner to install and operate the solar energy system.
(2)
General provisions. Total CSI system area shall not exceed 150 acres Town-wide (solar already installed prior to the adoption of Local Law 3 of 2021 does not count against this allowance) and will be in accordance with the following:
(a)
Development and operation of a solar energy system shall not have a significant adverse impact on agricultural activities or on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Ballston or any federal or state regulatory agencies.
(b)
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(c)
All structures and devices used to support solar collectors shall be nonreflective (such as galvanized steel) and/or painted a subtle or earth tone color.
(d)
Any site containing a Type III CSI shall contain fencing enclosing all solar energy system components that present safety hazards, including all solar panels and ground-mounted equipment. The fencing shall be in compliance of National Electrical Code Section 110.31. Fencing and gates shall be a minimum of seven feet in height and chain link or other barrier sufficient for preventing entry.
(e)
Screening: berms, landscape screen, or conifer trees, or any combination thereof acceptable to the Town capable of screening the site, shall be provided along any property line that abuts an existing residence and public roadway.
(f)
Maximum height is 20 feet.
(g)
In no case shall solar equipment or fencing be located within 200 feet of any public road right-of-way or closer than 100 feet from any adjoining property, unless the adjacent property is under the same ownership, at which time zero setback may be allowed along the commonly shared property line. Additionally, when the adjacent property is owned by an energy providing utility and used for the purpose of a transmission line corridor or electrical substation, the minimum setback distance shall be determined at the discretion of the Planning Board.
(h)
There shall be 250 feet minimum separation from neighboring residences to CSI. For residences on the same property as the CSI, there shall be a minimum of 100 feet separation.
(3)
Applications for Type II-B commercial solar energy systems shall provide a site plan of the system with elevations.
(4)
All topsoil will be saved and reused upon the site. Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(5)
Applications for Type III CSI shall meet the following additional criteria:
(a)
Photo simulations shall be included, showing the proposed solar energy system in relation to the building/site, along with elevation views and dimensions, and manufacturer's specs and photos of the proposed solar energy system, solar collectors, and all other components. If tracking panels are used, photo sims must be segmented throughout the day, at least four separate times, three hours apart.
(b)
Documentation of access to the project site(s), including the location of all access roads, gates, parking areas, etc.
(c)
After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.
(d)
All CSIs must provide a SWPPP (stormwater pollution prevention plan) at time of review. All Town and state stormwater management practices must be complied with.
(e)
Applicants shall include the following: A Property Operation and Maintenance Plan that describes photovoltaic maintenance, continuing site maintenance, anticipated dual-use, and property upkeep, such as screening, mowing, and trimming. All proposed Maintenance Plans shall be filed with the Town within 60 days from the date of final project approval and shall provide for annual inspections, at the expense of the applicant/operator/property owner. Such Maintenance Plan shall indicate the ownership of the solar field and the Plan shall be updated and executed upon any transfer of ownership of the solar energy installation or the solar field. Such proposed Maintenance Plan shall include a regular periodic maintenance schedule, any special maintenance requirements, and procedures and notification requirements.
(6)
All projects are subject to payment in lieu of tax (PILOTS). Any funds received by the Town through the PILOT process will be used for planning and support of the Purchase of Development Rights (PDR) Program. Final PILOT agreement must be accepted by the Town prior to issuance of building permit in addition to any other conditions deemed necessary to mitigate any identified potential impacts, the Town may require all Applicants to negotiate, agree upon and enter into a Host Community Agreement with the Town. The final Host Community Agreement shall be accepted and executed prior to the issuance of a building permit.
(7)
Special use permit shall expire on the earlier of: (i) after 35 years from the beginning of operation, or (ii) upon decommissioning of system. If technology changes and a significant upgrade is proposed to an existing CSI or it is no longer operational, the applicant/owner shall apply for a new special use permit and site plan review.
(8)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner of the system.
(b)
The solar energy system shall be deemed abandoned when it fails to produce energy for at least six months. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(c)
For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs without crediting any material salvage value.
(d)
The applicant for a utility-scale solar energy system where the system is the principal use on a lot shall, as a condition of the special use permit and upon each renewal, provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town. The amount shall be based upon the estimated decommissioning costs. Salvage value shall not be included in the estimated decommissioning costs. It is intended to cover, in whole, the cost of decommissioning in the event the Town must remove any utility-scale solar energy systems and associated structures/components, as well as restore the site subsequent to such removal in accordance with the approved decommissioning plan. Upon successful completion of all decommissioning activities, any remaining portion of the posted financial surety shall be returned to the applicant. Such financial surety shall not be required for municipally or state-operated solar energy systems.
(e)
In the event of a default or abandonment of the system, the Town will provide written notice to the applicant, system operator and the owner of the real property and direct decommissioning. In the event that the applicant, system operator or owner of the real property fail to comply, the Town may proceed as it deems appropriate, including but not limited to implementing and enforcing all rights associated with decommissioning.
E.
Host community agreements. Nothing within this §§ 138-162 through 138-162.8 shall be construed as to limit the ability of the Town to enter into Host Community Agreements with any applicant to compensate the Town of Ballston for expenses and further to provide funds for use by the Town of Ballston for the Town's Purchase of Development Rights (PDR) Program. All projects are required to enter into Host Community Agreements with the Town of Ballston prior to the issuance of a building permit for any Type III CSI. The Host Community Agreement must be accepted and approved by the Building Department, Town designated engineer and attorney.
§ 138-162.5 Transfer of ownership or system.
The Town of Ballston Building Department shall be given 10 days' written notice of any transfer of ownership of the property and/or the system.
§ 138-162.6 Safety.
A.
All solar collector installations must be performed by a qualified solar installer if the installation is by other than the homeowner.
B.
Prior to operation, electrical connections must be inspected by the Code Enforcement Officer and by an electrical inspection person or agency as determined by the Building Inspector in conformance with State Building Code.
C.
Any connection to the public utility grid must be inspected by the appropriate public utility.
§ 138-162.7 Enforcement.
Any violation of this solar energy installations section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town of Ballston.
§ 138-162.8 Appeals.
A.
If an individual is found to be in violation of the provisions of this zoning chapter, appeals should be made in accordance with established procedures of the Town of Ballston Code.
B.
If a building permit for a solar energy device is denied because of a conflict with other Town law or the building code, the applicant may seek relief from the Town of Ballston Zoning Board of Appeals which shall regard solar energy as a factor to be considered, weighed and balanced along with other factors considered by the Zoning Board of Appeals.
§ 138-163 Accessory apartments.
A.
Only one accessory apartment shall be allowed per parcel, whether within an accessory structure or within the principal residential dwelling.
[Amended 5-14-2024 by L.L. No. 3-2024]
B.
Accessory residential dwellings in an accessory structure. One accessory residential dwelling in an accessory structure is permitted per lot, subject to the granting of a special use permit by the Planning Board as allowed pursuant to Attachments 2 through 11. All of the following standards shall be met for such use:
(1)
The accessory structure used for an accessory residential dwelling must be subordinate to the nature of use and size of the principal residence on the lot.
(2)
The accessory residential dwelling shall not be located in a front yard of the lot and shall only be permitted in a side or rear yard. The accessory residential dwelling shall comply with all minimum yard setback and maximum lot coverage requirements as provided in the district.
(3)
The maximum building footprint for accessory residential dwelling in an accessory structure shall not exceed 1,000 square feet.
(4)
Accessory residential dwellings in an accessory structure shall not be allowed on any existing undersized lots.
(5)
The special use permit shall be issued to the owner of the principal dwelling and lot.
(6)
One additional space for parking vehicles shall be required for an accessory residential dwelling in an accessory structure.
(7)
The accessory structure shall be constructed and installed in accordance with Chapter B of the New York State Uniform Fire Prevention and Building Code, the New York State Energy Code and any other applicable laws, ordinances and/or regulations of the Town of Ballston.
(8)
Board of Health approved water supplies and sanitary systems shall be required prior to granting of any permit for an accessory residential dwelling. The accessory residential dwelling in an accessory structure may share a common well and/or septic system with the primary dwelling provided the system has adequate capacity to serve both dwellings and if approved by the Board of Health. If a separate system is necessary, all other standards, setbacks and requirements of this chapter and of the Board of Health shall be met.
C.
Accessory residential dwelling within (interior) a principal dwelling. Accessory residential dwellings located within a principal dwelling shall be a permitted use and do not need Planning Board approval, but shall meet all of the following criteria:
(1)
Any alterations to the principal dwelling shall be performed in a manner that retains the existing character of the principal dwelling. The accessory residential dwelling shall be subordinate to the principal dwelling.
(2)
The existing foundation and footprint of the principal dwelling may be altered or extended to accommodate the accessory residential dwelling within the principal dwelling no more than 25% of the total square footage of the single-family dwelling.
(3)
The accessory residential dwelling shall be self-contained within the principal dwelling unit. The accessory residential dwelling shall contain separate cooking, sleeping and sanitary facilities from the principal dwelling.
(4)
The accessory residential dwelling within a single-family primary dwelling shall not occupy more than 40% of the square footage of that single-family dwelling.
(5)
The conversion of any existing single-family primary dwelling to accommodate an accessory residential dwelling is limited to one accessory residential dwelling per principal dwelling.
(6)
There shall be at a minimum two parking spaces on the lot. At least one parking space shall be for the principal dwelling and one parking space shall be for the accessory residential dwelling. The parking spaces shall not encroach on any required yard or setback area.
(7)
Board of Health approved water supplies and sanitary systems shall be required prior to granting of any building permit for an accessory residential dwelling.
§ 138-164 Accessory structures.
A.
Except for agricultural structures, no accessory structure shall exceed 20 feet in height in any residential district. In any business district, an accessory structure shall not exceed 30 feet in height. In all districts, accessory structures shall not exceed the height of the primary building on the lot.
B.
See attachments for all setbacks that may be required for accessory structures.
C.
No accessory use or structure, including garages, sheds, swimming pools and tennis courts, may be located in the front yard of any residential lot. However, architectural features, such as trellis, patio, awnings, and fences, may be located in the front yard of a lot.
D.
No accessory structure shall be placed within the area between the shore and the high water mark.