Ballston Town City Zoning Code
ARTICLE VII
Rural District Regulations
§ 138-18 Uses permitted.
All uses permitted and all uses requiring a special use permit are listed on the Table of Uses, Area, Frontage and Setback Requirements for the Rural District located at the end of this chapter (Attachment 6).[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 138-19 Area requirements.
A.
All area requirements for each use are so indicated on the Table of Uses, Area, Frontage and Setback Requirements for the Rural District located at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Flag lots are permitted in the Rural District only per § 104-13E of the Ballston Town Code (Subdivision Regulations) and with a minimum frontage of 60 feet. Flag lots shall not be further subdivided.
C.
No density bonus shall be allowed to be used within the Rural District.
D.
See also Article XXI (Lot Requirements) and Article XXXIII (Other Supplementary Requirements) for other area requirements.
§ 138-20 Purpose and intent.
As set forth in the Comprehensive Plan, the area of the Town defined by this District is highly valued for its agricultural land uses, undeveloped lands, natural resources, rural character and contributions to the Town's overall quality of life. It is characterized by working agricultural landscapes and open spaces, mixed with low-density single-family residential development and an occasional small-scale commercial use. Much of the land area within this district is also included in a certified New York State Agricultural District. The purpose of the Rural District is to promote agricultural land uses, low-density residential development and limited commercial uses in a manner that balances economic opportunity with preservation of farming, rural lifestyles, and community character. The Rural District is identified in the Comprehensive Plan as not suitable for higher density growth, nor for water and sewer infrastructure.
§ 138-21 Design guidelines.
In the Rural District, the following principles shall be observed for the siting of all residences, businesses, and accessory structures as allowed per Attachment 6.
A.
Rural District siting and lot layout.
(1)
Retain and reuse existing old farm roads and country lanes rather than constructing new roads or driveways to the maximum extent practical. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)
(2)
Preserve stone walls and hedgerows to the maximum extent practical. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.
(3)
Where feasible and practical, avoid placing buildings in the middle of open fields. Place them either at the edges of fields or in wooded areas. Septic systems and leach fields may be located in fields, however.
(4)
Unless buildings are designed traditionally and located close to the road in the manner historically found in the Town, use existing vegetation and topography to buffer and screen them.
(5)
Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Use curves in the driveway to increase the screening of buildings.
(6)
Site buildings so that they do not protrude above treetops and crestlines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, open up views by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.
(7)
Protect steep slopes. Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walk-out basements, garages under buildings), rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas. Use best management practices for erosion and sedimentation control, as recommended by the Saratoga County Soil and Water Conservation District or other natural resource agencies.
B.
Rural District subdivision design and density standards. For all subdivisions in this district, the rural design guidelines set forth in § 104-14 of the Ballston Town Code shall be applied in addition to the above for all subdivisions. Density shall be calculated as net acreage as per § 138-157.
C.
Conservation subdivision requirement. All major subdivisions in the Rural District shall be designed as a conservation subdivision as per the provisions of Article X of Chapter 104 of the Ballston Town Code and with a minimum of 50% of the lot permanently preserved as open space. There shall be a one-acre minimum lot size within a conservation subdivision when public water and sewer are not provided for.
D.
Protection of farmlands and farm operations. For all site plan, special use permit, and subdivision approvals in the Rural District, areas of land disturbance on the parcel shall be identified, and developable areas located in a manner to protect the maximum amount of prime and statewide important farmland soils and active agricultural operations that may be present insofar as practical as follows:
(1)
Avoid prime farmlands and soils of statewide importance and place building envelopes on the least fertile soils for agricultural uses and in a manner which permits access to active agricultural land.
(2)
Along the far edges of open fields adjacent to any woodland, to reduce impact on agricultural operations and to enable new construction to be visually absorbed by natural landscape features.
(3)
Buffers between farm and nonfarm uses, and protection of agricultural lands. All minor and major subdivisions and commercial developments in the Rural District shall provide for a minimum 200-foot buffer between itself and any existing active agricultural operations that share all or part of a common lot line with such proposed development. Such buffers shall be established to reduce the exposure of new nonfarm uses to odors, noise, and other potential nuisances associated with the agricultural operation and to protect the agricultural operation from potential complaints related to same.
(a)
When a buffer between farm and nonfarm uses is required, the following standards shall be met:
[1]
Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.
[2]
It shall be the responsibility of the nonfarm applicant, subject to approval by the Planning Board, to provide an effective buffer.
[3]
No residential structure or residential accessory structures shall be placed within a buffer.
[4]
Areas designated as agricultural buffers may be included in any required open space designation.
[5]
When an agricultural buffer is required by the Planning Board, it shall be included as a condition of approval which shall also state ongoing maintenance to retain effectiveness of buffer areas. Such condition shall be binding upon successors in title.
(b)
The 200-foot minimum agricultural buffer may be reduced to 150 feet by the Planning Board only when certain features are proposed or present that mitigate potential adverse impacts associated with the interaction of farm and nonfarm uses. Mitigations eligible for a reduced buffer width include:
[1]
Maintenance of topographic features such as hills that substantially screen and separate the farm and nonfarm use;
[2]
Permanent protection via an easement or deed restriction of natural vegetation at least 50 feet wide;
[3]
Establishment of a vegetated berm that substantially screens and separates the farm and nonfarm use;
[4]
Permanent protection of vegetated ridgelines;
[5]
Provision of other physical barriers such as fencing provided they allow for the passage of wildlife.
E.
Density and lot size requirements.
(1)
Density for the Rural District is one dwelling per five acres with a minimum lot size of one acre without water and sewer as per Attachment 6.
(2)
Use of density bonuses in the Rural District are prohibited.
(3)
Residential density for all parcels in the Rural District shall be based on a net acreage calculation as per § 138-157.
F.
Average lot size. The use of average lot size may also be included in the subdivision design pursuant to Article XXVIII, § 138-157 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 the district.
G.
Commercial size limitations. No permitted nonfarm business or commercial use as may be allowed per Attachment 6 shall exceed 2,500 square feet building footprint.
H.
Linkages. Creation of trail and pathway connections and linkage of protected opens spaces are an important amenity desired in the Town. As such, all open spaces required as part of any conservation subdivision shall be laid out to be adjacent to and/or linked with adjacent protected open spaces to the maximum extent feasible. Additionally, the Planning Board shall require pedestrian paths, trails, or bike routes to be included in a subdivision or site plan design within or between parcels to connect any open spaces that may exist or be created. In so doing, plans, diagrams or illustrations shall be reviewed and approved by the Planning Board as part of the subdivision or site plan approval process.