To provide for the protection, preservation, proper maintenance and use of Town watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion; turbidity or siltation; a loss of wildlife and/or vegetation, and from the destruction of the natural habitat thereof.

To provide for the protection of the Town's potable fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement.

Cutting restrictions. In the case of the shoreline of all lakes, ponds, rivers, streams, swamps, or wetlands and the shoreline of the Schroon River, the removal of vegetation, including trees, shall be permitted on shorefront lots, provided that the following standards are met:

Shoreline setbacks. The minimum setback on all bodies of water measured from the mean high water mark to all principal buildings and accessory structures in excess of 100 square feet cumulatively, other than docks or boathouses, shall be 50 feet in the GB-5000 and RCH-5000 zones; 75 feet in the RM-1.3, RCM-1.3, RL, RCL and RIL zones, and 100 feet in the LC-25, LC-45, RR-5 and RR-10 zones.

Minimum lot width. The minimum lot width measured along the shoreline for each one-family residential structure shall be 60 feet in the GB and RCH zones; 150 feet in RM-1 and RCM-1 zones; 210 feet in the RL-3, RCL-3 and RIL-3 zones; 250 feet in RR-5 and RR-10, and 400 feet in LC-25 and LC-45 zones.

Minimum shoreline frontages. The following minimum shoreline frontages shall be required for deeded or contractual access to all such lakes, ponds, rivers or streams for one lot, parcel, or site or multiple-family dwelling unit not having separate and distinct ownership of shore frontage. A total of not less than 125 linear feet of shoreline in the GB, RCH, RM-1 and RCM-1 zones; 175 feet in the RL, RCL and RHS zones; 250 feet in the RR-5 and RR-10; and 400 feet in the LC-25 and LC-45 zones for the first lot and each additional lot will require an additional 10 linear feet of shoreline frontage.

Sewage facilities. Except as otherwise herein provided, in the case of all lakes, ponds, rivers, streams, swamps or wetlands, the minimum setback of any on-site sewage drainage field or seepage pit shall be 100 feet from the mean high water mark, irrespective of the zoning district or land use classification. In the case of Lake George, Trout Lake, Edgecomb Pond and Schroon River, any septic system or sewage facility shall meet the requirements of Section 3.020 of the General Standard of Sanitary Sewage Disposal Ordinance of the Town of Bolton.

There shall be neither removal of vegetation nor any grading within 10 feet from the top of the slope of any stream bed or drainageway.

Nothing herein shall be deemed to preclude the application of appropriate shoreline restrictions to new uses other than one-family residential structures subject to site plan review or otherwise by this chapter.

Within 1/4 mile of the mean high water mark of the Schroon River, in the LC-25, LC-45, RR-10, RR-5, RIL-3 Zoning Districts, an Adirondack Park Agency permit is required for all uses. Also applicable are: a shoreline setback of at least 150 feet, or the shoreline setback of the affected zoning district, whichever is greater; and special vegetative cutting restrictions. An APA permit or determination of non-jurisdiction must be obtained prior to issuance of a site plan review and/or building permit.

The minimum area necessary for siting a ski center is 50 acres. No ski center may be established on a parcel or aggregate parcels less than 50 acres in size.

Such facilities shall include, but not be limited to, amenities for skiing, snowboarding, tubing, mountain biking and similar outdoor recreational activities.

Ski centers are considered a Type I Use permitted by site plan review, also requiring a Class A regional permit from the APA.

Weatherproofing.

Ventilation.

Drainage.

Dry storage for feed.

Secure enclosure - fence, cage, barn, etc.

Bulk storage must be:

Soil application must:

Horse and cattle.

Pigs.

Goats and sheep (or equivalent).

Chickens (and other fowl) and rabbits (and other small mammals).

Standards for accommodations of animals not covered by § 200-42 will be determined by the Planning Board with help from the Warren County Cooperative Extension Service.

Slopes caused by the excavation shall not exceed 30%.

Depth of excavation shall approach no closer than five feet to the average high point of the groundwater table measured annually.

Stockpiled material shall not exceed 35 feet.

An undisturbed fifty-foot buffer zone shall surround the excavation within the limits of the property.

The entry into the excavated area shall be curved so as to prevent a direct view from the public right-of-way.

The provisions of the Soil Erosion Standards shall govern all excavations.

An undisturbed seventy-five-foot buffer zone shall separate the excavation from any stream bed.

When land is exposed during development, the exposure should be kept to the shortest practicable period of time and the smallest amount of land possible.

Grading and development shall preserve salient natural features such as trees, groves, natural terrain, waterways and other similar resources, keep cut and fill operations to a minimum and ensure conformity to existing topography so as to create the least erosion potential and adequately accommodate the volume and rate of velocity of surface runoff.

Disturbed soils shall be stabilized as soon as possible. Temporary vegetation and/or mulching shall be used to protect exposed land areas during construction.

Permanent vegetation shall be successfully established and erosion control structures shall be installed within a time specified on the building permit. Wherever feasible, natural vegetation shall be retained and protected.

Topsoil removed from areas for structures shall be redistributed within the boundaries of the lands in question so as to provide suitable base for seeding and planting.

The development shall be fitted to the topography and soils to create the least erosion potential.

Provision shall be made prior to, during and after construction to dispose of increased runoff caused by changed surface conditions, in a manner which minimizes danger of flooding, erosion and pollutants from urban runoff entering lakes, streams or rivers.

Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment runoff waters from land undergoing development. Provisions shall be made to prevent surface water from damaging the cut face of excavations, fills, or sloping surfaces.

The control of erosion and sediment shall be a continuous process undertaken as necessary prior to, during and after site preparations and construction. Sedimentation control measures shall be installed as part of site preparation prior to beginning any construction.

Fills shall not endanger adjoining property nor divert water onto the property of others. Maximum cut or fills shall be six feet for all construction; however, this limitation shall not be applicable to any cut or fill required for the placement of a basement under a building.

Fills shall not encroach on natural watercourses, constructed channels or floodway areas. Fills placed adjacent to, or having impact on, natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding. There will be no discharge of sediment or other material into the watercourses.

All fill material shall be of a composition suitable for the ultimate use of the fill, free of rubbish and carefully restricted in its content of brush, stumps, tree debris, rocks, frozen material, and soft or easily compressible material. Fill material shall be compacted sufficiently to prevent problems of erosion.

Grades of at least one-half percent and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within site plans, in which event there shall be sufficient water flow to maintain proposed water levels and avoid stagnation.

No development shall be permitted in a floodway if such development shall raise water surface elevation of the base flood at any point in the community.

The rate of surface runoff shall not be increased by new construction. Whenever possible, drainage shall be sheet drained into earthen swales and collected in a detention or retention basin. Where soils permit, the water shall be allowed to percolate into the soils. Where clayey soils occur, water shall be collected during storm periods and released slowly into existing streams and drainage channels.

During grading operations, appropriate measures shall be taken for dust control.

Grading equipment shall not be allowed to enter into or cross any watercourse, except in accordance with the best management practices as defined in the building permit.

Whenever lawns are established, areas of natural vegetation shall be maintained to filter fertilizers, pesticides or other chemicals before the runoff enters natural streams or drainage channels. Property owners shall be encouraged to leave natural vegetation rather than develop lawns.

Boat ramps shall be limited to public boat launch sites and commercially operated boat launches.

Boat ramps shall be designed to accommodate most runoff before it enters the lake or river.

Each application for such a license shall be in writing signed by the applicant and filed in triplicate with the Town Clerk.

Such application shall be accompanied by 10 complete sets of plans and specifications prepared and certified by a registered architect, licensed professional engineer or licensed surveyor. Such plans shall show the date thereof and the name of the applicant, be drawn to a scale of 20 feet to one inch, show contours at two-foot intervals, indicate the north point thereof, and shall show and identify:

Such application shall be accompanied by letters or other acceptable certificates indicating compliance by the applicant with all pertinent rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, Adirondack Park Agency and, if within the Lake George Park, the Lake George Park Commission, and the approval of the Town Sanitary Inspector.

If the applicant is not the owner of the premises upon which the proposed court or campground is to be located, such application shall also be accompanied by an original or certified copy of a lease of the premises to the applicant, and a statement signed and acknowledged by the owner of the premises, consenting that the premises be used as a transient mobile home court or campground.

Such application shall be accompanied by the proper application fee as hereinafter provided.[1]

Upon receipt of a license application as hereinabove provided, the Town Clerk shall indicate the date of receipt thereon and promptly transmit one copy of the application and all accompanying plans and specifications and other supporting documents to the Zoning Administrator, and one copy thereof to the Town Planning Board for review and report pursuant to § 271 of the Town Law of the State of New York. The Town Clerk shall also place notice in the official Town newspaper to the effect that such application has been filed.

The Zoning Administrator shall promptly ascertain whether the court or campground complies with the requirements of this chapter, with § 43-0119 of the Environmental Conservation Law, if applicable, and the applicable rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, the Adirondack Park Agency and the Lake George Park Commission. The Zoning Administrator shall, after such investigation, and within 45 days of the date of receipt of the application by the Town Clerk, transmit his written approval or disapproval of the application and his recommendation pertaining thereto to the Planning Board.

Planning Board Review and Public Hearing. In consultation with the Chairman of the Planning Board, the Zoning Administrator will decide if a public hearing of the Planning Board is necessary. Said decisions must be made within 15 days of receipt of the full application by the Town Clerk. If a public hearing is required it must be scheduled within 45 days of receipt of the full application by the Town Clerk.

Lake George Park Commission. If the application is for lands within the Lake George Park, a public hearing must be held pursuant to § 43-0119 of the Environmental Conservation Law.

Decision of the Planning Board.

Planning considerations. Along with other considerations required by this chapter, the Planning Board shall promptly consider the location and the general arrangement of the court or campground, including the location and width of streets, the location, size and arrangement of the lots; the location of entrances and exits; and the location, type and extent of landscaping and screening materials.

Issuance of license for mobile homes. If the applicant is approved by the Planning Board, the Town Clerk shall, upon receipt of the applicable license fee herein provided, together with the actual cost to the Town of any engineering or other similar services incurred by the Town in consideration of the application, issue a license to be effective from the date thereof, through the 31st day of December next succeeding. Such license shall specify the uses of each lot on the premises and shall designate the number of lots for dependent and for other mobile homes.

No such license shall be transferable or assignable.

Expansions of existing facilities. Any person holding a license for a transient mobile home court or campground, and desiring to add additional lots to such court or campground shall be considered as an original applicant.

Site.

Accessibility.

Parking.

Utilities and service facilities. The following utilities and service facilities shall be provided and shall be constructed and maintained in accordance with all requirements, rules and regulations of the New York State Department of Health, the Sanitary Code of the State of New York, and the Lake George Park Commission, where applicable.

Open space and landscaping.

Required records. The owner or operator of every transient mobile home court or campground shall keep a permanent record in writing of all persons occupying or using the facilities of such court, which shall include the following:

Required fees. Besides the fees required by site plan review, the fee for a transient mobile home court or campground shall be $2 multiplied by the number of lots to be authorized by the license.

Administrator. The Zoning Administrator or other authorized representative of the Town of Bolton shall have the right, at any reasonable time, to enter any transient mobile home court or campground, and shall have the right to inspect all parts of said court or campground, and to inspect the records above required.

Violations. If the Zoning Administrator or authorized representative of the Town finds that any such court or campground is not being maintained in a clean and sanitary condition, or is not being conducted in accordance with the provisions of this chapter or any other ordinance, rule or regulation, the Zoning Administrator shall issue an order in writing upon the holder of the license, or the person in charge of said court or campground, directing the conditions therein specified to be remedied within the time specified in said order.

Revocation of license. If such conditions are not corrected within such period, the Zoning Administrator may cause a notice in writing to be served upon the holder of said license, or the person in charge of such court or campground, requiring the holder of the permit to appear before the Planning Board at a time to be specified in such notice and to show cause why such permit should not be revoked. The Planning Board may, after a hearing at which testimony of witnesses may be taken and the holder of the license shall be heard, revoke such license, or refuse to renew it at the next renewal date. Upon the revocation of or refusal to renew any such license, the premises shall forthwith or thereupon cease to be used for the purposes granted in said license, and all dependent or other mobile homes shall forthwith be removed therefrom. Said revocation would be in addition to other fines and/or imprisonment authorized by this chapter.

Annual application. An applicant for the annual renewal of any transient mobile home court or campground license or under the chapter must be filed with the Town Clerk on or before the first day of December of each year. The renewal application shall be in writing and signed by the applicant and shall contain the same information as required in the original application for a license. Such renewal application need not be accompanied by a plan of such court or campground, unless substantial changes have been made, nor by a copy of the lease of the premises, unless a new lease has been entered into subsequent to the time of filing the previous application. Upon review and approval by the Zoning Administrator, a renewal license shall be issued effective upon the expiration of the prior license and, subject hereto, shall continue in force for a period of one year. Such renewal license shall not be transferred or assigned. The applicant shall, at the time renewal license is issued, pay the required fee.

Denial. The renewal license may not be denied except on due cause as provided in Subsection F(1), (2) and (3) above, and then only be resolution of the Planning Board.

Temporary location. No occupied dependent, transient mobile home or other mobile home shall be parked or allowed to remain upon any street, highway, road, alley, or other public place, except that emergency stopping or parking occasioned by mechanical failure is permitted upon the shoulder of any street or highway for a period of not longer than 48 hours, subject, however, to any other and further prohibition, regulations or limitations imposed by law.

Permit required. No occupied dependent, transient mobile home or other mobile home shall be parked or placed outside a licensed mobile home court, transient mobile home court or campground for more than 48 hours, except upon a site plan review permit issued pursuant to the provisions of Article V of this chapter. Such a site plan review permit may be issued for a period not to exceed 10 days, and shall not be renewable within the same calendar year. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures.

Construction trailer. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter, for a site plan review permit for a period not to exceed 180 days by the owner of land within the Town who intends to construct on such land a dwelling house for his own occupancy, or his employee's occupancy. The owner of the land may place or park a mobile home on such land for his own occupancy, or his employee's occupancy, during the construction of such dwelling. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures. Such a site plan review permit shall be renewable for only one additional period not to exceed 180 days. However, if material progress with house construction is not made within 45 days from the issuance of the said site plan review permit or if construction work ceases for a consecutive period of 45 days, such site plan review permit shall become void. Said mobile home shall be removed from the premises upon expiration of the site plan review permit. Said site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days.

Temporary displacement. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter, for a site plan review permit, for a period not to exceed 180 days, by the owner of land within the Town, to temporarily replace an occupied dwelling destroyed by fire or other disaster. Such a site plan review permit shall not be issued for any land restricted by deed or other covenants against placement of mobile homes or temporary structures. Such a site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days. Such a site plan review permit shall be renewable for only one additional period not to exceed 180 days.

Land owner permit. As an exception to Subsection G(2) above, application may be made, pursuant to the provisions of Article V of this chapter for a site plan review permit, for an initial period not to exceed one year by the owner of land within Rural Residential Zoning Districts (RR) only by the Town of Bolton to park or place one mobile home on such land for his own occupancy, as his one and only permanent residence. Said site plan review permit shall not be transferable and becomes void if ownership of the land changes, or if the mobile home is unoccupied for more than 45 consecutive days. Such a site plan review permit shall be renewable for successive one-year periods upon proper application and approval pursuant to the provisions of this chapter.

Compliance with all ordinances required. Additional standards for site plan review permits granted pursuant to this section. A site plan review permit for an occupied mobile home shall be issued only upon full compliance with all of the provisions of this chapter, and Town Private Residence Sewage Disposal Ordinance, and particularly to those regulations on the Schedule of Regulations for the zoning district in which the proposed site plan review use is to be located, and of the following additional regulations.

Any dependent or other mobile home lawfully in existence on the effective date of this chapter, but not located in a court or campground for which a license is required hereunder, may be continued as a nonconforming use, pursuant to the provisions of this Zoning Chapter; provided, however, that if such mobile home is relocated on the site, or if a replacement or new mobile home is proposed to be located on the site, then all of the applicable provisions of this chapter shall apply.

Proposals for locating mobile homes in those areas of the RR Residential Zoning Districts which are within the boundaries of the Lake George Park, shall be referred to the Lake George Park Commission for its information and for its advisory recommendation, if such Commission desires to submit one.

The business of mobile home sales, except that where units are used as living quarters they shall conform with all of the provisions of this chapter applicable to the situation.

The storage or garaging of dependent or other mobile homes, not being used for living or sleeping purposes, within a building or structure, or to the storage of one unoccupied such home on premises occupied as the principal residence by the owner; provided, however, that such unoccupied mobile home shall not be parked between the street line and the rear building line of such premises, and that the mobile home be adequately screened from view of any neighboring residential property and, provided further, that the Zoning Administrator has been notified in advance of the storaging or garaging of such dependent or other mobile home.

A dependent or other mobile home located on the site of a construction project, survey project or other similar work project, and which is used solely as a field office, work or tool house in connection with such project, provided that the Zoning Administrator has been notified in advance of the parking or placement of such a dependent or other mobile home and provided further that such dependent or other mobile home is removed from such site within 30 days after completion of such project.

For any building having more than one use, parking space shall be required as provided for each use.

Parking spaces required in all districts shall be located in the side or rear yard on the same lot as the principal use unless otherwise permitted by the Planning Board.

Floor areas for the purposes of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic uses primarily for storage or service.

Any parking lot or parking area that will contain more than 20 cars shall be effectively divided by internal traffic islands, including one for every 20 cars or part thereof to reduce the impact of the parking area and provide safety for vehicles moving within the area. Any parking lot or parking area that will contain more than 100 cars shall be effectively divided by planted divider strips or curbing fixed in place so as to effectively divide each parking area of 100 cars from another driveway and parking area for the purpose of ensuring safety of vehicles moving within the entire parking area and to control speed.

Off-street parking areas located within 50 feet of a residential use shall be shielded by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance. Parking lot shall be screened from all street rights-of-way in such a manner as to facilitate adequate site distance at points of egress.

Parking lots shall be planted in accordance with the following:

Lighting for parking lots shall be designed in such a manner as to prevent glare onto other properties.

Each berth shall be not less than 12 feet wide, 40 feet long and 14 feet in height when covered.

Off-street loading space (or spaces) located within 50 feet of residential property shall be shielded by wall, fencing, or other suitable material which shall serve to screen noise and uncontrolled entrance.

Setbacks: same as the principal building in each zone.

Height: 35 feet maximum.

Clearing: screened from any scenic travel corridor, Trout Lake, Schroon River, Lake George or residential, recreational or tourist-oriented use.

Color: muted earth tones.

No lumbering shall be allowed within the setbacks for front yard in any zone.

Any slash and debris from lumbering activities shall be removed from all sites in view of all sensitive land use areas and public rights-of-way.

No clear-cutting shall be permitted on slopes greater than 25%.

Clear-cutting on slopes between 15% and 25% shall be limited to one-hundred-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

Clear-cutting on slopes between 8% and 15% shall be limited to one-hundred-fifty-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

Clear-cutting on slopes between 3% and 8% shall be limited to two-hundred-foot swaths perpendicular to the slope of the land. A fifty-foot undisturbed buffer shall be left between clear-cutting areas.

In no case shall clear-cutting exceed 200 feet perpendicular to the slope without a fifty-foot undisturbed buffer.

All clear-cutting operations must make provisions for protection against erosion in accordance with § 200-46.

No lumbered land which has been clear-cut shall be considered for residential development for at least five years after completion of lumbering activities on that section of land.

During construction, clearing shall be limited to the extent of grading only as approved by the Planning Board.

All clear-cutting operations must make provision for protection against erosion in accordance with § 200-46.

Cutting on slopes greater than 25% shall be prohibited except for the construction of buildings in accordance with this section.

Clearing for residential building(s) shall be limited to 20 feet outside the area occupied by the foundation of that building(s).

Clearing for a driveway shall be limited to a sixteen-foot right-of-way.

Clearing for a septic field, or pit or sewer line shall be limited to 10 feet beyond the space occupied by the elements of the system.

Clearing for a well shall be limited to a fourteen-foot right-of-way to drill such well and service the residence.

All services to the structure are encouraged to be located underground.

Excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance:

Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features: