Galway Town City Zoning Code

ARTICLE VI

Supplemental Regulations

§ 115-23 Incentive zoning.

Statement of policy. Pursuant to § 261-b of the New York State Town Law, the Town of Galway hereby establishes a policy of encouraging the preservation of open space and agricultural lands and the provision of facilities and amenities that would benefit the Town by providing incentive(s) to applicants seeking approval of a major subdivision plat.

Purpose. The purpose of the Town's system of incentive zoning is to advance the goals and polices expressed in the Town Comprehensive Plan. Pursuant to a findings statement adopted after the review and acceptance of a final generic environmental impact statement that analyzes the potential environmental effects associated with adoption of this section, the Town Board hereby finds that the system of incentive zoning set forth in this section is consistent with the Town Comprehensive Plan and that such incentives are compatible with the development otherwise permitted in the residential districts as set forth in this chapter. As set forth below, the Town Board has established standards for the proper application of incentive zoning and the specific findings the Planning Board shall make prior to approving an adjustment to the maximum unit density requirements of this chapter.

Grant of authority. In considering an application for approval of a major subdivision development project, the Planning Board is hereby authorized to adjust the maximum density requirements of the zoning district in which the property is located in exchange for one or more of the specifically identified incentives, and in accordance with the standards and conditions set forth below.

Applicability. The incentives set forth herein shall be applicable only to land parcels zoned for residential uses in the AO District, and where active agricultural uses are taking place and for which an application for approval of a major subdivision pursuant to the Town of Galway Subdivision Law has been submitted, subject to final approval.[1]

[1]

Editor's Note: See Ch. 100, Subdivision of Land.

Incentives. Notwithstanding any contrary provision of the Town Law or this chapter that limits or restricts the maximum unit density of a proposed subdivision, an applicant for a major subdivision may apply for an incentive adjustment to the maximum unit density requirements of this section in exchange for the following benefits:

(1)

Open space for conservation or agriculture.

(a)

This incentive may be applied to any major subdivision in the AO District. The calculation of the incentive is based on the maximum density for a major subdivision as determined by the Planning Board. For the permanent preservation of not less than 50% of the gross land area of a proposed major subdivision, an increase of 20% to the maximum unit density for the zoning district may be approved.

(b)

In addition to the incentive adjustment in Subsection D(1)(a), above, the Planning Board may authorize an additional incentive adjustment for the dedication of land for public use as follows. In no event shall the total adjustments exceed 50% of the base maximum density for the major subdivision as determined by the Planning Board. For the dedication of not less than 10 contiguous acres of land for public use for trails or active or passive recreation, a increase of 15% to the maximum unit density for the zoning district may be approved. Such dedication shall be by permanent easement.

Findings. Before approving an adjustment to the maximum unit density requirements of this section in exchange for one or more of the identified benefits, the Planning Board shall make the following specific findings:

(1)

That the proposed adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situate.

(2)

That the open space protected pursuant to this section would maximize "conservation or agricultural value," which may include, but is not limited to, recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value.

(3)

That proper surety or performance guarantees between the applicant and the Town covering future title, dedication and provisions for the costs of land or improvements are or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.

(4)

That the proposed adjustments would not adversely affect the public health, safety or welfare, or those of the residents of the project or neighboring lands.

(5)

That the necessary water and septic requirements can be met with the proposed density adjustments.

§ 115-24 Clustered and conservation subdivisions.

Purpose. A conservation subdivision accomplishes the purposes above by reducing the generally applicable minimum lot size and bulk requirements of the Town of Galway Zoning for the district in which the property is located and by locating residences in those areas where development would have the least impact on identified natural and community resources. In conformance with the Town's Comprehensive Plan, the purposes of cluster/conservation subdivision are as follows:

(1)

To conserve open land, including those areas containing unique and sensitive natural features such as steep slopes, streams, floodplains, critical wildlife habitats, and wetlands, by setting them aside from development.

(2)

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

(3)

To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups.

(4)

To conserve a variety of resources lands as established in the Town of Galway Comprehensive Plan.

(5)

To protect agricultural areas by conserving blocks of land large enough for continued agricultural operations.

(6)

To create neighborhoods with direct visual or physical access to open land and that have strong neighborhood identity that is consistent with the rural character of Galway.

(7)

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.

(8)

To conserve elements of the Town's rural character, and to minimize views of new development from existing roads.

Applicability, uses and density.

(1)

Applicability. The Planning Board shall apply clustered or conservation subdivision according to the district requirements.

(2)

Permitted, accessory and special permit uses. Permitted, accessory and special permit uses within a cluster/conservation subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located.

(3)

Density. The permitted number of dwelling units shall not exceed the number of units that would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Town of Galway Zoning applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Galway Zoning. The maximum permitted number of dwelling units shall be determined by deducting from the total tract area:

(a)

Land contained within public rights-of-way; and

(b)

Land contained within the rights-of-way of any existing or proposed streets; and

(c)

All areas occupied by public utility easements; and

(d)

All floodplains, wetlands, slopes of 20% or greater, and water bodies.

(4)

Unit mix. The conservation subdivision design may include a mix of single-family and multifamily dwellings as a means of achieving housing diversity and preserving open space if such multifamily dwellings are allowed in the district. Within the conservation subdivision, the number of multifamily units shall be limited to not more than 1/3 of the total number of dwelling units.

Cluster and conservation subdivision design process.

(1)

Once the maximum permissible number of lots in a cluster/conservation subdivision has been established, the next step is to create a design layout. This layout shall include an identification of primary and secondary conservation lands within a parcel(s), which includes those elements most highly valued by the community.

(2)

Sketch plan. A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law and Comprehensive Plan. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the sketch plan shall include an existing resources map and site analysis plan including the information listed below.

(a)

Slopes: slopes of 20% or greater.

(b)

Water resources: wetlands, aquifer and aquifer recharge areas, if known, municipal water supply areas, flood-prone areas as shown on Federal Emergency Management Agency maps, streams.

(c)

Agricultural lands: active farmland within a New York State certified Agricultural District, or lands within 500 feet of a New York State certified Agricultural District, or soils classified in groups 1 to 4 of the New York State Soil Classification System.

(d)

Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.

(e)

Critical environmental areas. lands within or contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Environmental Conservation Law, if any.

(f)

Designated open space areas: lands contiguous to publicly owned or designated open space areas, or privately owned designated natural areas.

(g)

Historic structures and sites: historic structures or areas of national, state or local importance, if any.

(h)

Scenic viewsheds and special features: sites bordering or in known scenic locations identified in the Town's Comprehensive Plan.

(i)

Significant natural areas and features: areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program), mature forests over 100 years old, locally important vegetation (such as trees over 24 inches in diameter at breast height), or unique natural or geological formations.

(j)

Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance.

(k)

Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.

(l)

An existing resources and site analysis plan shall be prepared to provide the developer and the Planning Board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be generally described on the basis of existing published data available from governmental agencies, or from aerial photographs.

(m)

Topography, the contour lines of which shall be at two-foot intervals.

(n)

General locations of vegetative cover conditions on the property according to general cover type, including cultivated land, grass land, old field, hedgerow, woodland and wetland, isolated trees with a caliper in excess of 24 inches, the outline of existing trees and woodlands.

(o)

Any ridgelines on the property shall be identified.

(p)

The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.

(q)

Locations of all historically significant sites or structures on the tract and on any abutting tract.

(r)

All easements and other encumbrances of property which are or have been filed of record with the Saratoga County Clerk's Office shall be shown on the plan.

(s)

Location of any prime farmland soils, soils of statewide importance, and active agricultural lands.

(3)

Preliminary plan documents. A preliminary cluster/conservation subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of §§ 100-3 through 100-22 of the Galway Subdivision Law:

(a)

Preliminary plan. The submission requirements for a preliminary plan include the requirements for sketch plans listed above and the submission requirements of the Subdivision Regulations, and the existing resources and site analysis plan. The Planning Board shall review the plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall generally be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard-size sheet 24 inches by 36 inches.

(4)

Four-step design process for cluster and conservation subdivisions. All sketch plans shall include Step 1 of the four-step design process. All preliminary plans shall include documentation of the four-step design process in determining the layout of proposed open space lands, house sites, streets and lot lines, as described below.

(a)

Step 1: Delineation of Open Space Lands. Proposed open space lands shall be designated using the existing resources and site analysis plan as a base map. Primary conservation areas shall be delineated comprising streams, floodplains, wetlands and slopes over 15%. In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed open space, in consultation with the Planning Board, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is potential development areas.

(b)

Step 2: Location of House Sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the existing resources and site analysis plan. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the positive benefits of such locations to provide attractive views and visual settings for residences.

(c)

Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 20%. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate only when they support greater open space conservation or provide extensive pedestrian linkages.

(d)

Step 4: Drawing In the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.

(e)

Note on the Four-Step Site Design Process for hamlets and adjoining villages. The design process for developing cluster subdivisions in or adjacent to hamlets and villages shall be a variation on the four-step process for conservation subdivisions, as described herein. In hamlets and near villages, where traditional streetscape and "terminal vistas" are of greater importance, Steps 2 and 3 may be reversed so that streets and squares are located during the second step and house sites are located immediately thereafter. The first step is to identify open space lands, including both primary and secondary conservation areas.

Dimensional standards. Within the framework of limitations set forth in this section of the chapter, the Planning Board shall establish, on a case-by-case basis, the appropriate modifications of lots, bulk and other requirements which it has determined are necessary or appropriate to properly accomplish the purposes of this chapter. Lots shall be arranged in a way that preserves open space as conservation areas as described in this section.

(1)

Minimum required open space: A cluster/conservation subdivision must preserve at least 50% of the tract's total acreage as open space land. Parking areas and roads shall not be included in the calculation of the minimum required open space. At least 50% of such open space shall be usable for active recreational or agricultural activities and not include water bodies, wetlands, floodplains, or slopes greater than 20%.

(2)

Minimum street frontage: 40 feet.

(3)

Yard regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall have a minimum of 30 feet separation for principal buildings, with no side yard less than 10 feet.

(4)

Maximum impervious coverage. No more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

(5)

Minimum lot size. The minimum lot size for developments in fee simple ownership shall be equal to that required by the New York State Department of Health to meet standards for water and septic system approvals.

Open space standards:

(1)

The required open space land consists of a combination of primary conservation areas and secondary conservation areas. The proposed subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. Primary conservation areas shall be included in the required open space area to the greatest extent practical. The applicant shall also demonstrate that such features will be protected by the proposed subdivision plan. Secondary conservation areas include special features of the property that would ordinarily be overlooked or ignored during the design process such as agricultural lands, woodlands, significant natural areas and features, stone walls, hedgerows, meadows, historic structures and sites, historic rural corridors, scenic viewsheds, and trails. Secondary conservation areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.

(2)

Open space lands shall be laid out to enable an interconnected network of open space.

(3)

Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the tract, by a setback at least 200 feet deep, if practical. No clearing of trees or understory growth shall be permitted in this setback (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Planning Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

(4)

Open space land should generally remain undivided. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection.

(5)

No portion of any house lot may be used for meeting the minimum required open space land unless encumbered with a restriction.

(6)

The required open space may be used, without restriction, for underground drainage fields or for individual or community septic systems.

(7)

Stormwater management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground utilities. However, land within the rights-of-way of high-tension power lines shall not be included as comprising part of the minimum required open space.

Evaluation criteria.

(1)

House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas.

(2)

Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of this chapter and the Subdivision Regulations.[1]

[1]

Editor's Note: See Ch. 100, Subdivision of Land.

(3)

House lots shall generally be accessed from interior streets, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing 20 or more dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment.

(4)

At least three-quarters of the lots shall directly abut or face conserved open space, if practical.

(5)

The Planning Board shall evaluate proposals to determine whether the proposed layout:

(a)

Protects all floodplains, wetlands, and steep slopes from clearing, grading, filling or construction.

(b)

Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(c)

Sites dwellings on the least prime agricultural soils, or in locations at the edge of a field, as seen from existing roads if development is on open fields.

(d)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. A deep no-build, no-plant buffer is recommended along the road where those views or vistas are prominent or locally significant.

(e)

Maintains or creates a buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs and ponds.

(f)

Designs around existing hedgerows and tree lines between fields or meadows and minimizes impacts on large woodlands greater than five acres.

(g)

Designs around and preserves sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

(h)

Provides open space that is reasonably contiguous.

(i)

Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the New York State Department of Environmental Conservation.

Streets and driveways.

(1)

Common driveway access may be provided. A pedestrian circulation and/or trail system may be designated and installed sufficient for the needs of residents, as deemed practical by the Planning Board.

(2)

Cluster/Conservation subdivision streets shall meet the Town street specifications. Any private roads may not be deeded to the Town unless the roads are constructed or improved in full accordance with the Town road specifications at the sole cost of the subdivider or the homeowners' association. The homeowners' association shall also be responsible for maintenance of private roads not accepted by the Town.

(3)

From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long, straight segments. Shorter straight segments connected by 90° and 135° bends are preferred in a more formal or traditional arrangement.

(4)

Whenever appropriate, street systems should produce terminal vistas of open space in accordance with the conservation emphasis of the subdivision design and to positively contribute to the Town's open space goals.

(5)

The use of curves should be considered for local access streets in cluster subdivisions in conjunction with long, horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 miles per hour.

(6)

Single-loaded streets are encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.

(7)

Common areas and both sides of new streets should be landscaped with native species of shade trees.

Permanent protection of open space.

(1)

All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through one of the following:

(a)

A conservation easement, in a form acceptable to the Town and recorded at the County Clerk's office.

(b)

A deed restriction, in a form acceptable to the Town and recorded in the County Clerk's office where a conservation easement has been shown not to be practicable.

(2)

The conservation easement or deed restriction shall restrict development of the open space and allow the use of such space only for agriculture, forestry, recreation or similar purposes. The Town Board, with the advice of the Town Planning Board, shall approve the form and content of any easement, declaration, or restriction. The restriction shall be made a condition of the final plat approval. A conservation easement will be acceptable if:

[Amended 10-14-2008 by L.L. No. 2-2008]

(a)

The conservation organization is acceptable to the Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law.

(b)

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or Town of Galway becomes unwilling or unable to continue carrying out its functions.

(c)

A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Galway to insure perpetual maintenance of the open space.

(d)

The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions.

(3)

Open space land may be held in any form of ownership that protects its conservation values such as where the open space is owned in common by a homeowners' association (HOA). Open space may also be dedicated to the Town, county or state governments, transferred to a nonprofit organization, or held in private ownership. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land.

(a)

If the open space is to be owned by an HOA, the HOA must be incorporated before the final subdivision plat is signed. The applicant shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

(b)

The open space restrictions must be in perpetuity.

(c)

If land is held in common ownership by a homeowners' association, such ownership shall be arranged in a manner that real property tax claims may be satisfied against the open space lands by proceeding against individual owners and the residences they own. The HOA must be responsible for liability insurance, local taxes and the maintenance of the conserved land areas. The HOA shall have the power to adjust maintenance fees to meet changing needs.

(d)

The Planning Board shall find that the HOA documents satisfy the conditions above.

(e)

Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units.

(f)

The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

(g)

The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

(h)

Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than 30 days prior to such event.

(i)

The association shall have adequate resources to administer, maintain, and operate such common facilities.

Maintenance standards.

(1)

The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues or special assessments.

(2)

Failure to adequately maintain the undivided open space in reasonable condition is a violation of this chapter. Upon appropriate authority or process, the Town may enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development and shall, if unpaid, become a tax lien on such property.

(3)

Sewage treatment systems. Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.

(4)

Cost of review. All reasonable engineering and legal costs for Town review of the road designs, conservation easements and homeowners' association or other plans or documents shall be paid by the subdivider.

§ 115-25 Driveway interface construction; permit and rural road standards.

A driveway entering on county, Town or state roads must obtain a permit and adhere, at a minimum, to the following requirements for construction of ditch crossings and/or interface transitions between the property line and road right-of-way:

(1)

The applicant shall furnish all materials and bear all costs of construction.

(2)

No alteration or addition shall be made to any driveway without first securing a new permit from the county for county roads or the Town for Town roads or the local State Department of Transportation for state highways.

(3)

The angle of the driveway with respect to the highway pavement edge shall not be less than 60° nor more than 120°.

(4)

No driveway will be permitted within 50 feet of an intersection, and wherever possible, driveways shall abut.

(5)

A residential driveway entrance shall be a maximum of 20 feet and not less than 12 feet wide at the culvert line.

(6)

Commercial driveways shall be a minimum of 22 feet wide (12 feet for one-way), a maximum of 50 feet wide for a single combined entrance and exit or a maximum of 50 feet each when two separate entrances are permitted. No more than two entrances from one highway to a single commercial establishment shall be permitted. Commercial driveway entrances onto roadways should be minimized by utilizing internal cross-connections between commercial structures whenever possible. Consideration should be given to providing safe and efficient means for pedestrian traffic. Application for a commercial entrance shall include a fully dimensioned plan of the proposed driveway showing drainage as an element of the site plan review if required by the Planning Board.

(7)

A drainage pipe must not be less than 12 inches inside diameter and be of either reinforced concrete, corrugated metal or plastic pipe suitable for the application.

(8)

The pipe shall be placed so that the inside flow line of the pipe is at the bottom of the ditch and sloped true to the ditch grade, maintaining free and unobstructed flow.

(9)

The highway shoulder slope must not be altered.

(10)

Any rise in the driveway grade shall occur on the backslope of the ditch line so that drainage from the driveway will flow into the ditch and not onto the highway. The maximum driveway slope for either residential or commercial shall be 10%, unless a waiver is granted.

(11)

All driveways must have adequate fire and emergency vehicle access and have 9-1-1 numbers clearly displayed. Those driveways over 100 feet long must also provide adequate fire and emergency vehicle turnarounds.

Permit forms for county and Town driveway interfaces may be obtained from the office of the Town Zoning Administrator, Highway Superintendent or Town Clerk. State forms may be obtained through the State Department of Transportation office in Saratoga Springs.

In order to minimize curb cuts onto existing or proposed roads, to maintain vegetated buffers along existing roads, or to preserve open space and rural character, the Planning Board may accept or require adjoining lots to utilize a shared driveway, or two adjoining driveways with a single curb cut. Shared driveways or accessways are preferred over multiple curb cuts. No common drive shall provide access to more than four lots. The Planning Board shall require that an offering plan is filed or a no-action or similar determination letter is obtained with the New York State Department of Law whenever there is a common interest in real property such as a shared road or driveway. This is to insure that the developer puts purchasers on notice as to their liabilities and responsibilities or both for maintenance of the common road or driveway.

See also Subdivision of Land, Chapter 100, Article IV (to be included with a revised Subdivision Regulations).

§ 115-26 Private sewage disposal; standards; inspection.

An adequate sanitary disposal system designed and certified by a professional engineer shall be installed and maintained on each lot where the use of any building on the lot involves the disposal of sewage or waste material. New OWTS require a permit and must be inspected by a person designated by the Zoning Inspector before an occupancy permit is issued.

Design and spatial location shall meet sanitary and hydrogeological standards set by the State Departments of Health and Environmental Conservation and, at a minimum, meet the spacing requirement in Table 1 following:

Table 1 Separation Distances from Wastewater System Components
System Component	Well or Suction Line (feet)	To Stream, Lake, Watercourse(b), or Wetland (feet)	Dwelling (feet)	Property Line (feet)
House sewer	25 cast iron	25	10	10
	50 otherwise
Septic tank	50	50	10	10
Effluent line to distribution box	50	50	10	10
Distribution box	100	100	20	10
Absorption field	100(a)	100	20	10
Seepage pit	150(a)	100	20	10
Dry well (roof and footing)	50	25	20	10
Raised or mound system	100(a)	100	20	10
Evapotrans- piration- absorption system	100(a)	50	20	10
Composter	50	50	20	10

NOTES:
(a)	When sewage treatment systems are located on coarse gravel or upgrade and in the path of drainage to a well, the closest part of the treatment system shall be 200 feet from the well.
(b)	Mean high water mark.
(c)	For all systems involving the placement of fill material, separation distances are measured from the toe of slope of the fill.

Before a certificate of occupancy shall be issued for newly constructed structures, the Zoning Administrator or authorized representative shall be given notice by the builder of any such septic system, as set forth herein for inspection, prior to the covering of such septic system with earth so as to be invisible. For new construction, the well shall also be uncovered for inspection by the Zoning Administrative Office.

If, after written notice to the Code Enforcement Officer, such inspection has not been made within a period of three business days of receipt thereof, the septic system may be inspected in accord with the requirements of the State Health Department and of this chapter by an appropriately trained and experienced professional engineer who is licensed to practice engineering in New York State. The appropriately trained and experienced engineer shall submit a letter report to the Code Enforcement Officer that reports the observations pertaining to the requirements of the State Health Department and of this chapter, and includes photographs of the septic system while visible for inspection. Once the report has been approved by the Code Enforcement Officer or has been submitted for one complete business day, the septic system shall be presumed to be in accord with the requirements of the State Health Department and of this chapter.

§ 115-27 Alteration and/or repair of private sewage system.

Alteration and/or repair of a sewage disposal system shall be performed only after inspection and approval of the proposed work by the Code Enforcement Officer or his authorized representatives. Such approval shall be signified by the issuance of a work permit by said officer. The permit shall specify that the Zoning Administrator or his authorized representatives shall have the right to all reasonable testing and to inspect the adequacy of such septic system, as set forth hereinbefore, prior to the covering of such septic system with earth so as to be invisible. No permit shall be required for the pumping of septic tanks.

§ 115-28 Landfills; waste disposal.

No sanitary landfill or refuse collection or disposal area shall be permitted in the Town of Galway except landfills operated by and for the Town of Galway.

The depositing or disposal of waste, refuse and any other materials shall be governed by New York State Solid Waste Regulations.

§ 115-29 Public utilities.

Nothing in this chapter shall restrict the construction or use of underground or overhead distribution facilities of public utilities operating under the laws of the State of New York. Other facilities of public utilities shall conform to the provisions of this chapter.

§ 115-30 Permanent signs.

For the purpose of this section, a "sign" shall be defined as any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

General regulations.

(1)

Only signs conforming to the following requirements will be permitted in any district of the Town:

(a)

Signs will be limited to announcement, professional, sale or service signs pertaining to Town of Galway activities only.

(b)

Signs shall be erected and constructed in a fashion so as not to obstruct traffic, be visually obtrusive, nor detract from the value of property adjacent to that property upon which said sign is erected.

(c)

Signs may be subject to site plan approval by the Planning Board as part of site plan review if signage is part of an application for a use requiring Planning Board approval. Otherwise, the Code Enforcement Officer will have the authority to issue permits for signs. All business signs shall be compatible within the context of its environment and with the rural and small-town character of Galway. In making such a determination during the review process, the issuing authority (Code Enforcement Officer or Planning Board) shall consider but not be limited to the following elements:

[1]

Size, bulk, and mass.

[2]

Texture and materials.

[3]

Colors.

[4]

Lighting and illumination.

[5]

Orientation and elevation.

[6]

Location.

[7]

Proximity to streets.

[8]

Design, including size and character of lettering, logos and related content.

(2)

No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign or sign structure without first obtaining a permit issued by the Code Enforcement Officer unless signage is approved as part of site plan review by the Planning Board.

(3)

Every application for a sign permit shall be accompanied by plans to scale showing the area of the sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure or lot to which or upon which the sign is to be attached or erected, and the method of illumination, if any.

(4)

No sign shall be erected which, in the opinion of the Code Enforcement Officer, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Code Enforcement Officer following notification to the owner.

(5)

No sign, other than an official traffic sign, shall be erected within the right-of-way of any public street or highway.

(6)

Exempt signs. The following signs are exempt from these provisions.

(a)

Public service signs; promotional and directional signs.

(b)

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding six square feet.

(c)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(d)

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, internally illuminated or nonilluminated, not exceeding four square feet per face and four feet in height. Business names and personal names shall be allowed, excluding advertising messages.

(e)

Number and name plates identifying residences or home occupation businesses mounted on the house, building, apartment or mailbox, not exceeding two square foot in area.

(f)

Lawn signs identifying residences, not exceeding one square foot per side if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.

(g)

Private-owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet for a period not exceeding seven days in any one month.

(h)

Religious holiday decorations, including lighting, displayed for the period from three days before Thanksgiving until the first week of the following year.

(i)

Political signs not to exceed 60 days.

Standards.

(1)

Unless otherwise provided for in this section, no sign will have more than two sides, and any reference to the total square footage of allowable signage shall mean the amount which will be allowed on each of the two sides of the sign.

(2)

All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(3)

All signs shall be constructed of durable materials and shall be maintained in a good condition.

(4)

No sign shall project beyond property lines or over public sidewalk areas or vehicular traffic areas.

(5)

No sign shall be located higher than the building to which it is attached.

(6)

Illumination of any sign shall not produce a direct glare beyond the limits of the property.

(7)

All wiring to freestanding signs shall be underground and/or concealed within the sign structure.

(8)

No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights except to show time, date, and temperature.

Only signs conforming to the following requirements will be permitted in any district of the Town:

(1)

Signs will be limited to announcement, professional, sale or service signs pertaining to Town of Galway activities only.

(2)

All signs shall be erected and constructed in a fashion as not to obstruct traffic, be visually obtrusive, nor detract from the value of property adjacent to that property upon which said sign is erected.

(3)

An application for all permanent signs must be filed with the Planning Board for review and approval prior to the issuance of a building permit. Signs shall be subject to site plan approval by the Planning Board. All business signs shall be compatible within the context of its environment and with the rural and small-town character of Galway. In making such a determination during the permitting or site plan review process, the Planning Board shall consider but not be limited to the following elements:

(a)

Size, bulk and mass.

(b)

Texture and materials.

(c)

Colors.

(d)

Lighting and illumination.

(e)

Orientation and elevation.

(f)

Location.

(g)

Proximity to streets.

(h)

Design, including size and character of lettering, logos and related content.

Signs in the AR, RC, RH and L Districts:

(1)

One on-premises sign, either freestanding or attached, in connection with any residential building per permitted professional office or home occupation, not exceeding two square feet in area and set back at least 10 feet from the highway right-of-way. Such sign shall state name and vocation only. No freestanding sign shall exceed five feet in height above the finished grade.

(2)

One on-premises sign for customary agricultural operations of selling farm products grown on the premises, not exceeding 15 square feet in area or six feet in height, and set back at least 15 feet from the highway right-of-way.

(3)

One on-premises sign for schools and institutions, not exceeding 15 square feet in area or 10 feet in height, and set back at least 15 feet from the highway right-of-way.

(4)

Business signs pertaining only to a legal nonconforming use of the premises on which they are located, not exceeding 20 square feet in area. Business signs in existence on the date of enactment of this chapter which pertain to nonconforming uses may continue to be used. Such a nonconforming sign shall not survive a change of use or replacement of sign.

(5)

Portable signs shall not be permitted.

Signs in the C1 District. The following regulations shall govern the erection, alteration or relocation of signs within the commercial districts. No sign listed below shall be erected, altered or relocated until a sign permit is obtained from the Code Enforcement Officer or is approved as part of site plan review by the Planning Board.

[Amended 10-14-2008 by L.L. No. 2-2008]

(1)

In the C1 Zone, one sign that identifies the permitted business or office use is permitted. Such sign shall be flush to and connected with the building and shall not exceed 10 square feet in size. One freestanding sign shall be permitted for each principal business or office use, and such sign may be used to identify any or all business uses in such structure. A freestanding business sign of not more than 10 square feet in size shall not stand any higher than six feet from the ground to the highest point on the sign. One awning adhered to the building and advertising the principal use of the building shall also be allowed.

(2)

In the C1 Zone, one business sign, which shall be flush to and connected with the building and shall not exceed 20 square feet in size, and one freestanding sign identifying the business, not exceeding 30 square feet in size, is permitted. Any freestanding sign shall not stand any higher than 10 feet from the ground to the highest point on the sign.

(3)

Business signs shall be located at least 10 feet from the nearest lot line and 15 feet from the highway right-of-way.

(4)

A business sign in existence on the date of enactment of this section which does not conform to the specifications of this section may continue to be used. If such sign is altered in any way, it shall be made to conform to this section.

(5)

A banner, not exceeding 16 square feet per side, advertising a special event, promotion or sale may, upon obtaining a permit for such banner, be displayed by a business for a period not exceeding 15 days, with two such permits being allowed in any calendar year, for any individual business.

Signs in shopping centers or on structures having more than one business:

(1)

Each shopping center or multibusiness structure shall be authorized one freestanding double-faced sign no more than 36 square feet in area on a side; however, if such is a single-faced sign, it shall not exceed 36 square feet in area. Such a sign shall be set back from the highway or road right-of-way at least 25 feet. Such sign shall not exceed 10 feet in height from the ground to the top of the sign nor shall it have moving parts or flashing lights.

(2)

Each tenant shall be authorized a wall sign; however, such sign shall not exceed 5% of the facade of the portion of the shopping center leased by the tenant and shall not exceed a maximum of 36 square feet. Such signs shall be at least three feet above the ground and shall not exceed the height of the facade. If the space such tenant occupies has more than one facade, the tenant shall be authorized a maximum of two signs to be placed on the building's facade; the total area of both signs shall not exceed 5% of the total facade area.

(3)

All signs shall be of a uniform, harmonious design and shall be securely affixed to the facade of the building.

Portable signs.

(1)

Portable signs shall be used only in commercial districts for a new business or a business in a new location that is awaiting installation of a permanent sign.

(2)

Such portable sign may only be utilized for a period not to exceed 60 days or until installation of a permanent sign, whichever occurs first.

(3)

A separate permit for such a portable sign shall be required.

(4)

The maximum sign area requirements as set forth in this section shall apply to a single side of a sign. On a two-sided sign, only one side shall be counted in computing the sign's area.

(5)

No sign shall be allowed which causes a traffic, health or safety hazard or creates a nuisance due to its placement, display or manner of construction. No sign shall be located so as to obstruct views of traffic. No moving signs, flashing signs or attractors shall be permitted.

(6)

Nonconforming signs which lawfully existed prior to the adoption of this section may not be relocated or altered except in conformance with this section. Any change in the content of a nonconforming sign, including names, words, logos or similar information, shall constitute an alteration requiring conformance with this section.

Prohibitions.

(1)

No off-premises signs shall be allowed other than as permitted under the exempt signs provisions of this section.

(2)

No sign shall contain any moving parts.

(3)

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.

(4)

No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

Sign removal.

(1)

Any sign existing as of the effective date of this section which does not advertise a business which is conducted or a product which is sold on the premises upon which said sign is located shall be removed within six months thereafter.

(2)

If any sign regulated by this section is not used in advertising, is abandoned, unsafe or insecure or is a menace to the public, it shall be removed.

(3)

The Code Enforcement Officer shall give written notice to the named owner of the land upon which any such signs are located. The owner shall remove or repair the sign within 30 days from the date of the notice. Upon failure to comply with this notice within the prescribed time, the Code Enforcement Officer is authorized to secure, repair, remove, or cause the removal of such sign. All costs of this, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of special ad valorem levies.

Permit application. The applicant shall be required to submit a sketch to scale of the proposed sign which indicates the graphic design, visual message, text, size, height, content of the sign, proposed lighting of the sign, and any proposed landscaping or other amenities prior to erection, alteration or relocation to the issuing authority (Code Enforcement Officer or Planning Board) for site plan review and approval by the Planning Board. The Zoning Administrator shall issue a sign permit to the applicant upon satisfaction of any site plan approval.

§ 115-31 Temporary signs.

The following types of signs are allowed in all zones and shall not be subject to permitting by the Town of Galway:

(1)

Announcing signs. One temporary, unlighted, announcing sign pertaining to a building which is under construction or where a structural alteration or repair is taking place, announcing the project or purpose for which the building is intended, including the names of architects, engineers, contractors, funding sources and others, provided that the sign shall not exceed 16 square feet in residential areas or 32 square feet in other areas, is authorized.

(2)

Real estate signs. One temporary, unlighted, real estate sign not over six square feet in area pertaining to lease or sale of the property on which it is displayed shall be permitted.

(3)

Garage and lawn sales. Temporary, unlighted garage and lawn sale signs not over six square feet pertaining to temporary individual household sales of not more than four days' duration are authorized.

(4)

Community events. Temporary unlighted signs not over six square feet pertaining to community events such as craft shows, fairs, theater events, school activities, etc., shall be authorized.

All of the above signs in Subsection A must be removed immediately following the completion of the construction, event or sale involved.

Political signs. Temporary, unlighted signs not over 32 square feet pertaining to political events shall be authorized and shall be removed within six business days after said event.

§ 115-32 Occupational signs.

Occupational signs are allowed announcing the names and addresses of occupants of the premises, attached to said premises, including professional nameplates and signs announcing permitted home occupations. Occupational signs shall not exceed three square feet in area, and the highest part of any occupational sign shall not be in excess of six feet from ground level. No more than one sign shall be permitted to advertise any single permitted use.

Any sign attached to a building shall be flush to the building and not extend out from the building more than one foot in any direction. Any freestanding sign shall not stand any higher than six feet from the ground to the highest point on the sign. No more than one sign shall be permitted to advertise any single use.

§ 115-33 Junkyards and junk cars.

Existing nonconforming junkyards must be operated in accordance with state, federal and Town laws. Junk cars are permitted only in existing, legal junkyards in the Town of Galway. Additional junkyard facilities are prohibited.

Junk cars. No more than two junk cars shall be stored on any property unless they are stored in an existing, legal junkyard in the Town of Galway.

§ 115-34 Nonconforming uses and lots.

[Amended 5-10-2016 by L.L. No. 1-2016]

Nonconforming uses. The lawful use of any building or land or sign existing at the time of this chapter and subsequent amendments may be continued, although such does not conform to the provisions for the district in which it is situated.

The following conditions apply to changes in status for or of a nonconforming use:

(1)

Extensions. Any legal nonconforming building or structure may be enlarged not more than 50% of its floor or lot area as it existed on June 29, 1992. The extension of a nonconforming use is subject to the issuance of a special permit by the Planning Board based on the demonstration that the extension meets the special use permit review standards of Article VII, § 115-75. This shall not prevent the replacement of a structural member to ensure the safety of the building. No changes in product services or mix are permitted where commercial operations are nonconforming for the zone involved.

(2)

Alterations or replacement permit. Alteration to or replacement of any building or part thereof which is used to house a nonconforming use shall be made only under a permit authorized by the Planning Board.

(3)

Restoration. A building used to house a nonconforming use may be restored if damaged or destroyed by fire, flood, earthquake, act of God or act of a public enemy, subject to the following conditions: The dimensions of the restored building shall not exceed those of the original building in area, height or conformity. If the building is substantially destroyed, the restored building shall be in conformity with the requirements of this chapter and the New York State Uniform Fire Prevention and Building Code.

(4)

Abandonment. When a nonconforming use has been abandoned, it shall not thereafter be reestablished. When a nonconforming use has been vacated, not used or occupied, or discontinued for a period of one year, it shall be presumed to have been abandoned. Under extraordinary circumstances, this criterion may be waived by the ZBA.

(5)

Displacement. No nonconforming use shall be granted to displace a conforming use.

(6)

Changes in nonconforming use. Changes in nonconforming uses shall be subject to the following:

(a)

Once changed to a conforming use, no use, building or structure shall be permitted to revert to a nonconforming use.

(b)

A nonconforming use may be changed to another nonconforming use of a higher or more restrictive class of use. A change in use is subject to issuance of a special permit by the Planning Board based on a demonstration that the change in use meets the special permit review standards of Article VII, § 115-75.

(7)

Creation of nonconforming uses due to changes in district boundaries. Whenever the boundaries of a district shall be changed so that under the regulations that apply in the changed area a conforming use shall become a nonconforming use, all of the provisions of this section shall apply to such nonconforming use.

(8)

All lawfully existing nonconforming use businesses have been registered with the Zoning Administrator.

Nonconforming lots.

(1)

Any residential lot held in a single separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:

(a)

Such residential lot has an area of sufficient size to allow for water and wastewater treatment approved by the Saratoga County Department of Health; and

(b)

All other requirements in Appendix 3B[1] for that district are complied with.

[1]

Editor's Note: Appendix 3B is included as an attachment to this chapter.

(2)

In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

Violations of this section will be dealt with as outlined in § 115-63.

§ 115-35 Garage sale display of items.

No household, garage, porch or yard items for sale may be stored in the open or continually displayed for more than four days per month within any district or where the same may be construed by the Zoning Administrator to be a menace to the public health or safety or may be held to have a detrimental influence upon adjacent properties or upon the neighborhood at large. This prohibition should not be construed to ban household, garage, porch or yard sales themselves.

§ 115-36 Telecommunications towers.

Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Galway; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.

Application of special use permit regulations.

(1)

No telecommunications towers, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.

(2)

The regulations shall apply to all property within the following zones: AR Agricultural-Residential and C1 Commercial Retail Districts (see Appendixes 3 and 4[1]). Telecommunications towers shall be specifically excluded from all other zones.

[1]

Editor's Note: Appendixes 3 and 4 are included at the end of this chapter.

(3)

Applications for construction of new telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (FAR) Part 77. Additionally, no application for construction of a new telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77 Subpart C, Obstruction Standards.

Shared use of existing telecommunications structures. At all times, shared use of existing or approved towers shall be preferred to the construction of new towers.

(1)

An applicant shall provide the Planning Board with the following:

(a)

A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower and explaining what modifications, if any, will be required in order to certify to the above.

(b)

A completed short-form environmental assessment (EAF) and a completed visual EAF addendum.

(c)

A copy of its Federal Communications Commission (FCC) license.

(2)

If an applicant proposing to share use of an existing tower submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if the modifications indicated according to Subsection C(1) are deemed insignificant and the Board complies with all SEQRA provisions, the Board shall grant approval of the shared use without further review under this section. If the Board determines that the modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections I through T below.

Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) shall be preferred to the construction of new towers.

(1)

An applicant proposing to share use of an existing tall structure shall be required to submit:

(a)

A completed application for a special use permit;

(b)

Documentation of intent from the owner of the existing facility to allow shared use;

(c)

A site plan. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan;

(d)

A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify to the above;

(e)

A completed short environmental assessment form (EAF) and a completed visual EAF addendum; and

(f)

A copy of its Federal Communications Commission (FCC) license.

(2)

If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant a special use permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through S below.

New telecommunications tower. The Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

Shared usage of existing tower site for placement of new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections G through S below.

New tower at a new location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection D above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections G through S below.

New towers; future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and his/her successors in interest to:

(1)

Respond within 90 days to a request for information from a potential shared-use applicant.

(2)

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

(3)

Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

Special use permit and site plan review; submission requirements.

(1)

An applicant shall be required to submit a site plan in accordance with § 115-75. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

(2)

Supporting documentation. The applicant shall submit a complete short EAF, a complete visual environmental assessment form (visual EAF addendum), and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.

Lot size and setbacks. All proposed telecommunications towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all ice-fall or debris from tower failure and preserve the privacy of any adjoining residential properties.

(1)

Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased as a single parcel unless the Board determines that this provision may be waived.

(2)

Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district, or shall be located with a minimum setback from any property line equal to 110% of the height of the tower. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

Visual impact assessment. The Board may require the applicant to undertake a visual impact assessment which may include:

(1)

A zone of visibility map shall be provided in order to determine locations where the tower may be seen.

(2)

Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including, but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.

(3)

Assessment of alternative tower designs and color schemes, as described in Subsection L below.

(4)

Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

(1)

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

(2)

Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

(3)

The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.

(4)

The Board may request a review of the application by a qualified professional engineer in order to evaluate the need for, and the design of, any new tower at the applicant's expense.

(5)

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

(6)

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including, but not limited to: company name, phone numbers, banners and streamers.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special use permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 115-63.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County 911 Services, the Board shall require that:

(1)

An applicant who proposed a new telecommunications tower shall notify in writing the legislative body of each municipality that borders the Town of Galway, the Saratoga County Planning Board and the Director of Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

(2)

Documentation of this notification shall be submitted to the Board at the time of application.

Notification of nearby landowners. Notice of the public hearing shall be mailed directly to all landowners whose property is located within 2,500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed.

All federal, state and local requirements must be met in order for the special use permit to remain valid.

Telecommunications towers over 100 feet in height, including towers existing on the effective date hereof, shall be inspected annually by a professional engineer, or at any other time upon a determination of the Town's Code Enforcement Officer that the telecommunications tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Town.

The applicant and the owner of the property where the telecommunications tower is to be located shall provide the Town Clerk with proof of insurance in sufficient dollar amount to cover potential personal and property damage associated with construction and operation, with the Town named as an additional insured party.

The applicant shall, as a condition of final approval, provide the Town with financial security acceptable to the Town sufficient to provide for removal or repair of the tower as described in Subsections R and V above. Acceptable financial security includes but is not limited to irrevocable bank letters of credit, escrow accounts and bonds issued by insurance companies.

§ 115-37 Requirements for mobile homes; permit.

The Zoning Administrator shall issue a building permit or certificate of occupancy for the residential use of a mobile home in the Agricultural-Residential District if the prospective use of such mobile home is in conformance with the following regulations:

A building permit may be granted to the owner of a farm located in a New York State Agricultural District allowing the placement of not more than two mobile homes to be occupied only by full-time farm workers and their families employed by the owner, provided that the home has its own separate septic system and water supply.

All mobile homes shall be placed on a solid enclosed foundation extending below the nominal frost line. There shall be no evidence of wheels or trailer hitch once it has been installed.

No permits or certificates of occupancy shall be issued for a mobile home if said mobile home is proposed to be located within 1,000 yards of a preexisting mobile home.

(1)

For the purpose of measurement, each mobile home shall be considered to be located on a point in the center line of the highway or road upon which the mobile home and property thereunder fronts. Said point shall be determined by taking the shortest line from the center of the mobile home to the fronting highway or road. The originating point in the mobile home shall be the exact center of the side of the mobile home nearly facing and parallel to the fronting highway or road.

(2)

Turns at intersections shall be made at the intersection center.

(3)

In the case of a mobile home and the property thereunder which fronts upon two separate highways or roads, the fronting highway or road for the purpose of the above-stated measurement will be that highway or road to which the residents of the mobile home have direct access. If access is provided to both such highway or roads, the fronting highway or road, for the purpose of measurement, will be that highway or road which is the closest in measurement to the mobile home.

Tie-down design and installation must conform to the manufacturer's specification or be approved by a licensed professional engineer at the applicant's expense.

Any replacement mobile home must be a current year model. (See also § 115-38B.)

§ 115-38 Regulations for all residences.

In order to comply with the New York State Uniform Fire Prevention and Building Code (UFP&BC) requirements and particularly to ensure that inspections for firesafety can be adequately performed in the case of conventionally constructed homes and to ensure that the latest in firesafety technology is incorporated in manufactured homes:

Conventionally constructed homes must be fully constructed and erected at and on a Town site in order to permit the inspections required by the Uniform Fire Prevention and Building Code.

Manufactured homes of any type installed in the Town must carry affixed the appropriate manufacturer's certification as required in federal and state standards and all later amendments for building construction and firesafety.

All single-family residences of any type shall have a minimum of 800 square feet of livable floor space, exclusive of garages, basements, porches, closed or unenclosed, and accessory buildings.

§ 115-39 Excavations and earth removal; permits.

There may be permitted in the Agricultural-Residential District only on the issuance of a special use permit as provided for in this chapter the excavation, removal and sale of topsoil, sand, gravel, clay, shale or other natural mineral deposits, subject to the following conditions:

(1)

The slope of material in any excavation or pit shall not exceed the normal limited angle of repose of such material.

(2)

The plane of such angle of repose or a slope of one on two, whichever is flatter, shall not come nearer than 100 feet to any property line or street.

The applicant must apply for and receive a mining permit if required by the State of New York.

The owner/developer is responsible for employing best management practices for stormwater and erosion control and securing any necessary permits prior to excavation. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered in full within the first growing season following the start of such operation.

Any person who mines or proposes to mine from each mine site at least 1,000 tons or 750 cubic yards, whichever is less, of minerals, including peat and topsoil, within a period of one year shall first be required to obtain site plan review approval and a special use permit. Where a New York State Mined Land Reclamation Law permit is required, the Planning Board shall have the authority to review the following in relation to any proposed mine:

(1)

Ingress and egress to the mine on Town or private roads;

(2)

Routing of trucks through the Town;

(3)

Dust control and hours of operation;

(4)

Setbacks from property lines;

(5)

Visual impacts and screening, including vegetative cutting and lighting;

(6)

Off-site vibrations;

(7)

Water quality;

(8)

Off-site noise.

§ 115-40 Off-street parking requirements.

For the uses listed in the table entitled "Off-Street Parking Schedule,"[1] parking shall be provided as required and subject to the following rules and requirements:

For uses not expressly listed in the mandatory off-street parking table, parking spaces shall be provided on the same basis as required for the most similar use listed or as determined by the Planning Board where site plan approval is required or by the Code Enforcement Officer in all other instances. If the Planning Board finds that compliance with the off-street parking requirements would have an adverse impact upon the physical environment or visual character of the area, and if the Board also finds that all of the parking required in the Off-Street Parking Schedule will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed.

When parking spaces are required on the basis of the number of employees or staff, the maximum number present at any one time (greater than a thirty-minute period) shall govern.

In general, off-street parking shall be provided on the same lot or tax parcel as the principal use. The required off-street parking may be provided on a separate lot or tax parcel that is within 300 feet of the parcel with the principal use, provided that the two lots are under the same ownership and there are covenants which tie the two lots together. The Planning Board also encourages use of shared parking lots having cross-easements between them.

Each off-street parking space shall be nine feet by 18 feet and shall be serviced by an aisle no less than 24 feet wide.

Parking spaces for physically impaired persons shall be designed in accordance with the New York State Uniform Fire Prevention and Building Code and shall be provided in accordance with the following, subject to Planning Board site plan review considerations:

[Amended 10-14-2008 by L.L. No. 2-2008]

Total Parking Spaces in Lot or Garage	Number of Handicapped-Accessible Parking Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
Over 1,000	20, plus 1 for each 100 over 1,000

Each accessible parking space shall be marked with a vertical sign.

Except for unusual circumstances, all parking spaces will be constructed with asphalt, concrete, rubble, crushed stone, or other material that will provide protection against potholes, erosion and dust as deemed necessary during site plan review.

All parking areas shall be adequately lighted. The Planning Board may require that lighting in parking lots be extinguished within one hour of the end of closing of a business. However, building security lights on motion-detector switches are acceptable. Parking areas in which lights are necessary all night shall be lighted in a manner that does not result in glare to surrounding residential properties or cause a traffic hazard due to glare or color. All lighting requirements identified for that district shall also be met.

In all parking areas of more than 15 spaces, landscaped areas amounting to 10% of the total paved area of the lot shall be provided by way of islands wholly contained within the paved area.

All parking areas, regardless of size and location, shall be suitably drained and maintained with slopes on paved surfaces established between 1% and 8% in parking stall areas and with driveway grades no greater than 8%.

All off-street parking lots shall be adequately demarcated with reflective painted lines or other marking to indicate traffic flow and parking spaces.

Curbing shall be installed, as required, to adequately control stormwater runoff and to delineate and protect other site features, including but not limited to sidewalks, ingress and egress locations, landscaped islands and planting beds, parking and loading areas and at intersections with existing Town, county or state roads.

Parking lots shall be placed to the side or rear of the structure.

Parking lot layout shall take into account pedestrian circulation. Pedestrian crosswalks shall be provided where necessary.

Off-Street Parking Schedule
Type of Use	Minimum Space(s) Suggested, Subject to Planning Board Review
Church	1 per 10 seats
Tourist home	1 per guest room
Boardinghouse	1 per guest room
Community building	1 per 400 square feet of floor area
Nursery school	1 per employee and 1 for every 3 students
Mobile home	2 per mobile home lot
Multifamily dwelling	2 per unit
Public utility	1 per 2 employees, plus 1 per company vehicle
Private membership club	1 per 4 seats
Hospital	1 per 2 beds, plus 1 per 2 employees/shift
Parks and playgrounds	1 per 4 persons facility is designed to accommodate at maximum capacity
Private school	1 per employee and 1 for every 3 students
Recreational facility	1 per 1,000 square feet
Recreational structure	5 per 1,000 square feet
Retail business	1 per 300 square feet of sales floor area and 1 per 2 employees
Personal service	1 per 200 square feet of gross floor area
Professional office	1 per 300 square feet of floor space
Bank	1 per 200 square feet of gross floor area, plus 1 per 2 employees
Restaurant	1 per 4 seats, plus 1 per 2 employees
Funeral home	1 per 400 square feet of floor area, plus 1 per company vehicle
Antique shop	1 per 300 square feet of sales floor, plus 1 per 2 employees
Kennel/Animal hospital	1 per 2 employees, plus 2 per 300 square feet of floor area
Hotel/Motel	1 per bedroom, plus 1 per 2 employees
Vehicle sales and service	1 per 200 square feet of sales floor area, plus 1 per 600 square feet of service floor area, plus 1 per company vehicle
Wood/Fuel/Feed storage	1 per employee, plus 1 per company vehicle
Bar	1 per 4 seats, plus 1 per 2 employees
Car wash	1 per bay, plus 1 per 2 employees
Indoor recreation	1 per 5 seats
Building material supply	1 per 200 square feet of sales floor area, plus 1 per company vehicle
Light industry	1 per 2 employees, plus 1 per company vehicle
Self-storage	1 per 2 employees

[1]

Editor's Note: The Off-Street Parking Schedule is included at the end of this section.

§ 115-41 Off-street loading requirements.

Off-street loading spaces shall be provided as required by the Planning Board and subject to the following guidelines:

Nonresidential uses. Nonresidential uses shall have at least one space for a building with a floor area of 5,000 square feet to 20,000 square feet or fraction thereof, except that where deliveries do not exceed one vehicle per day, no additional space will be required.

Industrial uses. Industrial uses shall have at least one space for 5,000 square feet to 10,000 square feet; or as required by the Planning Board.

Each required off-street loading area shall have the following minimum dimensions:

(1)

Width equal to 12 feet.

(2)

Length equal to 55 feet.

(3)

Height equal to 14 feet.

In general, off-street loading areas shall not be permitted in front of any principal building.

Loading areas shall be located and designed so that the vehicle intended to use them can maneuver safely and the loading and unloading operation can proceed without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

Except for unique circumstances, all off-street loading areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust.

All off-street loading areas shall be adequately drained and have adequate lighting.

§ 115-42 Vegetative screen; parking buffer.

Parking shall not normally be allowed in front of any principal building having a nonresidential use in the RH District.

In the RH District, a minimum buffer area of 30 feet in width is to be maintained along any property line abutting a residential use.

In the RH District, a vegetative screen no less than 10 feet wide and six feet high shall also be placed in the buffer along the extent of a parking and/or loading area that abuts a residential use.

Parking shall not be allowed in the front yard setback in the C1 Zone. The front yard shall be landscaped in a manner acceptable to the Town of Galway Planning Board.

In the C1 Zone, a minimum buffer area of 50 feet in width is to be maintained along any property line abutting a residential use.

In the C1 Zone, a vegetative screen no less than 20 feet wide and six feet high shall also be placed in the buffer along the extent of any parking and/or loading areas that abuts a residential use.

All vegetative materials to be used for buffering and screening shall be subject to Planning Board approval.

Adequate refuse storage and disposal area must be provided and screened by either fencing or vegetative material.

§ 115-43 Purpose of planned development districts.

The purpose of the planned development district (PDD) classification is to support creation of multiuse (residential, commercial and industrial) districts, known as “PDDs”. This classification provides a vehicle for the rezoning of land to residential, commercial and industrial development zones, either jointly or separately, in conformance with provisions and standards which ensure compatibility among all land uses, while fostering innovation in site planning and development and encouraging sound design practices. Provisions are included for PDDs in order to permit the establishment of areas of unique design, which will have a beneficial effect to the community, which could not otherwise be achieved under any other zoning district. Through this provision, diverse uses may be brought together in a compatible and unified plan of development, which shall be in the general welfare of the public. The granting of design and development flexibility should promote superior land planning, while affording greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure. The PDD classification will support the Town in managing growth in a manner which maximizes the preservation of valuable open space, thereby protecting and preserving the natural and scenic qualities of such areas consistent with the Town Comprehensive Plan.

§ 115-44 Objectives of planned development districts.

In order to carry out the intent of §§ 115-43 through 115-46, a planned development district shall strive to achieve the following objectives:

Preservation of the rural characteristics of the Town of Galway through the use of appropriate architectural and landscape design.

Prevention of detrimental impacts to the natural characteristics of the site and present or potential uses of surrounding land.

Preservation of trees, environmentally sensitive sites, outstanding natural topography and geological features while minimizing soil erosion and detrimental surface drainage.

Preservation of historic areas and maintenance of adequate greenspace and recreational areas.

Provision for adequate infrastructure with respect to transportation, utilities, recreational facilities and community services so as to avoid a negative impact on the existing community.

§ 115-45 Standards for planned development districts.

The standards for planned development districts are to provide the Planning Board with a means to evaluate applications for the districts consistent with the provisions and general intent of this chapter and the Comprehensive Plan of the Town. The Town Board may modify these standards based on a review of written justification for such modification provided by the applicant.

Residential standards. A residential planned development district may incorporate a variety of housing types, such as detached, attached or any combination thereof. Accessory uses, including neighborhood commercial facilities, mixed-use structures, religious institutions, educational facilities, private and public clubs and recreational facilities, may be allowed as determined appropriate by the Town Board.

(1)

Density. Because land is used more efficiently in a planned development district, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection; at a minimum the following.

(2)

Area, yard, coverage and supplementary regulations.

(a)

District area minimum: 10 acres.

(b)

District width minimum: 300 feet.

(c)

District depth minimum: 500 feet.

(d)

Densities.

Description	Maximum Number of Units/Net Acre
One-family dwelling (detached)	2
Two-family dwelling	2
One-family dwelling (attached) (townhouse)	4
Multifamily dwelling	4
Nonresidential	40,000 square feet of land for each 10,000 square feet of building

(e)

Net acreage. In computing total net acreage of a site, deduct all acreage considered undevelopable due to steep slope greater than 20%, wetlands and watercourses, etc.

(f)

Minimum yards required for permitted residential uses: Front yards, rear yards and side yards for residential uses shall be designed so that no building is closer than 20 feet to any other building and no building is closer than 50 feet to any boundary line of the district or public street.

(g)

Maximum building and impervious surface coverage: 30% (of any single lot or the net acreage of the district as a whole).

(h)

Maximum height of structures: 35 feet.

(i)

Off-street parking and loading spaces: See §§ 115-40 and 115-41.

(j)

Greenspace. An area in addition to required lot area, equal to not less than a minimum of 10% of the gross development area, shall be developed and maintained as common open space. Such common open space shall be developed for active recreation (with facilities); or sitting areas (with facilities); or bicycle, walking or horse trails (marked by developed paths); or undeveloped wooded areas (cleared of underbrush); or any other uses found appropriate by the Planning Board or Town Board. Infrastructure such as roads, sidewalks and parking areas is not considered open space.

(k)

Signs and displays: See §§ 115-30 through 115-32.

(l)

Landscaping. Adequate landscaping shall be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PDD and surrounding uses and shall follow all parking standards of § 115-40.

Commercial standards. A commercial planned development district shall permit principally commercial and business uses of a variety of types, such as retail stores, restaurants, professional offices, hotels, motels and such other uses as may be deemed appropriate by the Town Board for the area under construction.

(1)

(2)

Area, yard, coverage and supplementary regulations.

(a)

District area minimum: five acres.

(b)

District width minimum: 350 feet.

(c)

District depth minimum: 300 feet.

(d)

Front yard minimum: 80 feet.

(e)

Rear yard minimum: 60 feet or 200 feet when abutting residential uses or districts.

(f)

Side yard minimum: 30 feet each side or 200 feet abutting residential uses or districts. No side yard is required for commercial buildings with a separating firewall.

(g)

Maximum coverage: 40% (of any single lot or the net acreage of the district as a whole).

(h)

Maximum height of structure: 35 feet.

(i)

Off-street parking and loading spaces: See §§ 115-40 and 115-41.

(j)

Signs and displays: See §§ 115-30 through 115-32.

(k)

Landscaping: Adequate landscaping and screening shall be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PDD and surrounding uses.

Industrial standards. An industrial planned development district shall permit principally research and development facilities, high technology assembly, light manufacturing industries, warehouses, wholesale uses, public utilities, service and repair and such other uses as may be deemed appropriate by the Town Board for the area under consideration.

(1)

(2)

Area, yard, coverage and supplementary regulations.

(a)

District area minimum: 10 acres.

(b)

Lot area minimum: three acres.

(c)

Lot width minimum: 300 feet.

(d)

Lot depth minimum: 200 feet.

(e)

Front yard minimum: 80 feet.

(f)

Rear yard minimum: 60 feet or 200 feet when abutting residential uses or districts.

(g)

Side yard minimum: 60 feet on each side or 200 feet when abutting residential uses or districts. No side yard is required for industrial buildings with a separating firewall.

(h)

Maximum coverage: 50% (of any single lot or the net acreage of the district as a whole).

(i)

Maximum height of structures: 35 feet.

(j)

Off-street parking and loading spaces: See §§ 115-40 and 115-41.

(k)

Signs and displays: See §§ 115-30 through 115-32.

Recreational standards. A recreational planned development district may incorporate a variety of activities and facilities promoting either active or passive recreation for all people in the community, including those who are handicapped or physically challenged.

(1)

(2)

Area, yard, coverage.

(a)

District area minimum: 10 acres.

(b)

Minimum frontage: 300 feet.

(c)

Minimum front yard: 75 feet.

(d)

Minimum rear yard: 100 feet.

(e)

Minimum side yard: 100 feet.

(f)

Maximum coverage: 40%.

(g)

Maximum height: 35 feet.

(h)

Off-street parking, etc.: See § 115-40.

(i)

Signs and displays: See §§ 115-30 through 115-32.

(j)

Landscaping: Adequate landscaping shall be provided to reduce the visual impact of off-street parking areas and to provide a logical transition between the PDD and surrounding uses.

§ 115-46 Planned development district procedure.

Prior to making any formal submission, the applicant shall arrange to meet with the Planning Board for a preapplication conference (See § 115-75 of this chapter.) in order that the nature of this proposal and the application procedure can be discussed.

[Amended 10-14-2008 by L.L. No. 2-2008]

Application.

(1)

The owner of the land (or agent thereof, hereinafter referred to as the “owner”) shall submit an application and the appropriate fees to the Town Board for a change in district to a planned unit development district, said application to include the required application fee, 13 copies of a sketch plan and three copies of a completed environmental assessment form, Part 1. Within 31 days of receipt of the application, the Town Board shall refer 12 copies of the application, sketch plan and EAF to the Town Planning Board. The Planning Board Clerk will forward a copy of the application, sketch plan and EAF to the Saratoga County Planning Board pursuant to General Municipal Law § 239-m. However, if the Town Board determines that the proposal does not merit review because it does not meet the objectives of Chapter 115 or the Town's Comprehensive Plan, it shall so notify the applicant, shall not refer the application to the Planning Board or the County Planning Board, and no further action on the application shall be taken.

(2)

The application will contain the following information:

(a)

Completed application form.

(b)

Completed EAF Part 1.

(c)

Legal description of the property to be developed.

(d)

Sketch plans drawn at a scale of not less than one inch equals 100 feet showing:

[1]

General topographical and subsoil conditions, nearby historic and/or public areas, existing natural features and identifying adjacent properties and their ownership.

[2]

Proposed buildings, lot lines, land use areas, tree lines, natural features to be preserved, proposed traffic circulation (vehicular and pedestrian), ingress and egress, including identification of existing public roads to be utilized, approximate parking and loading areas, accommodations for emergency vehicles.

[3]

Existing structures, existing utilities and deeded rights-of-way.

[4]

Proposed landscaping and greenspace plan.

[5]

Schematic of typical structures proposed.

[6]

Proposed utilities (public or private), including electric, water supply, sewer and stormwater drainage facilities to be constructed (below grade utility corridors preferred).

[7]

Proposed construction sequence for buildings, recreation areas and greenspace.

[8]

Proposed PDD name and proposed street names (see list of recommended street names).

(e)

As part of the sketch plan review phase, the owner shall prepare a proposed local ordinance required for the creation of the planned development district. The proposed ordinance shall follow the format of a model ordinance provided by the Planning Board, and any recommendations of the Planning Board shall be incorporated into the proposed ordinance.

(f)

Signed engineering and legal fee agreements to encompass items, required for all phases of the review process and for specific portions of the project after approval, if applicable.

(g)

Project narrative description for the project which establishes the need for the project and addresses the impact on the community, the existing roads, the adjacent properties and the school district. The narrative should also include other appropriate elements, such as ownership and maintenance of the land, utilities and roadways within the project.

(h)

Evidence to demonstrate the applicant's competence to carry out the plan and his/her awareness of the scope of such a project, both physical and financial, including the payment of applicable fees.

(3)

The Planning Board may, during its review of the project, request additional information that is deemed necessary to properly evaluate the project when it is passed to the Planning Board for review.

Within 93 days after receiving the application, the Planning Board shall approve, approve with modifications or disapprove such application and shall report its findings to the Town Board.

Within 62 days of receipt of recommendation from the Planning Board, the Town Board shall hold a public hearing and within 93 days reach its decision.

§ 115-47 Adult uses.

Statement of purpose. In the execution of these provisions, the Town of Galway recognizes that there are some adult uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration within an area, thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that state and local governments have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town, to deter the spread of blight and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to churches, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas.

Adult uses and adult business uses, as defined in § 115-7 of this chapter, are to be restricted in the following manner, in addition to any other requirements for commercial businesses:

(1)

Adult uses and adult business uses are permitted only in the C1 District.

(2)

Adult uses and adult business uses shall not be located within a five-hundred-foot radius of any Rural Hamlet District, Residential Core District, or any property used for residential purposes. For measurement purposes, the distance between an adult use and any residential zoning district and property used for residential purposes shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.

(3)

Adult uses and adult business uses shall not be located within a one-thousand-foot radius of another adult use. For measurement purposes, the distance between adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of any adult use to the closest structural wall of any other adult use.

(4)

Adult uses and adult business uses shall not be located within a one-thousand-foot radius of any school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility. For measurement purposes, the distance between an adult use and other such named uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the closest property boundary of such school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility.

(5)

Not more than one adult use or adult business uses shall be located in the same building or upon the same lot or parcel of land.

(6)

No loudspeakers or sound equipment shall be used for adult uses or adult business uses that can be discerned by the public from public or semipublic areas.

(7)

Adult uses shall be on a minimum parcel size of three acres.

§ 115-48 Bed-and-breakfasts.

Bed-and-breakfasts shall be owner-occupied, and their certificate of occupancy shall so stipulate, and shall not contain more than six bedroom units for rent in addition to a dwelling unit.

Off-street parking shall not be located in a front yard and shall be screened from roads and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for members of the owner's family residing in the dwelling unit as well as one parking space per room shall be provided.

Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area. There shall be no changes to the front facade that change the residential character of the structure.

Each bedroom occupied by a paying guest shall be equipped with a properly installed and functioning smoke detector. Further, a smoke detector shall be properly installed and functioning on or near the ceiling in the room or hallway from which each bedroom rented to paying guests exists.

The Code Enforcement Officer shall be given such access to the dwelling as he deems necessary from time to time for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.

A single exterior sign or display may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed six square feet in area. No freestanding sign shall be located less than 15 feet from the front property line or less than five feet from the side property line. Further, said sign or display shall be as unobtrusive as reasonably possible and may be illuminated by no more than two seventy-five-watt light bulbs, which shall be shielded so as to prevent glare, etc.

The bed-and-breakfast shall be maintained and operated at all times so as to comply with the New York State Uniform Fire Prevention and Building Code and the rules and regulations promulgated thereunder, as amended.

During site plan review, the Planning Board shall consider the:

(1)

Adequacy and arrangement of vehicle traffic access and circulation.

(2)

Location, arrangement, appearance and sufficiency of off-street parking.

(3)

Location, arrangement, size and design of lighting and signs.

(4)

Relationship and compatibility of proposed use (bed-and-breakfast) to uses of adjacent parcels in the immediate vicinity, together with their scale.

(5)

Adequacy, type and arrangement of trees, shrubs, fences and other landscaping or improvement constituting a visual or noise-deterring buffer between the site and adjacent or adjoining uses.

§ 115-49 Home occupations.

It is the intent of this section to ensure the compatibility of home occupations with other uses, maintain and preserve the character of the neighborhood, ensure peace, quiet and domestic tranquility within residential areas, and allow residents to engage in gainful employment in their homes while avoiding excessive noise, traffic, nuisance, fire hazards and other possible adverse effects of commercial uses.

General standards for all home occupations, except low-impact home occupations:

(1)

A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents and does not alter the character of the neighborhood. A home occupation may be conducted within a dwelling unit and/or within accessory structures.

(2)

One parking space for each employee shall be provided. Where a home occupation is authorized, no off-site parking shall be permitted.

(3)

No other professional shall be permitted to share, let, or sublet space for professional use.

(4)

No more than 800 square feet or 30% of the total floor area of a dwelling shall be utilized. A home occupation may be located in an accessory building not to exceed 800 square feet.

(5)

Any signs used in conjunction with a home occupation shall meet the requirements of § 115-30 of this chapter.

(6)

All exterior aspects of the home occupation shall not disrupt the residential character of the area. There shall be no exterior display, exterior storage of materials or other exterior evidence of any home occupation except for signs and off-street parking.

(7)

No home occupation shall produce any odor, noise, vibration, smoke, dust, heat or glare that exceeds the average level in the immediate vicinity, and is detectable beyond the property line of such parcel.

(8)

Minor and major home occupations will require special use permit approval from the Planning Board. The Planning Board, on issuing a special use permit, must find that the proposed home occupation meets the criteria and standards in this section as well as generally applicable special permit standards in Article VII of this chapter. A special use permit issued in accordance with this section shall be issued only to the applicant and shall not be transferred to another person.

Specific requirements for major and minor home occupations.

(1)

Home occupation, major. The following standards are applicable to major home occupations: An individual may, with special use permit and site plan approval from the Planning Board, conduct his/her business, trade or profession in his/her home or residence, provided that no more than three other persons are employed in addition to the owner or tenant of the property.

(a)

More than one home occupation may be conducted on a lot, provided that the total floor area of the dwelling devoted to all of the home occupations does not exceed the maximum floor area as provided herein.

(b)

Signage for the home occupation shall conform to the requirements for signs as set forth in this chapter.[1]

[1]

Editor's Note: See §§ 115-30 through 115-32.

(c)

Parking required for the home occupation shall be determined by the Planning Board.

(d)

Delivery and pick-up of material or commodities to and from the premises by a commercial vehicle shall not exceed three trips per week, and the parking of delivery vehicles shall not impede or restrict the movement of traffic on adjacent streets.

(2)

Home occupation, minor. An individual may, with special use permit and site plan review from the Planning Board, conduct his/her business, trade or profession in his/her home or residence, provided that: no more than one person is employed in addition to the owner or tenant of the property.

(a)

(b)

Signage for the home occupation shall conform to the requirements for signs as set forth in this chapter.[2]

[2]

Editor's Note: See §§ 115-30 through 115-32.

(c)

Parking required for the home occupation shall be determined by the Planning Board.

(d)

Home occupation, low-impact. Low-impact home occupations are permitted by right and are exempt from site plan review and special use permit requirements. A low-impact home occupation does not attract or encourage customers or clients to the premises; is conducted solely by members of the same family occupying the dwelling unit as their full time residence; has no exterior display, exterior storage of materials or other exterior evidence of any home occupation; has no signage advertising the existence of the home occupation; and requires no exterior alteration, addition or change to the structure that would require a building permit in order to accommodate such use within the structure or an accessory structure on the same lot.

§ 115-50 Swimming pools.

Fencing. No person or persons, association or corporation shall maintain a swimming pool, as defined above, within the Town of Galway without first safeguarding such a swimming pool with a permanent protective fence. The fence shall be installed so as to encompass the entire perimeter of the swimming pool and at a reasonable distance therefrom. The fence shall be structurally sound, durable and must be maintained in such condition. The fence shall be a minimum of four feet in height and, any other contrary provision in this chapter notwithstanding, may have a maximum height of eight feet. The fence shall be of wooden or wire construction, and the materials shall be adequate to prevent and prohibit entrance to the pool by children and animals. If of wire construction, the fencing is not to have a linkage more than two inches in diameter. The entrance gate or gates shall have a closing device with a protective fastening latch and locking device. Such fence and appurtenances shall be approved in writing by the Code Enforcement Officer of the Town of Galway before installation.

Existing pools. The Code Enforcement Officer is hereby authorized and directed to inspect swimming pools existing at the time of the adoption of this chapter. If they have fences, the Code Enforcement Officer shall approve them if they substantially comply with the foregoing provisions. If the fences do not substantially comply or if the pool has no fence, a fence shall be erected or altered to comply with the provisions of this chapter within 180 days after the adoption of this chapter.

The provisions for fences shall not apply to aboveground pools, but if the pool is more than 24 inches in depth, there shall be a fence around the steps leading to the pool which shall comply with the above fencing requirements, except that if there are removable steps or foldaway steps with locking device, no fence shall be required.

§ 115-51 Fences.

Newly constructed fences and walls shall not exceed eight feet in height where erected in side or rear yards nor three feet in height when erected within 25 feet of the front lot line or highway right-of-way, except wire fencing (cyclone, barbed, American) which may be five feet. In no case shall fences or walls impair vision for safe ingress and egress from that or adjoining properties. Fences shall be constructed of suitable material compatible with adjacent areas.

All such fences and walls shall be measured from the ground level at the base of the fence or wall.

§ 115-52 Accessory apartments.

One dwelling unit serving as an accessory apartment shall be permitted as an accessory use within a single-family dwelling in any residential district subject to special use permit approval by the Planning Board. The accessory apartment may be located within the principal building or an accessory building located on the same lot. The certificate of occupancy for the principal use shall clearly identify such accessory dwelling unit and its floor area.

In addition to the above, an accessory apartment shall comply with the following provisions:

(1)

The apartment shall be clearly subordinate to the one-family dwelling unit.

(2)

The number of bedrooms in the apartment shall be not more than two.

(3)

The floor area of the apartment shall be greater than 400 square feet.

(4)

The floor area devoted to the apartment shall be less than 40% of the entire floor area of the one-family dwelling or 1,000 square feet, whichever is less.

(5)

The apartment and one-family dwelling shall have a safe and proper means of entrance, clearly marked for the purpose of firesafety and mail service.

(6)

If the water supply is from a private source, the applicant shall certify that the water supply is potable and of adequate flow.

(7)

The applicant shall certify that the sewage disposal system is adequate for the two units. Failure to correct promptly any resulting sewage system problem shall result in revocation of the special permit.

(8)

No special permit shall be granted in any case where the Department of Health has determined that the water or sewage system serving the dwelling or dwellings in question is for any reason not capable of handling the additional demand that would be imposed upon it in the event the special permit were issued thereunder.

(9)

Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shall a stairway or fire escape be located on any wall fronting on a street.

(10)

The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises.

§ 115-53 Historic preservation.

Purpose. It is hereby declared that the preservation of architecturally historic sites, areas, buildings and landmarks located in the Town of Galway is essential to the general welfare of the community. The purpose of this section is to:

(1)

Safeguard the heritage of the Town of Galway by preserving sites and districts in the Town which reflect its cultural, social, economic, political and architectural history.

(2)

Protect buildings, structures, and areas in the Town which are recognized as architecturally historic sites and landmarks.

Planning Board review. During any subdivision or site plan review process, the Planning Board shall consider impacts of new development on any adjacent structure or location that is listed on, or eligible for listing on, the state and federal national historic registers and shall take into consideration the following:

(1)

Consistency of the project with existing conditions and the general appropriateness of the exterior design arrangement, texture and materials proposed to be used in relation to the historic resources. New construction should be consistent with the architectural style of historic resources.

(2)

The scale of proposed alteration or new construction in relation to the property itself and any surrounding historic properties.

(3)

Visual compatibility with surrounding historic resources.

§ 115-54 General performance standards.

[Added 4-8-2014 by L.L. No. 1-2014; amended 10-13-2015 by L.L. No. 2-2015; 5-10-2016 by L.L. No. 1-2016]

The following general performance standards are applicable to all zoning districts within the Town of Galway unless otherwise provided herein. No use shall be permitted that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions or other local, state and federal laws, rules or regulations.

Noise.

(1)

No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category stated below when measured at or within the property boundary of the receiving land use:

Receiving Land Level Use Category	Sound Limit (dBa)
Residential	55
Commercial	62

(2)

For any source of sound which emits a pure tone, a discrete tone or an impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa.

Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases that would not normally be associated with a residential or agricultural premises shall be disseminated beyond the boundaries or the lot where such use is located.

Artificial lighting.

(1)

Purpose. The purpose of this section is to provide regulations for artificial lighting that will:

(a)

Permit the use of artificial lighting that does not exceed the maximum levels specified herein for nighttime safety, utility, security, productivity, enjoyment, and commerce;

(b)

Minimize adverse offsite impacts of artificial lighting such as light trespass and obtrusive light;

(c)

Curtail artificial lighting pollution, reduce skyglow, and improve the nighttime environment for astronomy;

(d)

Help protect the natural environment from the adverse effects of artificial lighting from gas or electric or other sources; and

(e)

Conserve energy and resources to the greatest extent possible.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

ARTIFICIAL LIGHTING

"Electric" or "gas" or any other "man-made" lighting.

FOOTCANDLE

The amount of light from one candle at one foot from the source of the light.

LAND

Includes not only structures but the ground, soil or earth as commonly understood.

PROPERTY LINE

The edges of the legally defined extent of privately owned property.

STRUCTURE

A dwelling, barn, pole or elevated object, or a building or other structured improvement on any premises, of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical or gas fixtures.

VERTICAL ILLUMINANCE

Illuminance measured or calculated in a plane perpendicular to the property line.

(3)

Restrictions on artificial lighting. The vertical illuminance provided by artificial lighting on any land in the Lake District, as delineated and defined in this chapter, shall not exceed 0.10 footcandle measured at any point in the vertical plane of a property line.

(4)

Applicability.

(a)

Except as described below, all artificial lighting installed or used after the date of effect of this section shall comply with these requirements. This includes, but is not limited to, new artificial lighting or replacement of such lighting, or any other such artificial lighting, whether attached to structures, poles, the land, or any other location, including such artificial lighting installed by any third party.

(b)

Notwithstanding any provision of this chapter, section, or law to the contrary, no artificial lighting existing prior to the effective date of this section shall be deemed a nonconforming use or otherwise exempted from the application of this section.

(c)

The following are not regulated by this section: Artificial lighting within a public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply, however, to any artificial lighting within the public right-of-way or easement when the purpose is to illuminate areas outside the public right-of-way or easement, unless regulated with any "streetlighting ordinance" adopted by the Town of Galway.

(d)

Artificial lighting installed prior the effective date of this section shall comply with the following:

[1]

Amortization. On or before one year from the effective date of this section, all artificial lighting shall comply with this section.

[2]

New uses or structures, or change of use. Whenever there is a new use of a property (zoning or variance change) or the use on the property is changed, all artificial lighting on the property shall be brought into compliance with this section before the new or changed use commences.

[3]

Additions or alterations.

[a]

Major additions. If a major addition occurs on a property, artificial lighting for the entire property shall comply with the requirements of this section. For purposes of this section, the following are considered to be major additions:

[i]

Additions of 25% or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this section.

[ii]

Single or cumulative additions, modification or replacement of any artificial lighting existing as of the effective date of this section.

[4]

Resumption of use after abandonment. If a property with nonconforming artificial lighting is abandoned for a period of six months or more, then all artificial lighting shall be brought into compliance with this section before any further use of the property occurs.

Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream or into the ground, except in strict conformance with the standards approved by the New York State Department of Health and Environmental Conservation or other duly empowered agency.

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire-suppression equipment and devices standard in the industry. All applicable requirements of the New York State Fire and Building Codes, as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be fully observed.

Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planned and maintained in such a manner as to provide an inoffensive setting which is consistent with the general use of the area.

Galway Town City Zoning Code

ARTICLE VI

Supplemental Regulations

§ 115-23 Incentive zoning.

[1]

Editor's Note: See Ch. 100, Subdivision of Land.

(1)

Open space for conservation or agriculture.

(a)

(b)

(1)

That the proposed adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situate.

(2)

(3)

(4)

That the proposed adjustments would not adversely affect the public health, safety or welfare, or those of the residents of the project or neighboring lands.

(5)

That the necessary water and septic requirements can be met with the proposed density adjustments.

§ 115-24 Clustered and conservation subdivisions.

(1)

(2)

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

(3)

To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups.

(4)

To conserve a variety of resources lands as established in the Town of Galway Comprehensive Plan.

(5)

To protect agricultural areas by conserving blocks of land large enough for continued agricultural operations.

(6)

To create neighborhoods with direct visual or physical access to open land and that have strong neighborhood identity that is consistent with the rural character of Galway.

(7)

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.

(8)

To conserve elements of the Town's rural character, and to minimize views of new development from existing roads.

Applicability, uses and density.

(1)

Applicability. The Planning Board shall apply clustered or conservation subdivision according to the district requirements.

(2)

(3)

(a)

Land contained within public rights-of-way; and

(b)

Land contained within the rights-of-way of any existing or proposed streets; and

(c)

All areas occupied by public utility easements; and

(d)

All floodplains, wetlands, slopes of 20% or greater, and water bodies.

(4)

Cluster and conservation subdivision design process.

(1)

(2)

(a)

Slopes: slopes of 20% or greater.

(b)

Water resources: wetlands, aquifer and aquifer recharge areas, if known, municipal water supply areas, flood-prone areas as shown on Federal Emergency Management Agency maps, streams.

(c)

(d)

Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.

(e)

Critical environmental areas. lands within or contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Environmental Conservation Law, if any.

(f)

Designated open space areas: lands contiguous to publicly owned or designated open space areas, or privately owned designated natural areas.

(g)

Historic structures and sites: historic structures or areas of national, state or local importance, if any.

(h)

Scenic viewsheds and special features: sites bordering or in known scenic locations identified in the Town's Comprehensive Plan.

(i)

(j)

Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance.

(k)

Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.

(l)

(m)

Topography, the contour lines of which shall be at two-foot intervals.

(n)

(o)

Any ridgelines on the property shall be identified.

(p)

The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.

(q)

Locations of all historically significant sites or structures on the tract and on any abutting tract.

(r)

All easements and other encumbrances of property which are or have been filed of record with the Saratoga County Clerk's Office shall be shown on the plan.

(s)

Location of any prime farmland soils, soils of statewide importance, and active agricultural lands.

(3)

(a)

(4)

(a)

(b)

(c)

(d)

Step 4: Drawing In the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.

(e)

(1)

(2)

Minimum street frontage: 40 feet.

(3)

(4)

Maximum impervious coverage. No more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

(5)

Open space standards:

(1)

(2)

Open space lands shall be laid out to enable an interconnected network of open space.

(3)

(4)

(5)

No portion of any house lot may be used for meeting the minimum required open space land unless encumbered with a restriction.

(6)

The required open space may be used, without restriction, for underground drainage fields or for individual or community septic systems.

(7)

Evaluation criteria.

(1)

House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas.

(2)

[1]

Editor's Note: See Ch. 100, Subdivision of Land.

(3)

(4)

At least three-quarters of the lots shall directly abut or face conserved open space, if practical.

(5)

The Planning Board shall evaluate proposals to determine whether the proposed layout:

(a)

Protects all floodplains, wetlands, and steep slopes from clearing, grading, filling or construction.

(b)

Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(c)

Sites dwellings on the least prime agricultural soils, or in locations at the edge of a field, as seen from existing roads if development is on open fields.

(d)

(e)

Maintains or creates a buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs and ponds.

(f)

Designs around existing hedgerows and tree lines between fields or meadows and minimizes impacts on large woodlands greater than five acres.

(g)

Designs around and preserves sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

(h)

Provides open space that is reasonably contiguous.

(i)

Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the New York State Department of Environmental Conservation.

Streets and driveways.

(1)

Common driveway access may be provided. A pedestrian circulation and/or trail system may be designated and installed sufficient for the needs of residents, as deemed practical by the Planning Board.

(2)

(3)

(4)

(5)

(6)

Single-loaded streets are encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.

(7)

Common areas and both sides of new streets should be landscaped with native species of shade trees.

Permanent protection of open space.

(1)

All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through one of the following:

(a)

A conservation easement, in a form acceptable to the Town and recorded at the County Clerk's office.

(b)

A deed restriction, in a form acceptable to the Town and recorded in the County Clerk's office where a conservation easement has been shown not to be practicable.

(2)

[Amended 10-14-2008 by L.L. No. 2-2008]

(a)

The conservation organization is acceptable to the Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law.

(b)

(c)

A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Galway to insure perpetual maintenance of the open space.

(d)

(3)

(a)

(b)

The open space restrictions must be in perpetuity.

(c)

(d)

The Planning Board shall find that the HOA documents satisfy the conditions above.

(e)

(f)

(g)

The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

(h)

(i)

The association shall have adequate resources to administer, maintain, and operate such common facilities.

Maintenance standards.

(1)

The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space through annual dues or special assessments.

(2)

(3)

(4)

§ 115-25 Driveway interface construction; permit and rural road standards.

(1)

The applicant shall furnish all materials and bear all costs of construction.

(2)

(3)

The angle of the driveway with respect to the highway pavement edge shall not be less than 60° nor more than 120°.

(4)

No driveway will be permitted within 50 feet of an intersection, and wherever possible, driveways shall abut.

(5)

A residential driveway entrance shall be a maximum of 20 feet and not less than 12 feet wide at the culvert line.

(6)

(7)

A drainage pipe must not be less than 12 inches inside diameter and be of either reinforced concrete, corrugated metal or plastic pipe suitable for the application.

(8)

The pipe shall be placed so that the inside flow line of the pipe is at the bottom of the ditch and sloped true to the ditch grade, maintaining free and unobstructed flow.

(9)

The highway shoulder slope must not be altered.

(10)

(11)

See also Subdivision of Land, Chapter 100, Article IV (to be included with a revised Subdivision Regulations).

§ 115-26 Private sewage disposal; standards; inspection.

Table 1 Separation Distances from Wastewater System Components
System Component	Well or Suction Line (feet)	To Stream, Lake, Watercourse(b), or Wetland (feet)	Dwelling (feet)	Property Line (feet)
House sewer	25 cast iron	25	10	10
	50 otherwise
Septic tank	50	50	10	10
Effluent line to distribution box	50	50	10	10
Distribution box	100	100	20	10
Absorption field	100(a)	100	20	10
Seepage pit	150(a)	100	20	10
Dry well (roof and footing)	50	25	20	10
Raised or mound system	100(a)	100	20	10
Evapotrans- piration- absorption system	100(a)	50	20	10
Composter	50	50	20	10

NOTES:
(a)	When sewage treatment systems are located on coarse gravel or upgrade and in the path of drainage to a well, the closest part of the treatment system shall be 200 feet from the well.
(b)	Mean high water mark.
(c)	For all systems involving the placement of fill material, separation distances are measured from the toe of slope of the fill.

§ 115-27 Alteration and/or repair of private sewage system.

§ 115-28 Landfills; waste disposal.

No sanitary landfill or refuse collection or disposal area shall be permitted in the Town of Galway except landfills operated by and for the Town of Galway.

The depositing or disposal of waste, refuse and any other materials shall be governed by New York State Solid Waste Regulations.

§ 115-29 Public utilities.

§ 115-30 Permanent signs.

For the purpose of this section, a "sign" shall be defined as any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

General regulations.

(1)

Only signs conforming to the following requirements will be permitted in any district of the Town:

(a)

Signs will be limited to announcement, professional, sale or service signs pertaining to Town of Galway activities only.

(b)

(c)

[1]

Size, bulk, and mass.

[2]

Texture and materials.

[3]

Colors.

[4]

Lighting and illumination.

[5]

Orientation and elevation.

[6]

Location.

[7]

Proximity to streets.

[8]

Design, including size and character of lettering, logos and related content.

(2)

(3)

(4)

(5)

No sign, other than an official traffic sign, shall be erected within the right-of-way of any public street or highway.

(6)

Exempt signs. The following signs are exempt from these provisions.

(a)

Public service signs; promotional and directional signs.

(b)

(c)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(d)

(e)

Number and name plates identifying residences or home occupation businesses mounted on the house, building, apartment or mailbox, not exceeding two square foot in area.

(f)

(g)

Private-owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet for a period not exceeding seven days in any one month.

(h)

Religious holiday decorations, including lighting, displayed for the period from three days before Thanksgiving until the first week of the following year.

(i)

Political signs not to exceed 60 days.

Standards.

(1)

(2)

All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(3)

All signs shall be constructed of durable materials and shall be maintained in a good condition.

(4)

No sign shall project beyond property lines or over public sidewalk areas or vehicular traffic areas.

(5)

No sign shall be located higher than the building to which it is attached.

(6)

Illumination of any sign shall not produce a direct glare beyond the limits of the property.

(7)

All wiring to freestanding signs shall be underground and/or concealed within the sign structure.

(8)

No sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights except to show time, date, and temperature.

Only signs conforming to the following requirements will be permitted in any district of the Town:

(1)

Signs will be limited to announcement, professional, sale or service signs pertaining to Town of Galway activities only.

(2)

(3)

(a)

Size, bulk and mass.

(b)

Texture and materials.

(c)

Colors.

(d)

Lighting and illumination.

(e)

Orientation and elevation.

(f)

Location.

(g)

Proximity to streets.

(h)

Design, including size and character of lettering, logos and related content.

Signs in the AR, RC, RH and L Districts:

(1)

(2)

(3)

One on-premises sign for schools and institutions, not exceeding 15 square feet in area or 10 feet in height, and set back at least 15 feet from the highway right-of-way.

(4)

(5)

Portable signs shall not be permitted.

[Amended 10-14-2008 by L.L. No. 2-2008]

(1)

(2)

(3)

Business signs shall be located at least 10 feet from the nearest lot line and 15 feet from the highway right-of-way.

(4)

(5)

Signs in shopping centers or on structures having more than one business:

(1)

(2)

(3)

All signs shall be of a uniform, harmonious design and shall be securely affixed to the facade of the building.

Portable signs.

(1)

Portable signs shall be used only in commercial districts for a new business or a business in a new location that is awaiting installation of a permanent sign.

(2)

Such portable sign may only be utilized for a period not to exceed 60 days or until installation of a permanent sign, whichever occurs first.

(3)

A separate permit for such a portable sign shall be required.

(4)

The maximum sign area requirements as set forth in this section shall apply to a single side of a sign. On a two-sided sign, only one side shall be counted in computing the sign's area.

(5)

(6)

Prohibitions.

(1)

No off-premises signs shall be allowed other than as permitted under the exempt signs provisions of this section.

(2)

No sign shall contain any moving parts.

(3)

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.

(4)

No sign shall consist of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.

Sign removal.

(1)

(2)

If any sign regulated by this section is not used in advertising, is abandoned, unsafe or insecure or is a menace to the public, it shall be removed.

(3)

§ 115-31 Temporary signs.

The following types of signs are allowed in all zones and shall not be subject to permitting by the Town of Galway:

(1)

(2)

Real estate signs. One temporary, unlighted, real estate sign not over six square feet in area pertaining to lease or sale of the property on which it is displayed shall be permitted.

(3)

Garage and lawn sales. Temporary, unlighted garage and lawn sale signs not over six square feet pertaining to temporary individual household sales of not more than four days' duration are authorized.

(4)

Community events. Temporary unlighted signs not over six square feet pertaining to community events such as craft shows, fairs, theater events, school activities, etc., shall be authorized.

All of the above signs in Subsection A must be removed immediately following the completion of the construction, event or sale involved.

Political signs. Temporary, unlighted signs not over 32 square feet pertaining to political events shall be authorized and shall be removed within six business days after said event.

§ 115-32 Occupational signs.

§ 115-33 Junkyards and junk cars.

Junk cars. No more than two junk cars shall be stored on any property unless they are stored in an existing, legal junkyard in the Town of Galway.

§ 115-34 Nonconforming uses and lots.

[Amended 5-10-2016 by L.L. No. 1-2016]

The following conditions apply to changes in status for or of a nonconforming use:

(1)

(2)

(3)

(4)

(5)

Displacement. No nonconforming use shall be granted to displace a conforming use.

(6)

Changes in nonconforming use. Changes in nonconforming uses shall be subject to the following:

(a)

Once changed to a conforming use, no use, building or structure shall be permitted to revert to a nonconforming use.

(b)

(7)

(8)

All lawfully existing nonconforming use businesses have been registered with the Zoning Administrator.

Nonconforming lots.

(1)

(a)

Such residential lot has an area of sufficient size to allow for water and wastewater treatment approved by the Saratoga County Department of Health; and

(b)

All other requirements in Appendix 3B[1] for that district are complied with.

[1]

Editor's Note: Appendix 3B is included as an attachment to this chapter.

(2)

In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

Violations of this section will be dealt with as outlined in § 115-63.

§ 115-35 Garage sale display of items.

§ 115-36 Telecommunications towers.

Application of special use permit regulations.

(1)

(2)

[1]

Editor's Note: Appendixes 3 and 4 are included at the end of this chapter.

(3)

Shared use of existing telecommunications structures. At all times, shared use of existing or approved towers shall be preferred to the construction of new towers.

(1)

An applicant shall provide the Planning Board with the following:

(a)

(b)

A completed short-form environmental assessment (EAF) and a completed visual EAF addendum.

(c)

A copy of its Federal Communications Commission (FCC) license.

(2)

(1)

An applicant proposing to share use of an existing tall structure shall be required to submit:

(a)

A completed application for a special use permit;

(b)

Documentation of intent from the owner of the existing facility to allow shared use;

(c)

(d)

(e)

A completed short environmental assessment form (EAF) and a completed visual EAF addendum; and

(f)

A copy of its Federal Communications Commission (FCC) license.

(2)

(1)

Respond within 90 days to a request for information from a potential shared-use applicant.

(2)

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

(3)

Special use permit and site plan review; submission requirements.

(1)

(2)

(1)

(2)

Visual impact assessment. The Board may require the applicant to undertake a visual impact assessment which may include:

(1)

A zone of visibility map shall be provided in order to determine locations where the tower may be seen.

(2)

(3)

Assessment of alternative tower designs and color schemes, as described in Subsection L below.

(4)

Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

(1)

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

(2)

Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

(3)

(4)

The Board may request a review of the application by a qualified professional engineer in order to evaluate the need for, and the design of, any new tower at the applicant's expense.

(5)

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

(6)

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including, but not limited to: company name, phone numbers, banners and streamers.

(1)

(2)

Documentation of this notification shall be submitted to the Board at the time of application.

All federal, state and local requirements must be met in order for the special use permit to remain valid.

§ 115-37 Requirements for mobile homes; permit.

All mobile homes shall be placed on a solid enclosed foundation extending below the nominal frost line. There shall be no evidence of wheels or trailer hitch once it has been installed.

No permits or certificates of occupancy shall be issued for a mobile home if said mobile home is proposed to be located within 1,000 yards of a preexisting mobile home.

(1)

(2)

Turns at intersections shall be made at the intersection center.

(3)

Tie-down design and installation must conform to the manufacturer's specification or be approved by a licensed professional engineer at the applicant's expense.

Any replacement mobile home must be a current year model. (See also § 115-38B.)

§ 115-38 Regulations for all residences.

Conventionally constructed homes must be fully constructed and erected at and on a Town site in order to permit the inspections required by the Uniform Fire Prevention and Building Code.

All single-family residences of any type shall have a minimum of 800 square feet of livable floor space, exclusive of garages, basements, porches, closed or unenclosed, and accessory buildings.

§ 115-39 Excavations and earth removal; permits.

(1)

The slope of material in any excavation or pit shall not exceed the normal limited angle of repose of such material.

(2)

The plane of such angle of repose or a slope of one on two, whichever is flatter, shall not come nearer than 100 feet to any property line or street.

The applicant must apply for and receive a mining permit if required by the State of New York.

(1)

Ingress and egress to the mine on Town or private roads;

(2)

Routing of trucks through the Town;

(3)

Dust control and hours of operation;

(4)

Setbacks from property lines;

(5)

Visual impacts and screening, including vegetative cutting and lighting;

(6)

Off-site vibrations;

(7)

Water quality;

(8)

Off-site noise.

§ 115-40 Off-street parking requirements.

For the uses listed in the table entitled "Off-Street Parking Schedule,"[1] parking shall be provided as required and subject to the following rules and requirements:

When parking spaces are required on the basis of the number of employees or staff, the maximum number present at any one time (greater than a thirty-minute period) shall govern.

Each off-street parking space shall be nine feet by 18 feet and shall be serviced by an aisle no less than 24 feet wide.

[Amended 10-14-2008 by L.L. No. 2-2008]

Total Parking Spaces in Lot or Garage	Number of Handicapped-Accessible Parking Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
Over 1,000	20, plus 1 for each 100 over 1,000

Each accessible parking space shall be marked with a vertical sign.

In all parking areas of more than 15 spaces, landscaped areas amounting to 10% of the total paved area of the lot shall be provided by way of islands wholly contained within the paved area.

All off-street parking lots shall be adequately demarcated with reflective painted lines or other marking to indicate traffic flow and parking spaces.

Parking lots shall be placed to the side or rear of the structure.

Parking lot layout shall take into account pedestrian circulation. Pedestrian crosswalks shall be provided where necessary.

Off-Street Parking Schedule
Type of Use	Minimum Space(s) Suggested, Subject to Planning Board Review
Church	1 per 10 seats
Tourist home	1 per guest room
Boardinghouse	1 per guest room
Community building	1 per 400 square feet of floor area
Nursery school	1 per employee and 1 for every 3 students
Mobile home	2 per mobile home lot
Multifamily dwelling	2 per unit
Public utility	1 per 2 employees, plus 1 per company vehicle
Private membership club	1 per 4 seats
Hospital	1 per 2 beds, plus 1 per 2 employees/shift
Parks and playgrounds	1 per 4 persons facility is designed to accommodate at maximum capacity
Private school	1 per employee and 1 for every 3 students
Recreational facility	1 per 1,000 square feet
Recreational structure	5 per 1,000 square feet
Retail business	1 per 300 square feet of sales floor area and 1 per 2 employees
Personal service	1 per 200 square feet of gross floor area
Professional office	1 per 300 square feet of floor space
Bank	1 per 200 square feet of gross floor area, plus 1 per 2 employees
Restaurant	1 per 4 seats, plus 1 per 2 employees
Funeral home	1 per 400 square feet of floor area, plus 1 per company vehicle
Antique shop	1 per 300 square feet of sales floor, plus 1 per 2 employees
Kennel/Animal hospital	1 per 2 employees, plus 2 per 300 square feet of floor area
Hotel/Motel	1 per bedroom, plus 1 per 2 employees
Vehicle sales and service	1 per 200 square feet of sales floor area, plus 1 per 600 square feet of service floor area, plus 1 per company vehicle
Wood/Fuel/Feed storage	1 per employee, plus 1 per company vehicle
Bar	1 per 4 seats, plus 1 per 2 employees
Car wash	1 per bay, plus 1 per 2 employees
Indoor recreation	1 per 5 seats
Building material supply	1 per 200 square feet of sales floor area, plus 1 per company vehicle
Light industry	1 per 2 employees, plus 1 per company vehicle
Self-storage	1 per 2 employees