Lake George Town City Zoning Code
ARTICLE V
Supplementary Lot Regulations
§ 175-17 Lot regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
A.
Subdivision of a lot.
(1)
Any person undertaking a subdivision shall comply with Chapter 150, Subdivision of Land, and any lot, parcel or site resulting from a subdivision shall be able to comply with the requirements contained in this chapter.
(2)
Where a lot is formed hereafter from the part of a lot already occupied by a building, such separations shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building, all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
B.
Existing undersized lots. Any lot lawfully held in single and separate ownership prior to the date this chapter was first adopted, whose area and/or width and/or depth are less than the specified minimum lot requirements of the chapter for that district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(1)
Such lot does not adjoin another vacant lot or lots held by the same owner, whose aggregate area is equal to or greater than the minimum lot area required for the district.
(2)
Such lot or lots are lawfully in existence prior to October 16, 1978, and have obtained all the necessary approvals.
(3)
The following minimum yard dimensions are maintained: at least 3/4 of the required footage for side, front and rear yards.
(4)
Such lot or lots comply with all other requirements for that district.
C.
Access to lots. A lot to be used for building purposes shall have direct frontage on a street, public or private, or legal deeded right-of-way, except in the RR Residential Rural District and LC Land Conservation District, pursuant to § 280-a of the Town Law.
D.
Lots under water or subject to flooding. No more than 10% of the minimum area requirement of a lot may be land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level and land in any pond not exceeding 150 square feet in area shall not be considered as under water. This does not include land used for a swimming pool. This section does not apply to lots fronting Lake George, where in computing the lot area the lake shall not be counted.
E.
Multiple uses on lots. In certain cases, multiple uses may be considered on one lot, at the discretion of the Planning Board through site plan review, provided that all dimensional requirements set forth in Schedule II are met, including minimum area per each use. Multiple uses on a single lot must consist of only residential and commercial uses, and shall only be allowed in the RCH-LS, TC-A, RCH, RSH, and RCM districts.
§ 175-18 Excavations for construction of buildings.
Excavations on the same lot in connection with the construction of a building for which the land use and development permit has been issued shall be permitted in any district. In the event that building construction operation is arrested prior to completion of the building, the premises shall be cleared of rubbish, building materials or other unsightly accumulations; any excavation for a building basement, foundation, utility or otherwise for a depth greater than two feet below grade shall be filled and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area. Where necessary, suitable gates shall be installed and provided with locks. Such clearing, filling and/or a fence shall be completed not later than the expiration date of the land use and development permit.
§ 175-19 Transition areas.
A.
Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot may extend into the more restricted portion not more than 10% of the depth of the less restricted lot or 100 feet, whichever is less, provided that the lot has frontage on the street in the less restricted district.
B.
Yard requirements for zones abutting residential zones. Where the corner lot of a zone other than residential fronts on a street that is otherwise residential, yard requirements for the frontage on such residential street shall be the same as required for the residential district.
C.
Off-street parking area requirements for zones abutting residential zones. Off-street parking areas shall be so developed that neither fixed lighting nor vehicular lights shine into adjacent residential or highway zones. Entrances and exits for off-street parking areas in zones other than residential or off-street parking accessory to other than residential uses shall be located on or as close as possible to the streets in the district of which the parking is accessory and in all cases so as to avoid putting traffic onto residential streets.
§ 175-20 On-site sewage disposal.
If a lot cannot be serviced by an existing public sewer, then the installation of any on-site sewage disposal system shall conform to the Lake George Onsite Wastewater Treatment System Regulations.[1]
[1]
Editor's Note: See Ch. 115, On-Site Wastewater Treatment Systems.
§ 175-21 Erosion, sedimentation and stormwater runoff control.
All regulated activities within the Town of Lake George shall conform to the regulations set forth in Chapter 148, Stormwater Management and Erosion and Sediment Control, which has replaced this section. Any deviation from the stated chapter shall be reviewed and approved by either the Town Planning Board or Town Zoning Officer, where and as applicable as defined by Chapter 148.
§ 175-22 Restoration.
Any clearing, excavation or development of land in violation of this chapter shall be corrected forthwith after written notice by the Zoning Officer. In the event that corrective action is not taken as directed within a reasonable time, in the opinion of the Zoning Officer, the Town of Lake George may, at its own expense, take corrective action to restore the property. The cost thereof shall become a lien upon the property upon which such illegal activity occurred.
§ 175-23 Shoreland Overlay District.
A.
Purpose and applicability.
(1)
The purposes of the Shoreland Overlay District regulations shall be to protect the lakefronts and the shorelines of the Town of Lake George and to maintain safe, healthful conditions and to prevent and control water pollution and to control building sites and the placement of structures and to preserve shore cover and natural beauty. The use of land and water, the size, type and location of structures on lots, the installation of waste disposal facilities, the filling, grading, lagooning and dredging of any land and the cutting of shoreline vegetation shall be in full compliance with this section, other provisions of this chapter and other applicable ordinances and regulations.
(2)
The Shoreland Overlay District is an environmental overlay district superimposed over the conventional Zoning Map[1] of the Town of Lake George. Uses permitted in the underlying zone may require a special permit subject to conditions in the Shoreland Overlay District. In case of conflict, the more restrictive regulation shall apply.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(3)
Areas to be regulated. Areas regulated by this section shall include all the lands in the Town of Lake George which are located:
(a)
Within 300 feet of the mean high-water mark of navigable lakes and ponds.
(b)
Within 300 feet of the mean high-water mark of navigable rivers or streams.
B.
General guidelines for land use and development. Before any land use and development activity has begun in the Shoreland Overlay District, the Zoning Officer shall determine what permits are necessary for that activity. Furthermore, no activity or development will be allowed until it has been determined by the Zoning Officer that the development or activity will not significantly result in unsafe or unhealthful conditions, erosion or sedimentation, water pollution or damage to spawning grounds, fish and wildlife habitat nor result in conflicts of use and that it will conserve and restore vegetation, scenic vistas to and from the water, points of public access and the water and the natural beauty of the area.
C.
Site plan review. All land use and development in the Shoreland Overlay District shall be subject to site plan review. The only exceptions to this rule would be structures less than 144 square feet in size, or fencing past 100 feet from the MHW mark, which would only require a land use and development permit, but must still adhere to the shoreline regulations set forth by the APA and this chapter.
D.
General standards. In addition to the standards set forth throughout this chapter, the following standards shall apply throughout the Shoreland Overlay District:
(1)
Construction on any Shoreland Overlay District lot shall be carried out in such a manner so as to minimize the erosion caused by such activity. Construction and excavation activities shall be carried out in the shortest period of time possible.
(2)
Shoreline areas, excepting beaches, shall never be exposed (unvegetated) for longer than the time period designated by the Zoning Officer and when exposed shall adequately be protected from erosion.
(3)
All structures, including accessory structures, except docks and boathouses that are within 300 feet of the mean high-water mark of Lake George should be screened by vegetation or landscaped in such a way so that the view of the structures from the water is filtered and the visual impact minimized. This screening would be of a buffer type B as described in the landscape and screening provisions of the commercial design guidelines, unless otherwise prescribed by the Planning Board. The intent of these regulations is to provide a filtered view to promote a see-out-not-in policy.
(4)
Filling. There shall be no fill placed in the Shoreland Overlay District, except as associated with shoreline protective structures or beach replenishment or other alternatives found to be beneficial to existing shoreline conditions, water quality or clarity. Any fill placed in the Shoreland Overlay District shall be protected against erosion.
[Added 2-10-2020 by L.L. No. 1-2020[2]]
[2]
Editor's Note: This local law also redesignated former Subsection D(4) through (7) as Subsection D(5) through (8), respectively.
(5)
All parking, loading or service areas should be constructed of permeable materials.
(6)
Lighting devices shall be oriented so as to minimize disturbances on surrounding properties.
(7)
No neon signs will be permitted which are visible from the exterior of a building.
(8)
The outdoor display of merchandise is prohibited.
E.
Minimum shoreline lot width.
(1)
For residential uses, the minimum shoreline lot width is defined in Schedule II.[3]
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
For commercial uses: 100 feet or that required by Schedule II of Article IV, whichever is greater, provided that the minimum shoreline lot width for motels, hotels and tourist accommodations shall be that footage required by Article VII, § 175-52, Tourist accommodations, hereof.
(3)
For mixed residential and commercial uses: 50 feet for the first single-family dwelling, as herein defined, plus 100 feet for every single-family dwelling thereafter, plus 100 feet or that required by Schedule II of Article IV, whichever is greater, provided that the minimum shoreline lot width for motels, hotels and tourist accommodations shall be that footage required by Article VII, § 175-52, Tourist accommodations, hereof.
F.
Minimum shoreline setback. The minimum shoreline setback, as that term is defined in Article II, § 175-7, Terms defined, hereof, for all buildings and structures, except docks and boathouses, shall be that required by Schedule II of Article IV hereof:[4]
[4]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 175-24 Provisions for contractual access.
A.
General. In the case of the shorelines of all lakes and ponds or any river or stream navigable by boat, including canoe, the following minimum shoreline frontages shall be required for deeded or contractual access to all such lakes, ponds, rivers or streams. For five or more lots, parcels or sites or multiple-family dwelling units not having separate and distinct ownership of shore frontage, the following shall be required:
(1)
Site plan review by the Planning Board.
(2)
A plan shall be submitted delineating areas for swimming, recreation, docking, building placement, parking and landscaping.
(3)
In addition to the following standards below, the Planning Board shall consider that such use does not impair the natural appearance of said parcel; does not overcrowd the parcel or the adjacent water surface; does not produce unreasonable noise to the surrounding properties; and does not pose any substantial hazards.
B.
Standards.
(1)
The first four lots, parcels or sites or multiple-family dwelling units not having separate and distinct ownership of the shore frontage shall require not less than 200 feet of shoreline, and each additional lot, parcel or site and multiple-family dwelling unit shall require an additional 10 feet of shoreline frontage.
(2)
Waterfront parcels may be developed for contractual access for five or more residential lots or units only if those lots or units are part of an overall development plan and the parcels obtaining the contractual access are located adjacent to the waterfront parcels.
(3)
Each lot used for contractual access shall measure at least the minimum lot area for the zoning district for which the contractual access is proposed, and it shall measure an average depth of 100 feet from the mean high-water mark.
(4)
No building other than toilet and changing facilities and picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of buildings shall not exceed 1,500 square feet. Buildings must meet the setback requirements of Schedule II.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(5)
A buffer strip 35 feet deep of natural or planted vegetation shall be maintained, except to allow for necessary access points as determined by the Planning Board. Where beaches are planned, an adequate buffer behind the beach shall be established and shall be of a depth determined by the Planning Board. In addition, vegetative buffers shall be maintained so as to effectively screen parking areas and buildings from the water.
(6)
Commercial businesses or activities of any kind which operate for a profit are prohibited.
(7)
Each individual or family or lot with legal right-of-way or easement access to this parcel due to previous arrangements shall count as one lot or unit in the figuring of the amount of shoreline needed for shorefront access for a newly proposed development.
(8)
Provisions for sanitary facilities shall be considered by the Planning Board and shall comply with the Lake George On-Site Wastewater Treatment System Regulations.[2]
[2]
Editor's Note: See Ch. 115, On-Site Wastewater Treatment Systems.
(9)
Parking areas shall be landscaped and shall be set back from the shoreline a minimum of 100 feet.
§ 175-25 Renewable and alternative energy.
A.
Purpose and Applicability. The purpose of this section is to provide for the siting, development, and decommissioning of renewable energy projects, including smaller-scale photovoltaic systems, solar farms, solar arrays, small-scale wind energy projects, and electric vehicle infrastructure in the Town of Lake George, subject to reasonable conditions that promote and protect the public health, safety and welfare of the community while allowing development of alternative energy resources.
B.
Location and appearance.
(1)
Visual appearance.
(a)
If a solar energy system is mounted on a principal building or accessory structure, the project shall not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district.
(b)
A ground-mounted solar energy system or solar farm shall not exceed half of the maximum building height, or the maximum lot coverage (inclusive of any other development on the same lot), in the underlying zoning district.
(c)
Small-scale wind energy projects shall be limited to the height of the underlying zoning district, and shall not exceed the lot coverage in the underlying zoning district.
(d)
Screening.
[1]
Roof-mounted solar panels do not require screening, although, if possible, screening is encouraged.
[2]
Ground-mounted solar energy systems and solar farms must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, plantings, or a combination thereof, as determined by the Planning Board.
[3]
Mechanical equipment, not including mounted solar panels, shall be screened from any adjacent property that is residentially or commercially zoned or used for residential or commercial purposes.
[4]
Wind energy projects shall be substantially screened from adjacent properties, rights-of-way, roadways, state highways and interstates, and should be surrounded by vegetative buffers.
(e)
Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways, or towards the lake, and nonreflective panels must be used. Any proposed roof-mounted systems within 100 feet of the lakeshore and facing the lake shall be subject to site plan review.
(2)
Noise. Noise requirements for renewable energy projects, specifically wind energy turbines, shall be no more stringent than noise requirements found in Town Code Chapter 108, Noise.
(3)
Setbacks and location.
(a)
Schedule I identifies which zoning districts allow for solar energy projects, wind energy projects, and EVSE installations.
(b)
Ground-mounted solar energy systems and solar farms shall be subject to the same setbacks in the underlying zoning district. For ground-mounted solar energy systems serving residential structures, if other types of accessory structures in the underlying zoning district are required to be placed in the side or rear yard of a residence, then ground-mounted solar equipment shall be subject to the same requirements.
(c)
Wind energy projects shall be set back from property lines no less than twice the height at which the turbine(s) are mounted on the tower.
(d)
Wind energy projects with more than one tower shall have a separation distance between each tower equal to the height of the tallest tower (including the turbine).
(e)
Electric vehicle supply equipment shall be located within parking areas, and shall accompany designated parking spaces. EVSE shall not be subject to setback requirements for accessory structures but shall conform to any standards prescribed by the National Electrical Code, or if stricter, any New York State Code(s), for placement and installation of such equipment.
C.
Permitting application and procedures.
(1)
Solar arrays. All roof-mounted solar energy systems are considered a permitted accessory use and shall only require a New York State unified solar permit from the Town Planning and Zoning Office, except that site plan review is required for any such system when it is proposed to be mounted on a building within 100 feet of the lake, if the solar panels will be on any part of the roof visible from the lake.
(2)
Ground mount solar and solar farms. All ground-mounted solar energy systems or solar farms shall require site plan review, and approvals from the Public Service Commission if applicable (pursuant to New York State Article X regulations) and local electric companies utilizing any purchased energy, as applicable. Groundmount solar energy systems located at residential or commercial properties with a power output capacity of 50kW or less shall be considered accessory uses.
(3)
Wind energy. All wind energy projects shall require site plan review, and approval from the APA if proposed over 40 feet in height.
D.
EVSE. All electric vehicle supply equipment (EVSE) shall require the Town of Lake George permit for installation of charging equipment/electric vehicle supply equipment. The application for such a permit shall be submitted to the Planning and Zoning Office for approval by the Zoning Officer. Model information and design schematics for the EVSE stations shall be supplied with each permit application.
E.
There shall be submitted with all applications for New York State unified solar permits and any land use and development permits for wind energy projects or solar farms, two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building(s) or systems, and any accessory building(s) or structures to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter. Applicant shall include scaled horizontal and vertical (elevation) drawings with such application materials. The drawings must show the location of the project on the building or on the property, including the proposed height, percentage of lot coverage, property lines and setback lines.
F.
Before any construction can commence on any renewable energy project, the property owner, project owner, or other appropriate entity must formally acknowledge that he/she is the responsible party for maintaining the renewable energy project.
G.
Design, operation, safety and construction.
(1)
In the construction and installation of solar energy projects, the project owner shall adhere to the following requirements:
(a)
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), the Public Service Commission (PSC), or other similar certifying organizations, and shall comply with the County Building Code and with all other applicable fire and life safety requirements. All wiring shall comply with the applicable version of the National Electric Code (NEC). The manufacturer specifications shall be submitted as part of the application.
(b)
For ground-mounted and large scale solar farm systems, the local utility provider shall be contacted to determine grid interconnection and net metering policies.
(c)
Solar and wind energy projects shall comply with all applicable county building codes so as to ensure the structural integrity of such energy projects.
(2)
In the construction and installation of EVSE projects, the project owner shall adhere to the following requirements:
(a)
All installations must comply with National Electrical Code, NFPA 70, Article 625.
(b)
All installations must comply with the New York State Building Code and Existing Building Code, New York State Fire Code, New York State Mechanical Code, and New York State Energy Conservation Construction Code.
(c)
Any person installing an EVSE must, prior to installation, notify the utility providing electric power to the station.
(d)
Notwithstanding any district regulation to the contrary, EVSE shall be a permitted accessory use in all zoning districts.
H.
Permit fees. The fees for the New York State unified solar permit and the EVSE Permit shall be $25 each. All other energy projects require land use and development permits, which bases fees on square footage.
I.
Variances. If an applicant for a renewable energy project submitting for a New York State unified solar permit, EVSE permit, or land use and development permit is unable to meet the requirements set forth in these regulations because of insufficient area, space or usable land, etc., he/she may apply to the Zoning Board for a variance.
J.
Decommissioning.
(1)
If a solar energy project has been determined to be unsafe by County Code Enforcement, the renewable energy project shall be required to be repaired by the project owner or other responsible party to meet federal, state and local safety standards, or be removed by the project owner or other responsible party within the time period allowed by the County Building Code Official.
(2)
When the project owner or other responsible party decommissions an alternative or renewable energy project, he/she shall handle and dispose of the equipment and other project components in conformance with state and local requirements and provide the municipality with at least 30 days' written notice if the issuer intends to cancel the bond for any reason.
(3)
Any solar farm project which has not generated power for a period of 12 consecutive months or longer shall be considered abandoned and shall be removed by the owner unless the owner can demonstrate that work is actively underway to repair the solar farm project and diligently pursues such repairs to completion. Additionally, for solar farm approvals granted by the Planning Board, and prior to receiving a certificate of completion after construction, the owner of the project must provide the Town with a bond to cover the costs of removing the abandoned solar farm system and restoring the site to its condition before the system was constructed. The amount of the removal and restoration bond will be determined by an engineer and indexed to keep up with inflation over the years.
§ 175-26 Wharves and moorings.
A.
Wharves.
(1)
General prohibitions. No person shall construct or place on the waters of Lake George within the Town of Lake George any wharf without having first obtained a permit from the Lake George Park Commission. The wharf or wharves must be an allowable use under this chapter in the zoning district(s) in which the property to be served by the proposed wharf or wharves is located.
B.
Moorings.
(1)
General prohibitions. No person shall place in the waters of Lake George a mooring associated with a residence or business located within the Town of Lake George without having first obtained a permit from the Lake George Park Commission. The mooring(s) must be an allowable use under this chapter in the zoning district(s) in which the property to be served by the proposed mooring is located.
C.
Miscellaneous provisions.
(1)
Owners of the upland property shall completely remove any pilings, floats and/or any other related wharf or mooring components which are abandoned or fall into disuse.
(2)
All persons shall comply with any special conditions attached to any Lake George Park Commission permit issued for the construction of a wharf.
§ 175-27 Alteration to shoreline.
A.
A land use and development permit is required for any filling, grading, lagooning, dredging, ditching or excavating along and/or proximate to the shoreline. A land use and development permit is also required for the addition or replacement of retaining walls within the Shoreland Overlay District and seawalls along the shoreline. The following standards shall apply:
2-10-2020 by L.L. No. 1-2020]
B.
General standards.
(1)
The activity shall not alter the natural contours of the shoreline.
(2)
The activity shall not disturb shoreline vegetation except in a minimal way. Where vegetation is destroyed or removed, it shall be restored or replaced with indigenous vegetation. Stabilization shall be in accordance with the United States Natural Resource Conservation Service engineering standards and specifications.
2-10-2020 by L.L. No. 1-2020]
(3)
The activity shall be carried out in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.
(4)
All applicable federal, state and other agency permits, including but not limited to the Army Corps of Engineers and the New York State Department of Environmental Conservation, shall be obtained.
C.
Specific standards.
2-10-2020 by L.L. No. 1-2020]
(1)
Dredging. There shall be no removal or rearrangement of materials in the waters along the shoreline, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions, uses and water quality and clarity. Where dredging is permitted, soil materials shall not be permanently deposited in the Shoreland Overlay District or along the shoreline.
(2)
Seawalls. The addition, expansion or replacement of any type of retaining wall shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is impossible due to excessive slope or severe erosion problems, a condition to be determined by the Zoning Officer. Seawalls shall not be permitted to be constructed for only aesthetic reasons. When permitted, seawalls shall not exceed 24 inches in height, as measured from the stationary mean high-water mark, and shall be constructed of native stone or wood. When treated lumber is used for the construction of a seawall, it shall be the sealed, nonleaching type. New seawalls shall not exceed 200 square feet in size as measured from above the stationary mean high-water mark. Seawalls along the shoreline are subject to any applicable requirements in § 175-28.1.
§ 175-28 Height.
A.
Height exceptions. The height limitations of this chapter, as shown on Schedule II of Article IV hereof,[1] shall not apply to the following structures: cliffside, cantilever-type and A-frame homes, church spires, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level, parapet wall or cornice for ornament, extending above such height limit not more than five feet; radio or television receiving antennae or a public utility transmission tower or cable. No such uses shall in their aggregate coverage occupy more than 20% of the roof area on which located. This exception shall not apply in determining whether a structure is a Class A regional project by virtue of its height. Regional project jurisdiction shall extend to all structures over 40 feet in height, except residential radio and television antennae and agricultural use structures. For such jurisdiction, building height shall be measured from the highest point of the structure to the natural ground or finished grade, whichever is lower.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 175-28.1 Fences and walls.
A.
The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any suitable fence or wall, provided that in any one district, no fence or wall shall exceed four feet in height within 50 feet of the shoreline of Lake George or six feet in height in any rear yard, side yard or front yard measured above the finished grade. The shoreline setback requirements apply to fences, and walls/retaining walls, unless less than 100 square feet in size. Any fence or wall lawfully in existence before the original adoption date of this chapter is allowed to be maintained and/or replaced in kind, as long as the height regulations are met.
B.
Retaining walls and recreational fences (i.e., for tennis courts, basketball and volleyball) over six feet in height requires site plan review and are not permitted within the shoreline setback. Note that § 175-27C(2) applies to seawalls on properties with shoreline on Lake George and not upland retaining walls.
2-10-2020 by L.L. No. 1-2020]
C.
Shoreline fencing within 100 feet of the lake shall be site plan reviewable, unless such fencing it a split rail fence, or less than 100 square feet in size.
D.
The good (high grade) side of the fence shall face the neighbor.
E.
Temporary fencing shall be temporary in nature (60 days or less) and shall be of earth-tone colors. Temporary fencing shall not include tarps, hung cloths, and/or any other mechanisms or materials that will create visual impairment and unsightliness. Any temporary fence that remains in existence for more than 60 days will be considered a fence and will be subject to the other provisions of this section.
F.
Visibility at intersections. On a corner lot in any district, no fence, wall, hedge, sign or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines (or their projections) where corner points which are 30 feet distant from the point of intersection, measured along said street lines or projections. The height of three feet shall be measured above the curb level, if any, or above the existing road level. In no event, however, shall a hazard to traffic be erected or maintained.
§ 175-29 Yards.
A.
Terraces. A terrace paved with pervious pavers may be included as a part of the yard in determination of yard size; provided, however, that such terrace is unroofed and without walls or parapets. Such terrace, however, may have a guard railing not over three feet in height and shall not project into any yard to a point closer than five feet from any lot line.
B.
Porches, decks and patios. An enclosed porch, deck, or patio shall be considered a part of the building in determining the size of yard or amount of lot coverage.
C.
Projecting architectural features (horizontal). The space in any required yard shall be open and unobstructed, except for the ordinary projection of the windowsills, belt courses, chimneys, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
D.
Yard for corner lots. On a corner lot, each side which abuts a street will be deemed a front yard, and the required yard along each street shall be the required front yard. The Zoning Officer shall decide (when the owner is applying for a land use and development permit or other approval) which of the remaining yards shall be the required side yard and the required rear yard.
[Amended 3-27-2023 by L.L. No. 1-2023]
E.
Yard for double frontage lots. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
F.
Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escape shall not be closer than four feet at any point to any lot line.
G.
Shoreline building setback. Notwithstanding the previous provisions of this section, the shoreline setback shall be measured horizontally from the shoreline to the nearest point of a principal building (including any attached deck, patio, porch or steps, etc.) or any accessory structure except docks or boathouses.
H.
Landscaping and buffering requirements. At the discretion of the Planning Board, yard sizes will be reduced in accordance with the landscaping and buffering provisions of the commercial design guidelines. This provision does not apply to minimum lot sizes.
I.
Swimming Pools. Private, residential swimming pools shall be allowed as permitted accessory uses in all zoning districts. Commercial swimming pools shall be allowed as permitted accessory uses to commercial uses. All swimming pools shall be allowed in any rear or side yard, and in any front/shoreline yard. Pools located in the front yard of a property must be properly screened by an opaque fence, or continuous landscaping at least four feet in height, and which completely blocks the view of the pool and users of the pool from adjacent properties and/or roadways and public places.
§ 175-30 Detached accessory uses and structures.
A.
Location of detached accessory buildings in required yard area.
(1)
An accessory building may be placed in any required rear or side yard, except in the case of:
(a)
Double frontage lots: an accessory building may be placed in either a front or side yard, provided that it complies with all the provisions of this chapter.
(b)
An accessory building or structure may be placed in any front yard, as long as the accessory building or structure is less than 50% of the gross floor area of the primary building or structure, and the location in the front yard is substantially and effectively screened from the road and/or adjacent lots by vegetation and located behind the front yard setback.
(2)
Detached private garages: private garages may be placed in any rear or side yard, provided they comply with all provisions of this chapter. Detached private garages may also be placed in the front yard only in the case that the proposed garage is equal to or less than 50% of the gross floor area of the primary use, and the location in the front yard is substantially and effectively screened from the road and/or adjacent lots by vegetation and located behind the front yard setback.
(3)
No accessory structure or private garages shall be located closer than five feet to any rear or side lot line and shall comply with Article V, § 175-23D, Shoreland Overlay Zone, and § 175-29, Yards. Accessory structures located in the front yard must be located behind the front yard setback.
B.
No more than three accessory structures shall be allowed on any single parcel that is an acre or less. For properties over an acre, there shall be no maximum number of accessory structures.
C.
Retail stands and other transient business locations require site plan review and approval, and shall be subject to the following regulations. For purposes of this chapter, retail stands and/or transient business locations are not considered to be part of larger festival/events, and thus require separate review and approval from festivals and events.
(1)
Site plan review. The applicant must submit copies of a plot plan drawn to scale to the Planning and Zoning Office showing the location of the proposed retail stand or transient business location, adjacent streets and/or structures, as well as dimensions and other identified features of the retail stand or transient business together with the completed site plan review application, prior to obtaining the transient business license. Each proposed retail stand or transient business will require a public hearing and a referral to the County Planning department as part of site plan review by the Planning Board.
(2)
Transient business license. Any retail stand or transient business proposing to operate on a property not owned by the operator of the retail stand or transient business, which would operate for less than three months, shall obtain a transient business license, and follow all applicable procedures to obtain such permit, as outlined in Chapter 99 of the Town Code. For retail stands proposing to operate for three months or longer or located on the operator's property, the license application must be submitted at least 10 business days prior to anticipated start date. Please refer to Chapter 99 of the Town Code for these licensing procedures.
(3)
Size limitations. Single retail stands and/or seasonal business tents and transient businesses shall not exceed 300 square feet in size. Only one tent per land parcel will be permitted. These limitations do not apply to transient merchant markets as described in Chapter 99 of the Town Code.
(4)
Compatibility. Any retail stand must be compatible with the primary use of the parcel. Compatibility shall be determined by the Planning Board during site plan review. Any proposed expansion of an approved retail stand must be reviewed by the Planning Board to determine if the expanded retail stand would be compatible with the primary use on the parcel. Site plan review applications for retail stands and transient businesses shall be reviewed by the Planning and Zoning Office and the Planning Board for compliance with site location, pedestrian safety, fire code, vehicular traffic, tent size and placement, and signage, as well as compatibility.
(5)
Seasonal use. Retail stands are meant for seasonal use and may only be set up and operated between the period of May 1 through October 31, subject to any time limitations imposed by the Planning Board during site plan review, and must be disassembled and removed for the period between November 1 and April 30.
(6)
Prohibitions. The following are prohibited from retail stands and temporary business locations.
(a)
Exceeding of Noise Ordinance (Chapter 108).
(b)
Noxious odors.
(c)
Merchandise with words and/or imagines offensive to community standards (such as profanity, sexually expletive verbiage or graphics, and/or drug verbiage and graphics).
(d)
Sale and/or consumption of alcoholic beverages.
(e)
Drug paraphernalia.
(f)
Cooking of food.
D.
Domestic chickens.
[Added 3-27-2023 by L.L. No. 1-2023]
(1)
For the purposes of this chapter, "domestic chickens" shall mean the ownership of chickens for domesticated purposes, including as for pets or for private egg production (not to be sold or advertised as a business where eggs are for sale to the general public or others).
(2)
Ownership of domestic chickens will be allowed as an accessory use to residential uses in the LC, RR, RM, RH, RCH, RCM-1 and RCM-S2 Zoning Districts, provided they adhere to the following requirements:
(a)
No roosters are allowed, except within the RR Zoning Districts.
(b)
Chickens shall be enclosed in a coop and/or within fenced-in areas on the private property, except within the LC and RR Zoning Districts. In the RM, RH, RCH, and RCM Zoning Districts, no free-range chickens shall trespass on adjacent properties.
§ 175-31 Conversions.
A.
Conversions to year-round occupancy. All persons desiring to convert to year-round occupancy a seasonal dwelling shall apply to the Zoning Officer in accordance with Article VIII of this chapter as well as show compliance with the provisions for residential on-site wastewater treatment systems provided in Chapter 115 of the Town Code. If compliance cannot be met with the provisions identified in Ch. 115, then a proposal for a septic system replacement shall accompany the application for conversion. It shall be the objective of the Zoning Officer to preserve the public health, safety and welfare by preventing unsafe or unsanitary living conditions, overcrowding of families and lack of privacy. The approval of any such application shall include appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.
B.
Conversions of certain existing uses. Those structures lawfully in existence on the first date of adoption of these regulations that are associated with tourist accommodations, resorts and housekeeping cottages shall not be allowed to be converted from that use to individual single-family dwelling units or multiple-family dwelling units except through site plan review. Said conversions, when made, must conform to the provisions of this chapter.
§ 175-32 Signs.
A.
Except as provided in this section, no person shall erect, own, operate or maintain a sign without a permit issued by the Zoning Officer. All signs within the Town, whether they are in or outside of the Lake George Park as defined in Article 43 of the Environmental Conservation Law, shall comply with the standards set forth in the regulations adopted by the Lake George Park Commission pursuant to Article 43 of the Environmental Conservation Law at 6 NYCRR 646-7. Applications for sign permits shall be made to the Zoning Officer, who shall review the application pursuant to the criteria set forth in 6 NYCRR 646-7. The exemptions to the permitting requirements contained at 6 NYCRR 646-7.2 shall also apply. For Class A or B regional projects, signs shall also be reviewed pursuant to the standards for regional projects and Appendix Q of the APA regulations.
B.
In addition to the allowances in the regulations referenced in Subsection A above, each commercial business will be allowed one a-frame sign on the property and one menu board sign on the commercial structure if food or drink is sold for consumption on the premises.
C.
Other prohibited signs. In conjunction with 6 NYCRR 646-7.3, other signs that will not be permitted within the Town of Lake George include the following:
(1)
LED signage, and other electronically/digitally lit signage that contains scrolling text.
(2)
Waving "swooper" flags (teardrop shape vertical banners) and other ground-stuck flags.
(3)
Signs that advertise an off-premises business, location or establishment.
(4)
The "step-in" H-frame advertising signs that advertise private businesses within or outside the Town of Lake George, or private/public events located within or outside of the Town of Lake George.
(5)
Banners. No banners are allowed in the ground or on walls of private or public property, except that a banner would only be allowed on the wall of a commercial establishment only if said banner acts as the business's one approved wall sign.
2-10-2020 by L.L. No. 1-2020]
§ 175-33 Off-street parking requirements.
A.
General.
(1)
For any permitted use of premises hereinafter established, parking spaces shall be provided and maintained off the street in accordance with the standards as specified in Schedule III of this chapter[1] and below, and any use already established shall conform to these standards to the extent that it conforms at the time of adoption of this regulation.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Sufficient parking spaces shall be provided in connection with any use not included in Schedule III[2] so as to maintain the purpose and intent of this chapter, as set forth in Article I.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Joint use of a parking lot. Each use requiring parking must itself have at least the number of parking spaces required for that use. Where separate parts of a building or structure are used for purposes requiring different amounts of parking spaces, the total number of spaces required shall be determined by adding the number of spaces required for each use. Joint-use parking areas for various uses on the same lot are permitted, provided that the total number of parking spaces in any such parking lot having combined parking areas shall be equal to the total number of mandatory parking spaces required for all such uses so combined, and provided that all parking is located within the same lot and same zoning district with the permitted principal uses or principal buildings for which the parking is required, and provided that all other requirements herein contained shall be adhered to. Combined parking areas are permitted in two or more contiguous zoning districts, provided that all the principal uses or principal buildings are permitted in each of these zones.
C.
Combined parking lots. The owners of two or more separate lots may establish a combined parking lot to serve uses on the lots, provided that all the separate lots and all the associated parking areas are located in the same zoning district. However, combined parking lots may be established in two or more contiguous zoning districts, provided that all the principal buildings or principal uses are permitted in each of these zones. The total number of required parking spaces in the combined parking lots shall be determined by adding the number of spaces required by each use for which parking must be provided.
D.
Parking space requirements exceptions. The Planning Board may allow different uses to combine their required parking spaces if it is shown to the satisfaction of the Planning Board that there will not normally be a conflict of times between the combining uses as to need for parking space. All other requirements as to parking space required shall be adhered to and only the combining of the number of parking spaces shall be allowed.
E.
Maintenance. Off-street parking areas shall be suitably improved (drained and graded) and maintained so as not to cause any nuisance from excessive stormwater, dust or erosion.
F.
Separate from public street. Parking lots shall be separated from any public street by a curb, fence or other barrier at the street line, except at the points of access.
G.
Parking in residential districts. Required parking space in residential districts shall be located only in the side or rear yard on the same lot as the principal use.
H.
Loading spaces. For all nonresidential uses with a floor area of 2,500 square feet, to and including 25,000 square feet, one loading space shall be required. For each additional 25,000 square feet or fraction thereof, one additional space shall be required.
I.
Landscaping. At the discretion of the Planning Board, landscaping of parking lots shall be provided in accordance with the landscaping and buffering provisions of the commercial design guidelines.
J.
Additional parking requirements.
(1)
Off-street parking shall be provided on the site so that parking spaces for a minimum of two full-size automobiles is provided entirely upon the project site for each dwelling unit, or such additional amount as required to provide off-street parking in sufficient quantity for occupants and/or users of the proposed structure.
(2)
Off-street parking for shopping centers shall be provided at the site as set forth in Schedule III, Off-Street Parking Requirements,[3] or such additional amount as is required to provide off-street parking in sufficient quantity for users of the proposed structure.
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
Off-street parking for marinas shall be provided at the site as set forth in Schedule III, Off-Street Parking Requirements,[4] entirely upon the project site or such additional amount as is required to provide off-street parking in sufficient quantity for users of the proposed structures. The required parking spaces shall be increased as set forth in said Schedule II if the marina also provides boat launch services to day users.
[4]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
Off-street parking for day-use marinas shall be provided at the site as set forth in Schedule III, Off-Street Parking Requirements,[5] or such additional amount as is required to provide sufficient quantity for users of the proposed facilities.
[5]
Editor's Note: Said schedule is included as an attachment to this chapter.
(5)
All additional amounts of required parking shall be determined by the Planning Board.
(6)
Each automobile parking bay area shall be a minimum of 18 feet long by 10 feet wide.
(7)
Aisle widths shall be a minimum of 12 feet wide if one-way lanes are utilized and a minimum of 22 feet wide for two-way lanes.
(8)
The parking lot layout shall take into consideration snow removal in its design.
(9)
The parking lot layout shall provide separation between pedestrian, vehicular and delivery vehicle circulation.
(10)
Any parking lots or parking area that will contain more than 100 cars shall be effectively divided by planted divider strips of curbing fixed in place so as to effectively divide each parking area of 100 cars from another driveway and parking area, for the purposes of ensuring safety of vehicles moving within the entire parking area and to control speed.
(11)
All parking shall be lighted as deemed necessary by the Planning Board.
(12)
Whenever possible, parking surfaces should be of permeable material.
§ 175-34 Stream protection.
7-11-2022 by L.L. No. 2-2022]
A.
The purpose of this section is to establish permit requirements and standards for the protection of stream corridors within the Town of Lake George; to help preserve the water quality of Lake George and its tributaries; to protect the riparian and aquatic ecosystems of streams within the Town of Lake George; and to provide for the environmentally sound use of the Town of Lake George land resources.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
DESIGNATED STREAM CORRIDOR
The stream bed and the area extending 35 feet from the high-water mark on each side of a stream.
EXISTING DEVELOPMENT
Buildings, structures, impervious areas, landscaped areas, utilities, and accessory structures present on the effective date of this section.
HIGH-WATER MARK (HWM) OF A STREAM
A line along the banks of a stream that is the approximate seasonal peak water level as indicated by the cut of the bank and the demarcation between terrestrial and aquatic vegetation. For the purpose of determining the high-water mark, ponds of one acre or less within the stream shall be included.
LANDSCAPED AREA
An area of vegetation which has been actively maintained as a lawn, garden, hedge, or planting bed.
STREAM
A AA-special perennial stream designated or mapped by the NYS Department of Environmental Conservation.
STREAM BED
The flow area of a stream at and below the high-water mark of a stream.
C.
Prohibitions.
(1)
No person shall undertake development, land disturbance, or land clearing in a designated stream corridor without first receiving a permit pursuant to this section.
(2)
No person shall disturb the stream bed of any stream without first receiving a permit pursuant to this section.
(3)
No person shall discharge, throw, or abandon any foul, noxious or deleterious substance into a stream or designated stream corridor.
(4)
No person shall fail to conform to any permit issued pursuant to this section.
(5)
No person or owner of real property located within the Town of Lake George shall create or maintain a condition on such property which, due to a human disturbance of land or vegetative cover, or soil, results in the erosion of soil into any water body or designated stream corridor. Such condition shall be a violation of this section, with an additional violation for each day the condition continues.
D.
Exemptions. The permit requirements in Chapters 148 and 175 shall not apply to any of the following:
(1)
Emergency actions necessary to protect the public health, safety or welfare or to prevent damage to private property for which notice is provided to the municipality within 72 hours after the emergency action.
(2)
Any project that received required approvals prior to the effective date of this section.
(3)
Maintenance of structures, utility rights-of-way, impervious areas and landscaped areas existing on the effective date of this section, which do not increase the footprint of existing development, do not involve stream crossings, and do not require disturbance to the stream bed.
(4)
Removal of storm-damaged trees that are a hazard to people or buildings.
(5)
Agricultural and silviculture activities exempted by Chapter 148 or 175. Note, though permit requirements are waived, any activity in a stream corridor must comply with all requirements of Subsections G and H below, as well as any requirements stipulated by the Planning Board or Planning and Zoning Office regarding harvesting buffers adjacent to streams.
(6)
Any activities that conform with the standards of Subsection H below to the maximum extent practicable, and for which a permit or authorization has been issued by the NYS Department of Environmental Conservation pursuant to the processes, procedures, and standards set forth in 6 NYCRR 608 shall be exempt from Subsection C(2) above.
E.
Class AA-Special streams. All streams and rivers classified as Class AA-Special (AA-S) pursuant to 6 NYCRR 701.3 shall be subject to the following regulations:
(1)
Setback. All buildings, structures, and accessory structures shall be set back at least 30 feet from the mean high-water mark; except that if the building setback restriction for the zoning district is greater, such greater setback will be observed.
(2)
Site plan review. All land use and development within 100 feet of a classified stream mean high-water mark shall be subject to site plan review. The only exceptions to this rule would be structures less than 100 square feet in size, or fencing past 30 feet from the stream bed, which would only require a land use and development permit. As part of this review, the Planning Board may require that an undisturbed natural stream buffer be preserved or installed.
F.
Navigable streams. All land use and development of any lot containing or having frontage on a navigable stream and/or river shall be subject to the following regulations contained herein: Chapter 148, Stormwater Management and Erosion and Sediment Control; Article V, § 175-23, Shoreland Overlay District; Article VI, § 175-37, Applicability. When a stream is classified as both AA-Special and navigable, the provisions of this regulation, § 175-34F, shall take precedence.
G.
Additional standards for the protection of designated stream corridors.
(1)
The following standards shall apply to all development, land disturbance, and land clearing within a designated stream corridor:
(a)
Within six feet of the high-water mark of a stream, no vegetation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.
(b)
Between six feet and 35 feet from the high-water mark of a stream, no woody vegetation greater than one inch in diameter at 4.5 feet above ground elevation may be removed, except that a contiguous clear-cut opening may be created. The opening shall not exceed 30% of the stream length on a site or a maximum of 75 linear feet, whichever is less.
(c)
A maximum of 100 square feet of new impervious area or 400 square feet of porous pavement (i.e., porous pavers) may be created on a site.
(d)
Where development exists within a designated stream corridor prior to the effective date of this section, these areas are to be considered in aggregate with any proposed development, land disturbance, and land clearing such that the total development within a designated stream corridor complies with the standards above. If development within a designated stream corridor exists prior to the effective date of this section and exceeds the standards above, it may be maintained in perpetuity.
(2)
Prior to the issuance of a permit pursuant to this section, the Town shall ascertain the probable effect of the project on the water quality of the stream and the Lake and on the natural resources of the Town, including the flora and fauna. When it is determined that the proposed activity will endanger the health, safety or welfare of the public or lead to unnecessary, uncontrolled or undue impacts to water quality, to the natural resources of the Town of Lake George or to the physical or ecological integrity of a designated stream corridor, the permit shall be denied.
H.
Standards for stream crossings and stream bed disturbances. The following criteria shall apply to all stream crossings and stream bed disturbances:
(1)
Stream crossing, channelization, or piping is allowed only for utility crossings, logging roads, public roads (including subdivision roads to be accepted), approved private roads, and driveways to access private real property.
(2)
Separate road and utility crossings shall not be approved when the consolidation of the proposed crossings is feasible.
(3)
When separate road and utility crossings are necessary, the preferred methodology for utility establishment shall be by directional boring under the stream bed.
(4)
The number of crossings shall be limited to one per site per stream, except for silviculture activities.
(5)
When culverts or arches are used, they shall be used so as to maintain the natural course and bed of the stream.
(6)
Culverts and arches must be sized and designed in accordance with standard design practices, including allowing for safe passage for wildlife and floodplain flows.
(7)
All stream crossings shall be designed to safely pass the fifty-year, peak storm event. The municipality may require additional design features it determines necessary to prevent a hazard to downstream property and natural resources.
(8)
Stream crossings shall not impound water during the ten-year storm event.
(9)
Stream crossing structures shall be designed to span 1.25 times the stream bed width.
(10)
Stream setbacks identified in Subsection E apply to all AA-S and navigable streams in the Town for any permanent structure over 100 square feet in size. Temporary stream crossings, such as for silviculture activity, do not require area variance relief from the stream setbacks but require a stream crossing permit from the NYS Department of Environmental Conservation.
(11)
Culverts shall be embedded 20% along their entire linear length.
(12)
Any stream bed disturbance shall promote the natural shape, slope, and substrate of a stream.
(13)
Any stream bed disturbance shall be limited to the minimum disturbance necessary.
(14)
Creation of land disturbance and impervious areas for driveways and roads shall be limited to a maximum width of 20 feet and 30 feet, respectively.
(15)
Crossings that convey wastewater shall be depicted on a survey map prepared and stamped by a professional surveyor licensed to operate in New York State. The survey map shall be filed with the office of the County Clerk in the county where the property is located.
(16)
No permit shall be issued pursuant to this section unless the municipality first determines that the activity is reasonable and necessary, will not endanger the health, safety or welfare of the public, and will not cause damage to downstream properties or the natural resources of the Lake George Park.
I.
Plan requirements. Project plans shall be required to include information the Town determines is reasonably necessary to complete its review and generally shall include: plan views of proposed and existing buildings and impervious areas, grading plans, temporary erosion and sedimentation controls, limits of clearing, areas of selective cutting, location of trees to be removed, soil tests, slopes, landscape and plantings and buffer areas to be protected. Designated stream corridors shall be depicted on subdivision plats submitted for approval. Plans may include proposed restoration, plantings, and conservation areas to demonstrate compliance with the standards herein
J.
Additional provisions relating to silviculture activity.
(1)
In addition to commercial timber harvest requirements found in this chapter, the following additional provisions shall apply:
(a)
Requirement for any stream crossings to be authorized by the Department of Environmental Conservation's General Permit for Temporary Bridges/Culverts for Logging Activities. The conditions of the Department's General Permit for Temporary Bridges/Culverts for Logging Activities shall control over standards for stream crossings and stream bed disturbances at 6 NYCRR 646-5.5,
(b)
Except as necessary for stream crossings, there shall be no wood roads, skid trails, or log landings within designated stream corridors.
(c)
The project is in accordance with the New York State Forestry Voluntary Best Management Practices for Water Quality: BMP Field Guide 2018 Edition (nysbmpguidelines.com).
(2)
The LGPC notice of intent to harvest timber checklist shall be submitted on forms made available by the municipality. A notice of intent to harvest timber checklist may cover a period of up to three years.
(3)
If the municipality determines that the scope of vegetation removal, road construction, excavation, land clearing or land disturbance proposed or undertaken under a permit exemption for silvicultural activity constitutes development or otherwise poses a threat to the natural resources of the Town of Lake George, it shall give written notice to the property owner that a permit is required pursuant to this section. After such notice, failure by any person to obtain a permit or conform to the permit requirements shall constitute a violation of this section.
(4)
No person shall undertake silviculture activity or vegetative removal in a designated stream corridor except in accordance with New York State Forestry Best Management Practices for Water Quality. Whenever the municipality determines that timber harvesting or vegetative removal is occurring or has occurred in a manner not in accordance with the New York State Forestry Best Management Practices for Water Quality, it shall give notice to the property owner setting forth a reasonable period of time to undertake specific corrective action. Failure to undertake the specific corrective action prescribed in the notice within the period of time shall constitute a violation of this section. Each day the property owner fails to undertake the specific corrective action after the period of time shall be a separate violation.
K.
Administration.
(1)
A variance to any standard in this section shall be processed in accordance with the requirements of Chapter 175 as an area variance.
(2)
Whenever the permit requirements of this section apply in conjunction with the requirements of the stormwater management regulations in Chapter 148, a single application form, fee, and permit processing shall be required.
(3)
Minor and major project classifications established in Chapter 148 shall apply to any project that requires a permit pursuant to this section.
(4)
The fee for permits required pursuant to the section shall be those established for major and minor stormwater projects pursuant to Chapters 148 and 175.
(5)
In addition to or as an alternative to any penalty provided herein or by law, any person that violates this regulation may be required to restore land to its undisturbed condition.
(6)
The Lake George Park Commission shall not be limited from taking enforcement action if it determines that a violation of this section or of any permit issued pursuant to this section endangers the health, safety and welfare of the public or results in damage to the natural resources of the Lake George Park.
§ 175-35 Performance standards.
A.
Noise.
(1)
Purpose. The purpose of these regulations is to control excessive, unnecessary, unreasonable or unusually loud noise. Further, these regulations seek to preserve, protect, and promote the public health, safety, welfare, peace and repose of the people of the Town of Lake George.
(2)
General application. Any act in violation of any of the provisions of this chapter is deemed to be in violation of this chapter.
(3)
Effect on statutes and other laws. Nothing in this chapter shall restrict any right which any person may have under any statute, including but not limited to the Environmental Conservation Law, Vehicle and Traffic Law, Labor Law and the Industrial Code, or common law, to seek enforcement of any noise-control requirement or to seek any other relief.
(4)
Evidence of violation. It shall be prima facie evidence that an activity is in violation of this chapter when a sound-level meter determines that the decibel level of a particular activity is in excess of the standards hereinafter set forth. All measurements will be made on the A-2 weighted sound level of a Type 0, 1 or 2 sound-level meter with a slow response. The meter will be calibrated each day that an individual or set of measurements are to be taken.
(5)
Prohibited noise. The following noise shall be prohibited:
(a)
Building construction: operating or permitting the operation of any tool or equipment used in construction, drilling or demolition work, including but not limited to the excavation, alteration, construction or repair of any building between the hours of 10:00 p.m. and 7:00 a.m., except in the case of an emergency or the interests of the public safety.
(b)
Refuse compacting: the operation of a refuse-compacting vehicle in the process of compacting or collecting refuse contained in a dumpster or similar receptacle between the hours of 10:00 p.m. and 6:00 a.m. or the operation of a refuse-compacting vehicle in the process of compacting or collecting refuse contained in individual garbage cans between the hours of 10:00 p.m. and 7:00 a.m.
(c)
Certain power equipment: operating or permitting to be operated a lawn mower, chainsaw or log splitter between the hours of 10:00 p.m. and 7:00 a.m. Exceptions are granted for the emergency removal of trees and limbs from streets and highways and for any tree service contracted by the Town of Lake George.
(d)
Sound reproduction:
[1]
The operation, playing or permitting the operation or playing of any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device in a stationary position which produces, reproduces or amplifies sound in a manner which raises the ambient sound level within the nearest sensitive receptor to a level which exceeds:
[a]
Fifty dB(A) (measured at the real property boundary line) between the hours of 10:00 p.m. and 8:00 a.m.; or
[b]
Fifty-five dB(A) between the hours of 8:00 a.m. and 10:00 p.m.
[2]
The operation, playing or permitting the operation or playing of any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device in a stationary position which produces a noise or sound level which is unreasonably loud or unnecessary which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities.
[3]
This subsection does not apply to places of public entertainment or amusement. This subsection also does not apply to sounds that have a duration or less than five minutes between the hours of 9:00 a.m. and 10:00 p.m., including but not limited to a calliope, canon or boat whistle or horn.
(6)
Recreational vehicles. No person shall operate or permit to be operated any recreational vehicle off of a public highway at any time, at any speed or under any condition of grade, load, acceleration or deceleration or in any manner whatsoever as to exceed 85 dB(A). The limit shall apply at a distance of 50 feet from such recreational vehicle.
(7)
Public entertainment.
(a)
No person shall operate or permit to be operated a place of public entertainment or amusement, including but not limited to a restaurant, bar, cafe, arcade, discotheque or dance hall, from which the sound level is equal to or exceeds 75 dB(A) between the hours of 9:00 a.m. and 11:00 p.m. or from which the sound level is equal to or exceeds 65 dB(A) between the hours of 11:00 p.m. and 9:00 a.m. measured out-of-doors from a distance of at least 50 feet from the noise source or adjacent to the nearest sensitive receptor, whichever is closer.
(b)
Unreasonable loud or unnecessary sound, including any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities, which is produced by any place of public entertainment or amusement shall be deemed in violation of this chapter.
(8)
Motor vehicles. No person may operate an audio device from any parked motor vehicle or motor vehicle which remains stationary at least five minutes at sound levels which may be heard at a distance of 150 feet away from the motor vehicle.
(9)
Penalties for offenses. Any person found guilty of violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction, shall be punishable by a fine of $250 for the first violation and $500 for each violation thereafter or by imprisonment for not more than one month, or both. Each occurrence in contravention of the provisions of this chapter constitutes a separate violation.
B.
Particulates and smoke. No use shall emit particulates and/or smoke that are detrimental to the public health, welfare and safety. No use shall emit particulates or smoke that exceeds opacity of 2 on the Ringleman Chart.
C.
Vibration. No use shall regularly emit vibration that is perceptible at the property line of an adjoining use. This section shall not apply to temporary construction activities.
D.
Odor. No use shall regularly emit offensive odors perceptible at the property line of an adjoining use. This section shall not apply to the exhaust from restaurants, bakeries, taverns and other uses where food is cooked or prepared.
E.
Radiation. No use shall emit radiation that is detectable at the property line of an adjoining use.