Queensbury City Zoning Code
ARTICLE 6
Environmental and Performance Standards
§ 179-6-010 Extensive clearing of vegetation and grading.
A.
Purpose and intent. It is the purpose of this section to prevent the clear-cutting and grading of lots except in association with an approved site plan.
B.
Application. Within a ten-year time period, all extensive clearing of vegetation and/or grading over an area of land greater than one acre that is not associated with site development for an approved subdivision or site plan development is prohibited without first obtaining site plan approval. Clearing and grading activity of smaller land areas may be subject to the requirements of Chapter 147 of the Town Code. For the purpose of this section, “extensive clearing of vegetation” shall mean the removal of more than 50% of trees over six inches in diameter at the height of 4 1/2 feet or the removal of more than 75% of all vegetation.
[Amended 1-28-2011 by L.L. No. 2-2011]
C.
Any person proposing to undertake extensive clearing of vegetation or grading over an area of land greater than one acre must follow the procedures for and obtain site plan approval in accordance with Article 9, Site Plan Review, of this chapter. This requirement applies to timber harvesting involving tree removal from land areas greater than specified above. Clearing and grading activity of smaller land areas may be subject to the requirements of Chapter 147 of the Town Code. These activities may be subject to additional requirements of other regulating agencies. Forest roads and/or skid trails up to but not exceeding 15 feet in width shall be excluded from the above calculations.
[Amended 1-28-2011 by L.L. No. 2-2011]
D.
This regulation does not apply to bona fide forest management activities conducted on the City of Glens Falls Watershed properties.
E.
Stormwater management and erosion and sediment controls as required by Chapter 147 of the Town Code shall be followed.
F.
This regulation is not meant to apply to normal mowing operations of already developed areas.
§ 179-6-020 Lighting.
A.
Purpose. It is the intent of these regulations to provide for appropriate lighting that balances the promotion of safety, security and the Town's nighttime character while reducing glare, unsightly or unnecessary brightness, light trespass, and helping to reduce the consumption of energy.
B.
Application. These regulations shall apply to all uses in all zoning districts in the Town of Queensbury. As such, all outdoor lighting, public or private, installed in the Town of Queensbury shall be in conformance with the requirements established by this section within a seven-year period from the adoption of this Zoning Code.
C.
Standards. All exterior lights and illuminated signs shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines. The following horizontal lumination levels shall be observed. For uses not listed here, the Planning Board may determine the appropriate horizontal lumination level, referencing the values found in the reference titled "The IESNA Lighting Handbook," published by the Illumination Engineering Society of North America. The Planning Board may vary these standards, making them more or less restrictive, where it finds it to be in the interests of this chapter and the Town to do so. In particular, the Planning Board may vary the standards with reference to the brightness and uses of the surrounding environment.
Use | Horizontal Illuminance (footcandles) |
|---|---|
Commercial parking lot | 2.5 |
Industrial parking lot | 1.0 |
Small office parking lot | 1.0 |
Large office parking lot | 2.5 |
Recreation parking lot | 2.5 |
Multifamily parking lot | 2.5 |
Churches/Education lots | 1.0 |
Building entrances | 5.0 |
Building exteriors | 1.0 |
Loading/Unloading areas | 20.0 |
Gas station approach/driveway | 2.0 |
Gas station pump island | 10.0 |
Gas station service areas | 3.0 |
Seasonal stands | 25.0 |
Automobile lots | 20 |
Driveways and road approaches | 2.0 |
Sidewalks and bikeways | 1.0 |
D.
Fixtures. All lighting fixtures shall be architecturally compatible with the primary building. Fixtures shall be shielded and have cut-offs to direct light to the ground. This must be accomplished so that light dispersion or glare does not shine above a ninety-degree horizontal plane from the base of the fixture. Cut-off fixtures must be installed in a horizontal position as designed. Flat lens cut-offs are required. Fixtures shall generally be of dark colors. Pole-mounted fixtures shall not exceed a ten-foot height limit for small offices. For large offices and all other uses, pole-mounted fixtures shall not exceed 20 feet in height. High-pressure sodium lights are preferred. Lexan lenses or similar low-glare materials are preferred.
E.
Lighting shall not interfere with or impair pedestrian or motorist vision.
F.
Procedure. Any use subject to site plan review shall submit a lighting plan describing the lighting component specifications such as lamps, poles, reflectors and bulbs. The lighting plan shall show the illumination levels for the entire site and shall be at a scale consistent with the site plan. The Planning Board may require specific lighting plans to address portions of the site, such as parking lots, or pedestrian walkways, for evaluation purposes.
§ 179-6-030 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.
§ 179-6-040 Radiation.
No use shall emit any form of radiation that is in excess of any adopted state or federal standard.
§ 179-6-050 Shoreline regulations.
A.
Purpose.
(1)
The purpose of these shoreline regulations is to promote and protect the public health, welfare and safety and to protect economic property values, aesthetic and recreational values and other natural resource values associated with all lakes, ponds, streams, or wetlands. It is the further purpose of these regulations to:
(a)
Provide for the protection, preservation, proper maintenance and use of township watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion, turbidity or siltation, a loss of wildlife and vegetation and/or from the destruction of the natural habitat thereof.
(b)
Provide for the protection of the township's potable fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement.
(2)
For the purpose of this section and this chapter, the term "wetlands" means any wetland located in the Town of Queensbury that is regulated by, or falls within the jurisdiction of, the DEC, APA or Army Corps of Engineers.
B.
Regulations. In the case of the shorelines of all lakes, ponds, streams, or wetlands and the shoreline of the Hudson River, the following restrictions shall apply:
(1)
Cutting restrictions. The removal of vegetation, including trees, shall be permitted on shorefront lots, provided that the following standards are met:
(a)
Within 35 feet extending inland from all points along the mean high-water mark of all lakes and ponds and within 75 feet of all regulated streams, wetlands and rivers, no vegetation may be removed within the first six feet from the shoreline and no woody vegetation greater than one inch in dbh may be removed between the six-foot mark and the thirty-five-foot or 75 foot mark respectively. This area shall be maintained as an undisturbed natural buffer strip.
[Amended 5-6-2019 by L.L. No. 4-2019]
(b)
The general exception to this standard shall be an allowance for water access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30% of the shoreline frontage on any individual lot or a maximum of 75 linear feet, whichever is less. The clearcut shall be sited on the lot (such as angled across the lot) so as to allow for a view and access, but also to reduce runoff. The pathway created shall be constructed or surfaced at a width of no more than 10 feet and in a manner to be effective in controlling erosion. The ground cover planting requirements of § 179-8-040B shall still be applicable in this area.
[Amended 5-6-2019 by L.L. No. 4-2019]
(c)
The above cutting standard shall not be deemed to prevent the removal of diseased vegetation or dead or damaged trees or other vegetation that presents safety or health hazards or pruning of shrubs, cutting of grass or similar yard maintenance procedures. The purpose of the tree cutting and land clearing regulation is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland. These provisions shall not apply to the removal of dead, diseased or dying trees or to other vegetation that, in the opinion of the Zoning Administrator, presents safety or health hazards.
(d)
Cutting plan. As an alternative to the above subsections, a special cutting plan allowing greater cutting may be permitted by the Planning Board. An application shall include a sketch of the lot and provide information on the topography of the land, existing vegetation, a proposed cutting plan and a proposed revegetation plan. The Planning Board may request the Soil Conservation Service to review the plan and make recommendations. The Planning Board may approve such plan only if it finds that such special cutting plans:
[1]
Will not cause undue erosion or destruction of scenic beauty.
[2]
Provide that natural vegetation is preserved as far as practicable and, where removed, it is replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
[3]
Provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Zoning Administrator shall require the submission of a bond which will guarantee the performance of the tree or shrubbery replacement by the lot owner.
[4]
Will not violate the land clearing standards of this section or the shoreline restrictions of other governmental agencies with jurisdiction, such as the Adirondack Park Agency or Department of Environmental Conservation. The following general standard shall be utilized by the Planning Board in reviewing a proposed cutting plan: Within 35 feet of the mean high-water mark, no vegetation may be removed, except that up to a maximum of 30% of the trees in excess of six inches in diameter at breast height existing at any time may be cut over any ten-year period; and within six feet of the mean high-water mark, no vegetation may be removed, except that up to a maximum of 30% of the shorefront may be cleared of vegetation on any individual lot.
(e)
Revegetation. Where a shoreline lot owner violates the shoreline cutting restrictions, the Zoning Administrator shall require total revegetation so as to create a buffer strip area, which is in compliance with this section. A vegetative recommendation can be made by the Warren County Soil and Water Conservation District, if requested by the Zoning Administrator. This provision shall be in addition to any and all penalties contained in this chapter.
C.
Provisions for shared or contractual access. The following requirements and minimum shoreline frontages shall be required for deeded, easement, right-of-way or any other contractual access to all such lakes, ponds, rivers, streams or wetlands for two or more lots, parcels or sites or multiple-family dwelling units not having separate and distinct ownership of shore frontage:
(1)
Site plan review and approval by the Planning Board pursuant to the standards set forth herein.
(a)
A plan shall be submitted showing areas for swimming, recreation, docking, building placement, parking, landscaping and provision for long-term management of shared areas.
(b)
Compliance with the provisions of this section and this chapter.
(c)
Such use shall not significantly impair the natural appearance of said parcel; would not overcrowd the parcel or the adjacent water surface; would not produce unreasonable noise or glare to the surrounding properties; and does not pose any substantial hazards.
(d)
Waterfront parcels may be developed for contractual access for five or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels.
(e)
Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high-water mark.
(f)
No structures other than toilet, changing facilities, or picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of all structures shall not exceed 1,000 square feet.
(g)
Commercial activities of any kind are prohibited.
D.
Miscellaneous provisions.
(2)
Alteration to the shoreline or stream bed. No filling, grading, lagooning, dredging, ditching and excavating of the shoreline or the addition or replacement of retaining walls along the shoreline shall be undertaken without site plan review. The following general standards shall apply for construction along the shoreline:
[Amended 1-28-2011 by L.L. No. 2-2011; 5-1-2023 by L.L. No. 6-2023]
(a)
The activity shall not alter the natural contours of the shoreline.
(b)
The activity shall not disturb shoreline vegetation except in a manner consistent with Subsection B(1)(a). Where vegetation is destroyed or removed it shall be restored or replaced with indigenous vegetation. Stabilization shall be in accordance with the United States Soil Conservation Service engineering standards and specifications.
(c)
The activity shall be carried out in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitats.
(d)
All applicable federal, state and other agency permits shall be obtained.
(e)
In addition, the following specific conditions shall apply:
[1]
Filling. There shall be no fill placed in waters of any lake, stream, pond, river or wetland, except as associated with shoreline protective structures or beach replenishment or as otherwise found to be beneficial to existing shoreline conditions or water quality or clarity. Any fill placed adjacent to any lake, stream, pond, river or wetland shall be protected against erosion.
[2]
Dredging. There shall be no removal or rearrangement of materials in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions, uses, water quality and clarity. Where dredging is permitted, soil materials shall not be deposited within 100 feet of the waterfront unless properly stabilized.
[3]
Retaining walls. In 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 Administrator. Retaining walls shall not be permitted to be constructed for only aesthetic reasons. When permitted, retaining walls shall not exceed 16 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 retaining wall, it shall be the sealed, nonleaching type.
[4]
Shoreline fill or hard surfacing. No fill or hard surfacing shall be permitted within 50 feet of any lake, pond, river, stream or wetland except by site plan approval of the Planning Board, except that no review/approval shall be required for preventative maintenance or repair caused by erosion or other acts of nature. A maximum of 100 square feet of new impervious area or 400 square feet of porous pavement (i.e., porous pavers) may be created within 75 linear feet of all regulated streams, wetlands and rivers. The above exceptions shall not be construed to be relief from any other governmental agency having jurisdiction. Wetlands will be determined by New York State Department of Environmental Conservation Wetlands Maps, the Queensbury Planning Board and/or any governmental agency having jurisdiction.
(f)
Standards for stream crossings and stream bed disturbances. The following criteria shall apply to all stream crossings and stream bed disturbances.
[Added 5-1-2023 by L.L. No. 6-2023]
[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.
[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 Town 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 1/4 times the stream bed width.
[10]
Culverts shall be embedded 20% along their entire linear length.
[11]
Any stream bed disturbance shall promote the natural shape, slope, and substrate of a stream.
[12]
Any stream bed disturbance shall be limited to the minimum disturbance necessary.
[13]
Creation of land disturbance and impervious areas for driveways shall be limited to a maximum width of 20 feet. Land disturbance and impervious areas for roads shall be limited to 30 feet within the Lake George Park. Where fill is necessary to create such a driveway, the basal area of the filling within wetland areas with side slopes is not to exceed three on one. If this standard conflicts with standards at § 179-6-05D(2), this provision shall control.
[14]
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 Warren County Clerk.
[15]
No permit shall be issued pursuant to this subsection unless the Town 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 natural resources.
§ 179-6-060 Construction on slopes.
A.
Site plan review required.
(1)
In any zoning district, site plan review shall be required for the following:
(a)
Any detached structure proposed to be constructed on any lot, parcel or site having a slope of 15% or more within a fifty-foot radius of the proposed location of said structure; or removal or excavation of 100 cubic yards or more of rock, soil or vegetation from such site.
(b)
Proposed construction of a privately owned driveway, road or right-of-way on a slope of 10% or more.
(2)
The Zoning Administrator, at his/her discretion, may require site plan review for residential construction projects where cut or fill activities are six feet or more from existing grade to finish grade.
B.
Stormwater, soil and erosion standards. Site plan review for any construction on slopes under this section shall include measures for stormwater drainage and soil and erosion control pursuant to §§ 179-6-070 and 179-6-080. In addition, the Planning Board may require more protective measures than what is provided in the aforesaid sections, if the Planning Board deems such measures are warranted given the nature and location of the site.
§ 179-6-065 Construction within a critical environmental area.
§ 179-6-070 Soil and erosion control.
B.
Standards.
(1)
When land is exposed during development, the exposure should be kept to the shortest practicable period of time and the smallest amount of land possible.
(2)
Grading and development shall preserve salient natural features, such as trees, groves, natural terrain, waterways and other similar resources, and shall conform substantially with the natural boundaries and alignment of watercourses.
(3)
Provision shall be made prior to, during and after construction to dispose of increased runoff caused by changed surface conditions, in a manner which minimizes danger of flooding, erosion and pollutants from urban runoff entering lakes, streams or rivers.
(4)
Temporary vegetation and mulching may be used to protect critical areas during development.
(5)
Permanent vegetation shall be successfully established and erosion control structures shall be installed as soon as practical on development. Wherever feasible; natural vegetation shall be retained and protected.
(6)
Topsoil removed from areas for structures shall be redistributed within the boundaries of the lands in question so as to provide a suitable base for seeding and planting.
(7)
The development shall be fitted to the topography and soils to create the least erosion potential. Cut-and-fill operations shall be kept to a minimum and shall transition smoothly into existing topography so as to create the least erosion potential and adequately accommodate the volume and rate of velocity of surface runoff.
(8)
Cuts and fills shall not endanger adjoining property nor divert water onto the property of others.
(9)
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(10)
Disturbed soils shall be stabilized as soon as possible. Temporary vegetation and/or mulching may be used to protect exposed land areas during construction.
(11)
Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment runoff waters from land undergoing development. Provisions shall be made to prevent surface water from damaging the cut face of excavations, fills or sloping surfaces.
(12)
The control of erosion and sediment shall be a continuous process, undertaken as necessary prior to, during and after site preparations and construction. Sedimentation control measures shall be installed as part of site preparation prior to beginning any construction.
(13)
Permanent vegetation shall be successfully established and erosion control structures shall be installed within a time specified on the building permit or approved site plan. Wherever feasible, natural vegetation shall be retained and protected.
(14)
All fill material shall be of a composition suitable for the ultimate use of the fill, free of rubbish and carefully restricted in its content of brush, stumps, tree debris, rocks, frozen material and soft or easily compressible material. Fill material shall be compacted sufficiently to prevent problems of erosion.
(15)
Grades of at least 1/2% and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within site plans, in which event there shall be sufficient water flow to maintain proposed water levels and avoid stagnation.
(16)
Provisions shall be made that there will be no detrimental effect on the water quality of the watercourses. There will be no discharge of sediment or other material into the watercourses.
(17)
Fills shall not encroach on natural watercourses, constructed channels or floodway areas. Fills placed adjacent to or having impact on natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding.
(18)
No development shall be permitted in a floodway if such development shall raise the water surface elevation of the base flood at any point in the community.
(19)
The rate of surface runoff shall not be increased by new construction. Whenever possible, drainage shall be sheet-drained into earthen swales and collected in a detention or retention basin. Where soils permit, the water shall be allowed to percolate into soils. Where clayey soils occur, water shall be collected during storm periods and released slowly into existing streams and drainage channels.
(20)
During grading operations, appropriate measures shall be taken for dust control.
(21)
Grading equipment shall not be allowed to enter into or cross any watercourse, except in accordance with the best management practices as defined in the building permit.
(22)
Whenever lawns are established, areas of natural vegetation shall be maintained to filter fertilizers, pesticides or other chemicals before the runoff enters natural streams or drainage channels, lakes, or other bodies of water. Property owners shall be encouraged to leave natural vegetation rather than develop lawns.
(23)
Boat ramps shall be limited to public boat launch sites and commercially operated boat launches.
(24)
Boat ramps shall be designed to accommodate most runoff before it enters the lake or river.
§ 179-6-080 Stormwater runoff.
A.
A stormwater pollution prevention plan consistent with the requirements of Town Code Chapter 147, Stormwater Management, shall be required as part of the site plan approval process.
B.
The stormwater drainage plan shall analyze the impacts of the project using at least a twenty-five-year return interval storm for residential projects and a fifty-year return interval storm for commercial or industrial projects, and using the analysis procedures in the Town of Queensbury Subdivision Regulations.[1]
C.
All stormwater management plans shall be designed so that post-development run-off rates and volumes are equal to or less than pre-development run-off. Post-development direction of flow and type of discharge shall be the same as pre-development conditions.
D.
Stormwater design criteria shall follow the criteria in the Town of Queensbury Subdivision Regulations or, if located within the Lake George Park, shall follow Chapter 147, Stormwater Management, for the Town of Queensbury, whichever is more restrictive.
E.
The Planning Board may refer stormwater drainage plans to the Town Engineer, the Town Highway Superintendent, or such other persons or agencies it deems appropriate.
§ 179-6-090 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.